A €100 million, 400ft-high wind farm planned for west Clare is to bypass the planning process.
It follows a Bord Pleanála ruling that the plan by Clare Coastal Wind Power for a 46-turbine wind farm on two sites near the coast is considered strategic infrastructure and, as a result, will be considered by the appeals board.
The sites for the wind farm are located 1km south of Doonbeg and 3km to the north of Kilrush.
The plan is 50% larger than the largest planning application for a wind farm to date in the mid-west, granted at Mount Callan, where planning permission was given for 30 turbines last month by An Bord Pleanála.
Clare Coastal Wind Power had its first pre-application consultation in August last year with An Bord Pleanála.
According to the inspector’s report in the case, the applicants state that the plan would be of strategic economic or social importance to the state or the region in terms of benefits to the local economy in providing electricity; the annual reduction of 207,000 tonnes of CO2 and displacement of use of fossil fuel generation of an annual energy equivalent production from 77,280 tonnes of oil.
The applicants also said that "the development would contribute substantially to the fulfilment of any of the objectives in the National Spatial Strategy or in any regional planning guidelines by assisting in meeting goals in relation to sustainable energy".
The applicants must now prepare and lodge an Environmental Impact Statement and application with An Bord Pleanála, where third parties will also have opportunities to make submissions.
To date, planning has been granted for 100 turbines in west Clare.
Irish Examiner
www.bpsplanningconsultants.ie
Showing posts with label strategic infrastructure act. Show all posts
Showing posts with label strategic infrastructure act. Show all posts
Monday, 17 October 2011
Friday, 10 September 2010
200 a day sign petition for hospital site review
AN ONLINE petition to review the chosen location for the €700 million National Paediatric Hospital is attracting up to 200 signatures per day.
The petition comes as the HSE revealed it is to switch its planning application from Dublin City Council to An Bord Pleanála’s fast track strategic infrastructure division, with discussions to open on September 29th.
A spokesman for the HSE said engagement would begin with An Bord Pleanála on September 29th, which is one day after new provisions in the 2010 Development Act bring such hospitals within the definition of strategic infrastructure.
The spokesman said much pre-planning discussion had already been undertaken with Dublin City Council. An Bord Pleanála said the first issue to be assessed is whether the hospital does come within the scope of the bord’s jurisdiction.
After that, pre-planning discussions can in theory take as little as a week, but in practice have taken up to 13 months.
He said the time schedule was very much “developer driven” as the process was dependent on developers lodging papers and coming back with additional information in a timely fashion.
According to the petition organisers, there is still time to review the “scandal” of the proposed location on the Mater Hospital car park in Eccles Street.
Ray White, a parent with experience of the paediatric services over a number of years, said the inner-city location, which was too cramped, would add to difficulties faced by parents coming to the hospital from around the country. The group is not advocating any particular site but believes somewhere near the M50 would be better.
Mr White said the petition could be accessed through thenewchildrens
hospital.ie where people can register support. Referring to Mater site, he said “it was a great scandal what has happened here”.
Irish Times
www.buckplanning.ie
The petition comes as the HSE revealed it is to switch its planning application from Dublin City Council to An Bord Pleanála’s fast track strategic infrastructure division, with discussions to open on September 29th.
A spokesman for the HSE said engagement would begin with An Bord Pleanála on September 29th, which is one day after new provisions in the 2010 Development Act bring such hospitals within the definition of strategic infrastructure.
The spokesman said much pre-planning discussion had already been undertaken with Dublin City Council. An Bord Pleanála said the first issue to be assessed is whether the hospital does come within the scope of the bord’s jurisdiction.
After that, pre-planning discussions can in theory take as little as a week, but in practice have taken up to 13 months.
He said the time schedule was very much “developer driven” as the process was dependent on developers lodging papers and coming back with additional information in a timely fashion.
According to the petition organisers, there is still time to review the “scandal” of the proposed location on the Mater Hospital car park in Eccles Street.
Ray White, a parent with experience of the paediatric services over a number of years, said the inner-city location, which was too cramped, would add to difficulties faced by parents coming to the hospital from around the country. The group is not advocating any particular site but believes somewhere near the M50 would be better.
Mr White said the petition could be accessed through thenewchildrens
hospital.ie where people can register support. Referring to Mater site, he said “it was a great scandal what has happened here”.
Irish Times
www.buckplanning.ie
Wednesday, 1 September 2010
New children's hospital on fast track through the planning procedures
THE CONSTRUCTION of the controversial new national children’s hospital on the Mater site in central Dublin is to be fast-tracked through the planning process, it has emerged.
The change in approach means the project will not be scrutinised by Dublin city council planners and a planning application will go directly to Bord Pleanála instead.
Minister for Health Mary Harney told the Dáil last April that the development board for the project, formally known as the National Paediatric Hospital, would submit a design application to the council in June 2010. This was later pushed back to August, when a media briefing for the proposals was planned.
However, no application was submitted and the development board last week heard that the application would now go directly to Bord Pleanála. The change in approach was attributed to recent amendments to planning legislation which are now Government policy, and board members were told the project team was evaluating the impact of the legislation on the project.
A spokesman for the development board yesterday confirmed the new approach. He said certain healthcare projects could now be considered under strategic infrastructure legislation, since the Government enacted a change to the planning laws at the end of July. The children’s hospital project qualified as strategic infrastructure because it was both strategic and of national importance, he said.
Engagement with Bord Pleanála on the planning application will not now happen until September 29th.
The plan to construct a new national children’s hospital beside the Mater hospital has been widely criticised by groups who claim the site is unsuitable. Most recently, 25 leading medical specialists expressed opposition after leading cardiologist Maurice Neligan said he had changed his mind and now favoured development on a greenfield site. “It would have been prudent if the proposed plan for the development and its access had been made available for public scrutiny,” Mr Neligan said.
Meanwhile, Phil Shovlin, a key aide of former HSE boss Brendan Drumm since 2006, has been appointed the next chief executive of Temple Street children’s hospital. Ms Shovlin trained as a nurse and was chief executive of St Vincent’s private hospital in Dublin from 1999 to 2002. She worked as services planner with the North Western Health Board in 2002-2005 before taking up the post of director of the chief executive’s office in the HSE.
At Temple Street, which will be subsumed into the National Paediatric Hospital when it is built, she succeeds Paul Cunniffe, who held the post of chief executive for 29 years.
Irish Times
www.buckplanning.ie
The change in approach means the project will not be scrutinised by Dublin city council planners and a planning application will go directly to Bord Pleanála instead.
Minister for Health Mary Harney told the Dáil last April that the development board for the project, formally known as the National Paediatric Hospital, would submit a design application to the council in June 2010. This was later pushed back to August, when a media briefing for the proposals was planned.
However, no application was submitted and the development board last week heard that the application would now go directly to Bord Pleanála. The change in approach was attributed to recent amendments to planning legislation which are now Government policy, and board members were told the project team was evaluating the impact of the legislation on the project.
A spokesman for the development board yesterday confirmed the new approach. He said certain healthcare projects could now be considered under strategic infrastructure legislation, since the Government enacted a change to the planning laws at the end of July. The children’s hospital project qualified as strategic infrastructure because it was both strategic and of national importance, he said.
Engagement with Bord Pleanála on the planning application will not now happen until September 29th.
The plan to construct a new national children’s hospital beside the Mater hospital has been widely criticised by groups who claim the site is unsuitable. Most recently, 25 leading medical specialists expressed opposition after leading cardiologist Maurice Neligan said he had changed his mind and now favoured development on a greenfield site. “It would have been prudent if the proposed plan for the development and its access had been made available for public scrutiny,” Mr Neligan said.
Meanwhile, Phil Shovlin, a key aide of former HSE boss Brendan Drumm since 2006, has been appointed the next chief executive of Temple Street children’s hospital. Ms Shovlin trained as a nurse and was chief executive of St Vincent’s private hospital in Dublin from 1999 to 2002. She worked as services planner with the North Western Health Board in 2002-2005 before taking up the post of director of the chief executive’s office in the HSE.
At Temple Street, which will be subsumed into the National Paediatric Hospital when it is built, she succeeds Paul Cunniffe, who held the post of chief executive for 29 years.
Irish Times
www.buckplanning.ie
Tuesday, 27 May 2008
Court challenge to €500m gas facility
A €500 MILLION liquified natural gas facility, which was the first project to be "fast tracked" under the 2006 Strategic Infrastructure Act, may now be held up by legal actions that have been filed in the High Court.
The Kilcolgan Residents' Association and the Friends of the Irish Environment have each lodged proceedings against the decision by An Bórd Pleanála to grant planning permission to Shannon LNG to build a terminal near Tarbert, Co Kerry, in the Shannon Estuary.
Permission was granted in April after an application was lodged directly in September 2007 to An Bord Pleanála, rather than to the local planning authority, as would normally be the case.
A spokesman for Shannon LNG had no comment to make when contacted yesterday. The company is a subsidiary of the Hess LNG group in the US.
The residents' association said it was seeking a judicial review on safety, environmental and procedural grounds. No emergency plan exists for the proposed development and no marine risk assessment has been completed, it said. It also said that, during an oral hearing on the planning application held in Tralee in January, it was revealed that Kerry County Council had refused to undertake a strategic environmental assessment before rezoning the site industrial. It said this was contrary to Irish and European law.
The respondents in the case are An Bord Pleanála and the Health and Safety Authority.
Friends of the Irish Environment said it was seeking a judicial review and that the decision by An Bord Pleanála infringed "at least" five EU directives.
The plan for the terminal was first announced in May 2006. It is envisaged by Shannon LNG that construction of the facility will take three years from when construction work begins.
The terminal is to be constructed on 281 acres of 600 acres of Shannon Development owned land between Tarbert and Ballylongford, Co Kerry.
The site, which has been designated by Shannon Development for deep-water projects, is about 25 km from the national gas pipeline grid.
The terminal will provide about 50 long-term jobs and 350 jobs on average over the life of the construction programme, according to Shannon LNG.
At the time permission was granted for the development, Shannon LNG said it was conscious that the proposed development would be one of the largest construction projects to take place in the north Kerry region.
"We will progress the development in ongoing consultation with the local community in order to minimise inconvenience and disturbance. Once operational, the terminal will be a very quiet and clean facility," it said.
About 60 per cent of Ireland's electricity is generated using natural gas. The proposed terminal will allow Ireland to access multiple sources of gas from around the world, delivering greater security and diversity of energy supply, according to Shannon LNG.
Liquified natural gas is gas converted to liquid by reducing it to below minus 160 degrees. This reduces the volume of the gas and makes it suitable for transportation by sea.
The Irish Times
www.buckplanning.ie
The Kilcolgan Residents' Association and the Friends of the Irish Environment have each lodged proceedings against the decision by An Bórd Pleanála to grant planning permission to Shannon LNG to build a terminal near Tarbert, Co Kerry, in the Shannon Estuary.
Permission was granted in April after an application was lodged directly in September 2007 to An Bord Pleanála, rather than to the local planning authority, as would normally be the case.
A spokesman for Shannon LNG had no comment to make when contacted yesterday. The company is a subsidiary of the Hess LNG group in the US.
The residents' association said it was seeking a judicial review on safety, environmental and procedural grounds. No emergency plan exists for the proposed development and no marine risk assessment has been completed, it said. It also said that, during an oral hearing on the planning application held in Tralee in January, it was revealed that Kerry County Council had refused to undertake a strategic environmental assessment before rezoning the site industrial. It said this was contrary to Irish and European law.
The respondents in the case are An Bord Pleanála and the Health and Safety Authority.
Friends of the Irish Environment said it was seeking a judicial review and that the decision by An Bord Pleanála infringed "at least" five EU directives.
The plan for the terminal was first announced in May 2006. It is envisaged by Shannon LNG that construction of the facility will take three years from when construction work begins.
The terminal is to be constructed on 281 acres of 600 acres of Shannon Development owned land between Tarbert and Ballylongford, Co Kerry.
The site, which has been designated by Shannon Development for deep-water projects, is about 25 km from the national gas pipeline grid.
The terminal will provide about 50 long-term jobs and 350 jobs on average over the life of the construction programme, according to Shannon LNG.
At the time permission was granted for the development, Shannon LNG said it was conscious that the proposed development would be one of the largest construction projects to take place in the north Kerry region.
"We will progress the development in ongoing consultation with the local community in order to minimise inconvenience and disturbance. Once operational, the terminal will be a very quiet and clean facility," it said.
About 60 per cent of Ireland's electricity is generated using natural gas. The proposed terminal will allow Ireland to access multiple sources of gas from around the world, delivering greater security and diversity of energy supply, according to Shannon LNG.
Liquified natural gas is gas converted to liquid by reducing it to below minus 160 degrees. This reduces the volume of the gas and makes it suitable for transportation by sea.
The Irish Times
www.buckplanning.ie
Wednesday, 30 April 2008
Bord Pleanála will consider new Corrib route proposal
AN BORD Pleanála has confirmed that it will accept applications for the Corrib gas project's modified onshore pipeline route under the Strategic Infrastructure Act which allows for fast-tracking certain projects.
Shell E&P Ireland has prepared two applications for the planning appeals board under the fast-tracking legislation, which may result in another oral hearing.
The first of these two was lodged on behalf of the Corrib gas developers on Monday - hours before formally rejecting a compromise proposal from Erris residents which aimed to resolve the continuing difficulties.
The compromise, which is still before Minister for Energy Eamon Ryan, involves relocating the refinery currently under construction at Bellanaboy - but dropping a demand for it to be built at sea.
A coastal location would obviate the need for an onshore pipeline and would not pose the risk which the current refinery does to public drinking water, as it is within the Carrowmore lake catchment, the seven Erris community leaders contend. All seven were key supporters of the Mayo Shell To Sea campaign, which is making no comment on the development.
The compromise has received public endorsement from the Bishop of Killala, Dr John Fleming, Mayo Fine Gael TD Michael Ring and Labour Party president Michael D Higgins - all of whom have appealed for Shell and Mr Ryan to respond.
Mr Higgins yesterday described the bishop's support and that of community leaders as "very significant", and urged StatoilHydro, as a partner in the Corrib gas project, to use its influence with Shell if further conflict is to be avoided.
"StatoilHydro is responsible to a Norwegian government which has an oil and gas development policy that stresses consultation must take place with local communities," Mr Higgins said.
However, Pro Erris Gas Group secretary and retired garda Brendan Cafferty described the compromise location at Glinsk on the coastline as "another diversion" and "preposterous".
In a related development, the European Parliament's petitions committee is to discuss Corrib gas issues on May 26th. This follows a petition lodged last year by former Shell To Sea spokesman and Galway-Mayo Institute of Technology lecturer Dr Mark Garavan.
His petition argues that the project is in breach of a number of EU directives, including the habitats, Seveso and water framework directives.
Shell E&P Ireland's first application to an Bord Pleanála this week relates to compulsory application orders (CAOs) for access to land on the modified high-pressure pipeline route. The second relates to planning permission for the actual route.
The Irish Times
www.buckplanning.ie
Shell E&P Ireland has prepared two applications for the planning appeals board under the fast-tracking legislation, which may result in another oral hearing.
The first of these two was lodged on behalf of the Corrib gas developers on Monday - hours before formally rejecting a compromise proposal from Erris residents which aimed to resolve the continuing difficulties.
The compromise, which is still before Minister for Energy Eamon Ryan, involves relocating the refinery currently under construction at Bellanaboy - but dropping a demand for it to be built at sea.
A coastal location would obviate the need for an onshore pipeline and would not pose the risk which the current refinery does to public drinking water, as it is within the Carrowmore lake catchment, the seven Erris community leaders contend. All seven were key supporters of the Mayo Shell To Sea campaign, which is making no comment on the development.
The compromise has received public endorsement from the Bishop of Killala, Dr John Fleming, Mayo Fine Gael TD Michael Ring and Labour Party president Michael D Higgins - all of whom have appealed for Shell and Mr Ryan to respond.
Mr Higgins yesterday described the bishop's support and that of community leaders as "very significant", and urged StatoilHydro, as a partner in the Corrib gas project, to use its influence with Shell if further conflict is to be avoided.
"StatoilHydro is responsible to a Norwegian government which has an oil and gas development policy that stresses consultation must take place with local communities," Mr Higgins said.
However, Pro Erris Gas Group secretary and retired garda Brendan Cafferty described the compromise location at Glinsk on the coastline as "another diversion" and "preposterous".
In a related development, the European Parliament's petitions committee is to discuss Corrib gas issues on May 26th. This follows a petition lodged last year by former Shell To Sea spokesman and Galway-Mayo Institute of Technology lecturer Dr Mark Garavan.
His petition argues that the project is in breach of a number of EU directives, including the habitats, Seveso and water framework directives.
Shell E&P Ireland's first application to an Bord Pleanála this week relates to compulsory application orders (CAOs) for access to land on the modified high-pressure pipeline route. The second relates to planning permission for the actual route.
The Irish Times
www.buckplanning.ie
Saturday, 1 March 2008
Bord Pleanála gives green light to phase one of Dublin to Navan rail line
PHASE ONE of the reopening of the Dublin-Navan rail line has been granted planning permission by An Bord Pleanála, making it the first project approved under the new fast-track planning scheme for major infrastructural projects.
Iarnród Éireann applied for permission to reinstate the Clonsilla-Dunboyne section of the disused line last September. The board signed the railway order yesterday, one of the fastest turnaround times achieved for an infrastructural development in the board's history.
Rail, road, waste-management and energy-related applications have in recent decades taken several years to secure planning permission. However, the Strategic Infrastructure Act, which came into force last January, allows such applications to be handled directly by the board, rather than first having to be dealt with by local authorities.
This change significantly cuts the length of time taken to process applications. The fast-track approach to planning has been criticised for removing the local democracy element from the planning process; however, the board maintains that there is still public involvement, with oral hearings and the requirement of local authorities to submit a report, which includes the views of elected representatives, on any development occurring in their area.
The reopening of the Navan line is part of the Government's Transport 21 programme. The 7.5km stretch from Clonsilla to an interchange with the M3 at Pace near Dunboyne, is due to open in 2010, with stations at Hansfield, Dunboyne and Pace. There will also be a park-and-ride facility at the M3 interchange at Pace, with parking for up to 1,200 vehicles, making it the largest public transport park- and-ride facility in the country.
The journey from Pace to Dublin will be 33 minutes, with trains leaving every 15 minutes at peak times.
The remainder of the line to Navan town, a 21km stretch, is due to open in 2015. However, no planning permission has yet been sought for this stage of the development. The journey time to Dublin from Navan would be about one hour.
The Navan rail line closed in 1963, but trains have not stopped in Dunboyne since 1947. Iarnród Éireann chairman Dr John Lynch said yesterday that he was delighted with the decision.
"Together with the current four-tracking of the Kildare route, the recent start of work on the Cork-Midleton line reopening, the ongoing work on phase one of the Western Rail Corridor plans, not to mention Dart underground, we are on the brink of the most significant expansion of our rail network in 100 years."
An Taisce also welcomed the decision but said it was disappointing that the extension of the line to Navan had been put on the "long finger" and that the M3 motorway would be built ahead of the Navan rail link.
While hundreds of applications have been made by State organisations and private companies seeking to have their projects considered for fast-track planning decisions, just six other projects have been deemed eligible for the process and are awaiting decisions by An Bord Pleanála.
These are a natural gas-fired turbine at Toomes, Co Louth; a liquid natural gas plant in Co Kerry; a container terminal in Ringaskiddy, Co Cork; the west Dublin Luas connection from Belgard to Saggart; electricity lines in Galway, and electricity lines in Co Leitrim.
The Irish Times
www.buckplanning.ie
Iarnród Éireann applied for permission to reinstate the Clonsilla-Dunboyne section of the disused line last September. The board signed the railway order yesterday, one of the fastest turnaround times achieved for an infrastructural development in the board's history.
Rail, road, waste-management and energy-related applications have in recent decades taken several years to secure planning permission. However, the Strategic Infrastructure Act, which came into force last January, allows such applications to be handled directly by the board, rather than first having to be dealt with by local authorities.
This change significantly cuts the length of time taken to process applications. The fast-track approach to planning has been criticised for removing the local democracy element from the planning process; however, the board maintains that there is still public involvement, with oral hearings and the requirement of local authorities to submit a report, which includes the views of elected representatives, on any development occurring in their area.
The reopening of the Navan line is part of the Government's Transport 21 programme. The 7.5km stretch from Clonsilla to an interchange with the M3 at Pace near Dunboyne, is due to open in 2010, with stations at Hansfield, Dunboyne and Pace. There will also be a park-and-ride facility at the M3 interchange at Pace, with parking for up to 1,200 vehicles, making it the largest public transport park- and-ride facility in the country.
The journey from Pace to Dublin will be 33 minutes, with trains leaving every 15 minutes at peak times.
The remainder of the line to Navan town, a 21km stretch, is due to open in 2015. However, no planning permission has yet been sought for this stage of the development. The journey time to Dublin from Navan would be about one hour.
The Navan rail line closed in 1963, but trains have not stopped in Dunboyne since 1947. Iarnród Éireann chairman Dr John Lynch said yesterday that he was delighted with the decision.
"Together with the current four-tracking of the Kildare route, the recent start of work on the Cork-Midleton line reopening, the ongoing work on phase one of the Western Rail Corridor plans, not to mention Dart underground, we are on the brink of the most significant expansion of our rail network in 100 years."
An Taisce also welcomed the decision but said it was disappointing that the extension of the line to Navan had been put on the "long finger" and that the M3 motorway would be built ahead of the Navan rail link.
While hundreds of applications have been made by State organisations and private companies seeking to have their projects considered for fast-track planning decisions, just six other projects have been deemed eligible for the process and are awaiting decisions by An Bord Pleanála.
These are a natural gas-fired turbine at Toomes, Co Louth; a liquid natural gas plant in Co Kerry; a container terminal in Ringaskiddy, Co Cork; the west Dublin Luas connection from Belgard to Saggart; electricity lines in Galway, and electricity lines in Co Leitrim.
The Irish Times
www.buckplanning.ie
Bord Pleanála gives green light to phase one of Dublin to Navan rail line
PHASE ONE of the reopening of the Dublin-Navan rail line has been granted planning permission by An Bord Pleanála, making it the first project approved under the new fast-track planning scheme for major infrastructural projects.
Iarnród Éireann applied for permission to reinstate the Clonsilla-Dunboyne section of the disused line last September. The board signed the railway order yesterday, one of the fastest turnaround times achieved for an infrastructural development in the board's history.
Rail, road, waste-management and energy-related applications have in recent decades taken several years to secure planning permission. However, the Strategic Infrastructure Act, which came into force last January, allows such applications to be handled directly by the board, rather than first having to be dealt with by local authorities.
This change significantly cuts the length of time taken to process applications. The fast-track approach to planning has been criticised for removing the local democracy element from the planning process; however, the board maintains that there is still public involvement, with oral hearings and the requirement of local authorities to submit a report, which includes the views of elected representatives, on any development occurring in their area.
The reopening of the Navan line is part of the Government's Transport 21 programme. The 7.5km stretch from Clonsilla to an interchange with the M3 at Pace near Dunboyne, is due to open in 2010, with stations at Hansfield, Dunboyne and Pace. There will also be a park-and-ride facility at the M3 interchange at Pace, with parking for up to 1,200 vehicles, making it the largest public transport park- and-ride facility in the country.
The journey from Pace to Dublin will be 33 minutes, with trains leaving every 15 minutes at peak times.
The remainder of the line to Navan town, a 21km stretch, is due to open in 2015. However, no planning permission has yet been sought for this stage of the development. The journey time to Dublin from Navan would be about one hour.
The Navan rail line closed in 1963, but trains have not stopped in Dunboyne since 1947. Iarnród Éireann chairman Dr John Lynch said yesterday that he was delighted with the decision.
"Together with the current four-tracking of the Kildare route, the recent start of work on the Cork-Midleton line reopening, the ongoing work on phase one of the Western Rail Corridor plans, not to mention Dart underground, we are on the brink of the most significant expansion of our rail network in 100 years."
An Taisce also welcomed the decision but said it was disappointing that the extension of the line to Navan had been put on the "long finger" and that the M3 motorway would be built ahead of the Navan rail link.
While hundreds of applications have been made by State organisations and private companies seeking to have their projects considered for fast-track planning decisions, just six other projects have been deemed eligible for the process and are awaiting decisions by An Bord Pleanála.
These are a natural gas-fired turbine at Toomes, Co Louth; a liquid natural gas plant in Co Kerry; a container terminal in Ringaskiddy, Co Cork; the west Dublin Luas connection from Belgard to Saggart; electricity lines in Galway, and electricity lines in Co Leitrim.
The Irish Times
www.buckplanning.ie
Iarnród Éireann applied for permission to reinstate the Clonsilla-Dunboyne section of the disused line last September. The board signed the railway order yesterday, one of the fastest turnaround times achieved for an infrastructural development in the board's history.
Rail, road, waste-management and energy-related applications have in recent decades taken several years to secure planning permission. However, the Strategic Infrastructure Act, which came into force last January, allows such applications to be handled directly by the board, rather than first having to be dealt with by local authorities.
This change significantly cuts the length of time taken to process applications. The fast-track approach to planning has been criticised for removing the local democracy element from the planning process; however, the board maintains that there is still public involvement, with oral hearings and the requirement of local authorities to submit a report, which includes the views of elected representatives, on any development occurring in their area.
The reopening of the Navan line is part of the Government's Transport 21 programme. The 7.5km stretch from Clonsilla to an interchange with the M3 at Pace near Dunboyne, is due to open in 2010, with stations at Hansfield, Dunboyne and Pace. There will also be a park-and-ride facility at the M3 interchange at Pace, with parking for up to 1,200 vehicles, making it the largest public transport park- and-ride facility in the country.
The journey from Pace to Dublin will be 33 minutes, with trains leaving every 15 minutes at peak times.
The remainder of the line to Navan town, a 21km stretch, is due to open in 2015. However, no planning permission has yet been sought for this stage of the development. The journey time to Dublin from Navan would be about one hour.
The Navan rail line closed in 1963, but trains have not stopped in Dunboyne since 1947. Iarnród Éireann chairman Dr John Lynch said yesterday that he was delighted with the decision.
"Together with the current four-tracking of the Kildare route, the recent start of work on the Cork-Midleton line reopening, the ongoing work on phase one of the Western Rail Corridor plans, not to mention Dart underground, we are on the brink of the most significant expansion of our rail network in 100 years."
An Taisce also welcomed the decision but said it was disappointing that the extension of the line to Navan had been put on the "long finger" and that the M3 motorway would be built ahead of the Navan rail link.
While hundreds of applications have been made by State organisations and private companies seeking to have their projects considered for fast-track planning decisions, just six other projects have been deemed eligible for the process and are awaiting decisions by An Bord Pleanála.
These are a natural gas-fired turbine at Toomes, Co Louth; a liquid natural gas plant in Co Kerry; a container terminal in Ringaskiddy, Co Cork; the west Dublin Luas connection from Belgard to Saggart; electricity lines in Galway, and electricity lines in Co Leitrim.
The Irish Times
www.buckplanning.ie
Monday, 1 January 2007
Go to source for the Strategic Infrastructure Act
THE PLANNING AND DEVELOPMENT (STRATEGIC INFRASTRUCTURE) ACT 2006
For those with an interest, I'd advise having a look at the Act itself. There are many commentators around, but few articles capture the scope and detail of the Act.
http://www.oireachtas.ie/documents/bills28/acts/2006/a2706.pdf
Here's a short review of its main provisions and some comment ...
The Planning and Development (Strategic Infrastructure) Act 2006 (“the Act”) consolidates development consent powers for all major infrastructural projects in the hands of the Board. The Act was signed into law on 16 July 2006 and certain provisions commenced on 17 October 2006.
New Strategic Consent Procedure
Section 3 of the Act provides for a new strategic consent procedure to be adopted for the types of infrastructure listed in the Seventh Schedule of the Planning and Development Act 2000 (“PDA 2000”) namely Energy Infrastructure, Transport Infrastructure, Environmental Infrastructure.
The Act states that if a project is of a type set out in the Seventh Schedule and if the Board considers the proposed development to be of critical importance an application accompanied by an Environmental Impact Statement (“EIS”) is to be made directly to the Board without the necessity for an application to the local planning authority.
Application Process
The application procedure to the Board is broadly similar to a standard planning application for local authority development pursuant to the PDA 2000 and the Planning and Development Regulations 2001 ie publish notice, invite submissions, notify prescribed bodies etc.
The planning authority for the area must prepare and submit a report setting out the views of the authority on the proposed project to the Board within 10 weeks of receipt of the application.
The Board retains the power to refuse to deal with an application if it believes either the application or the EIS is inadequate or incomplete. An applicant can request guidance in writing from the Board in advance in relation to what should be included in an EIS.
Decision Making Process
When making a decision in relation to a proposed development, the Board must consider the EIS, submissions and observations made and any further information furnished and any other relevant information before it.
The Board must now also consider any Report prepared, relevant Development Plan, Special Amenity Area Order, the National interest, National Spatial Strategy and Regional Guidelines and Government policies.
Decision Making Powers of the Board
Once the Board has considered all of the above matters the Board is entitled to grant or refuse permission or grant permission with modifications.
Time Frames
* It is the duty of the Board to ensure that a decision in relation to a S.3 application is made as expeditiously as is consistent with proper planning and sustainable development.
* A decision should be made within a period of 18 weeks beginning on the last day for making submissions or as the Minister may prescribe. Where the Board cannot achieve this it must notify the applicant as to the reason why it is not possible and specify a new date for its decision.
Judicial Review
A challenge to any decision of the Board can only be brought to the High Court by the Judicial Review process.
There are a number of procedural changes to the judicial review process under the Act. Key points include:
* The time for making an application is now to be assessed from either the date of any decision made or the date of any other act by a planning authority/Board.
* An extension of the rules on access to judicial review for environmental NGO’s.
* The Court may require the applicant to give an undertaking as to damages as a condition of granting permission to bring the case.
Other key changes
There are other provisions in the Act dealing with additional powers to be allocated to the Board in relation to permissions, decisions and approval under the PDA 2000. Key provisions include;
* Giving the Board the ability to amend any planning permission, decision or approval made by it or to correct any clerical error.
* Conditions for regulating the development or use of land next to land proposed to be developed and in the same ownership can be imposed in circumstances where it is expedient for the development in question or where any existing public amenity must be maintained.
* The planning authority can refuse permission to a developer on the grounds of his/her past history of non compliance of planning. If an applicant wishes to have his decision over turned they must bring an application to the High Court.
* Section 49 of the Act contains a lengthy section involving significant amendments to the Transport (Railway Infrastructure) Act 2001.
Commentary/Reaction
Some commentators believe that the legislation is too pro-developer and that it removes an existing and vital layer of local democracy from the planning process. Others have argued that there is every possibility that the Board will be fully aware of important local views in any event.
There has been a lot of criticism that the judicial review process is now even more restrictive! Of course the real issue is to try and tackle the significant delays in relation to judicial reviews in the High Court. There was a proposal to bring in a specialist division in the High Court to deal with this but this has been put on hold. Application to the Commercial Division of the High Court will likely continue to be the only way to ‘fast track’ such litigation.
There is no doubt that the Act presents a lot of challenges for the Board. They have now moved from an independent appellate body to a development consent body and one would query whether this will lead to greater challenges to its decisions. One would query also whether the Board will get the additional resources it clearly needs to meet these deadlines.
For those with an interest, I'd advise having a look at the Act itself. There are many commentators around, but few articles capture the scope and detail of the Act.
http://www.oireachtas.ie/documents/bills28/acts/2006/a2706.pdf
Here's a short review of its main provisions and some comment ...
The Planning and Development (Strategic Infrastructure) Act 2006 (“the Act”) consolidates development consent powers for all major infrastructural projects in the hands of the Board. The Act was signed into law on 16 July 2006 and certain provisions commenced on 17 October 2006.
New Strategic Consent Procedure
Section 3 of the Act provides for a new strategic consent procedure to be adopted for the types of infrastructure listed in the Seventh Schedule of the Planning and Development Act 2000 (“PDA 2000”) namely Energy Infrastructure, Transport Infrastructure, Environmental Infrastructure.
The Act states that if a project is of a type set out in the Seventh Schedule and if the Board considers the proposed development to be of critical importance an application accompanied by an Environmental Impact Statement (“EIS”) is to be made directly to the Board without the necessity for an application to the local planning authority.
Application Process
The application procedure to the Board is broadly similar to a standard planning application for local authority development pursuant to the PDA 2000 and the Planning and Development Regulations 2001 ie publish notice, invite submissions, notify prescribed bodies etc.
The planning authority for the area must prepare and submit a report setting out the views of the authority on the proposed project to the Board within 10 weeks of receipt of the application.
The Board retains the power to refuse to deal with an application if it believes either the application or the EIS is inadequate or incomplete. An applicant can request guidance in writing from the Board in advance in relation to what should be included in an EIS.
Decision Making Process
When making a decision in relation to a proposed development, the Board must consider the EIS, submissions and observations made and any further information furnished and any other relevant information before it.
The Board must now also consider any Report prepared, relevant Development Plan, Special Amenity Area Order, the National interest, National Spatial Strategy and Regional Guidelines and Government policies.
Decision Making Powers of the Board
Once the Board has considered all of the above matters the Board is entitled to grant or refuse permission or grant permission with modifications.
Time Frames
* It is the duty of the Board to ensure that a decision in relation to a S.3 application is made as expeditiously as is consistent with proper planning and sustainable development.
* A decision should be made within a period of 18 weeks beginning on the last day for making submissions or as the Minister may prescribe. Where the Board cannot achieve this it must notify the applicant as to the reason why it is not possible and specify a new date for its decision.
Judicial Review
A challenge to any decision of the Board can only be brought to the High Court by the Judicial Review process.
There are a number of procedural changes to the judicial review process under the Act. Key points include:
* The time for making an application is now to be assessed from either the date of any decision made or the date of any other act by a planning authority/Board.
* An extension of the rules on access to judicial review for environmental NGO’s.
* The Court may require the applicant to give an undertaking as to damages as a condition of granting permission to bring the case.
Other key changes
There are other provisions in the Act dealing with additional powers to be allocated to the Board in relation to permissions, decisions and approval under the PDA 2000. Key provisions include;
* Giving the Board the ability to amend any planning permission, decision or approval made by it or to correct any clerical error.
* Conditions for regulating the development or use of land next to land proposed to be developed and in the same ownership can be imposed in circumstances where it is expedient for the development in question or where any existing public amenity must be maintained.
* The planning authority can refuse permission to a developer on the grounds of his/her past history of non compliance of planning. If an applicant wishes to have his decision over turned they must bring an application to the High Court.
* Section 49 of the Act contains a lengthy section involving significant amendments to the Transport (Railway Infrastructure) Act 2001.
Commentary/Reaction
Some commentators believe that the legislation is too pro-developer and that it removes an existing and vital layer of local democracy from the planning process. Others have argued that there is every possibility that the Board will be fully aware of important local views in any event.
There has been a lot of criticism that the judicial review process is now even more restrictive! Of course the real issue is to try and tackle the significant delays in relation to judicial reviews in the High Court. There was a proposal to bring in a specialist division in the High Court to deal with this but this has been put on hold. Application to the Commercial Division of the High Court will likely continue to be the only way to ‘fast track’ such litigation.
There is no doubt that the Act presents a lot of challenges for the Board. They have now moved from an independent appellate body to a development consent body and one would query whether this will lead to greater challenges to its decisions. One would query also whether the Board will get the additional resources it clearly needs to meet these deadlines.
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