Friday, 5 August 2011

Wetlands rules won’t hurt farming

NEW restrictions on drainage of wetlands will have only limited impact on farmers, according to Junior Environment Minister Willie Penrose.
He said "wet glades" are not included in the wetlands where thresholds are being lowered for agricultural activities requiring environmental impact assessment or planning permission.

Based on the Ramsar Convention on Wetlands, it has been agreed by the National Parks and Wildlife Service and the Department of Agriculture, Fisheries and Food that saturated soils include the following Irish habitats — lakes, reservoirs and ponds, turloughs, rivers and canals, swamps and marshes, flood plains that are permanently or periodically inundated with water, including callows, peatlands, wet woodlands, caves, cliffs, salt marshes, dune slacks, transitional waters such as estuaries and lagoons, and intertidal habitats to 6m below the lowest spring tide level.

"We all recognise that land becoming a bit wet over the winter period does not fall within the definition of wetlands in the regular system of farming," said Mr Penrose.

Planning regulations are being amended to reduce the threshold for mandatory environmental impact assessment (EIA) for drainage of wetlands from above 20 hectares to above 2ha.

It is also proposed, given the environmentally sensitive nature of wetlands and the potential for minor development works to have a significant environmental impact, to replace the current full planning exemption for development in wetlands with a new planning exemption threshold of 0.1 ha. This will allow for minor access works and maintenance, but any more substantial development will require a screening for EIA as part of a planning application. Non-agricultural areas are not included in the wetlands definition.

"We should not accept people seeing this as a way to make much money as the environmental impact statement should be very simple and direct for the areas involved," said the minister.

He said the European Commission is happy with the proposed threshold on wetlands development. Unless Ireland reduces the thresholds for mandatory EIAs, in order to fully address European Court of Justice findings, the commission is seeking that the court impose a lump sum fine of about €2.5m and a daily penalty of more than €33,000 per day, or €12.5m per annum.

Irish Examiner

www.buckplanning.ie

New system for some on-farm development works under review

A SEPARATE environmental impact assessment screening and consent system is being devised by the Department of Agriculture, Fisheries and Food for on-farm development works that fall outside the planning system — such as removal of hedgerows, combining of fields, ploughing of semi-natural areas, seeding and fertilising and the maintenance of field drainage.

This system of regulations — which excludes activities and development on wetlands — is currently being finalised.

"It was considered that most of these types of activities are more appropriate outside of the planning system, and that legislation should be introduced by my department that would provide a more accessible and timely screening and consent process for farmers. Therefore, these elements have been removed from the planning system by exemption and will now be included in regulations that I will introduce," said Agriculture Minister Simon Coveney.

"It should be noted that it is not intended that the drainage of lands will be generally prohibited, but that a farmer will have to apply for permission where he or she intends to undertake drainage works above a certain area threshold."

- A planning exemption is also being introduced for tanks for rainwater from the roofs of agricultural buildings to encourage uptake of the rainwater harvesting grant scheme.

- A planning exemption is also being introduced for portable waste disposal compactors, which Junior Environment Minister Willie Penrose said can play a key role, particularly in rural areas without municipal waste collection, to facilitate waste collection.

Irish Examiner

www.buckplanning.ie

New system for some on-farm development works under review

A SEPARATE environmental impact assessment screening and consent system is being devised by the Department of Agriculture, Fisheries and Food for on-farm development works that fall outside the planning system — such as removal of hedgerows, combining of fields, ploughing of semi-natural areas, seeding and fertilising and the maintenance of field drainage.

This system of regulations — which excludes activities and development on wetlands — is currently being finalised.

"It was considered that most of these types of activities are more appropriate outside of the planning system, and that legislation should be introduced by my department that would provide a more accessible and timely screening and consent process for farmers. Therefore, these elements have been removed from the planning system by exemption and will now be included in regulations that I will introduce," said Agriculture Minister Simon Coveney.

"It should be noted that it is not intended that the drainage of lands will be generally prohibited, but that a farmer will have to apply for permission where he or she intends to undertake drainage works above a certain area threshold."

- A planning exemption is also being introduced for tanks for rainwater from the roofs of agricultural buildings to encourage uptake of the rainwater harvesting grant scheme.

- A planning exemption is also being introduced for portable waste disposal compactors, which Junior Environment Minister Willie Penrose said can play a key role, particularly in rural areas without municipal waste collection, to facilitate waste collection.

Irish Examiner

www.buckplanning.ie

Social housing plan for Spencer Dock rejected

PLANS TO build 112 social housing apartments at Spencer Dock on the north side of the river Liffey have been rejected by the Dublin Docklands Development Authority (DDDA).

The apartments were to have been built by the Spencer Dock Development Company to fulfil its social housing obligation as part of a development of almost 1,000 apartments which was granted permission more than eight years ago.

While large numbers of the private apartments were built, the social housing element, which should have comprised 20 per cent of the overall development granted in January 2003, never went ahead.

Following campaigns by local community groups, the development company, a consortium led by Treasury Holdings, reached agreement with Dublin City Council to provide 112 social apartments as part of a development of 191 apartments at a site at the junction of New Wapping Street and Sheriff Street, close to the National Convention Centre.

In a submission on the application to the docklands authority, Gerry Fay, chairman of the North Wall Community Association that had campaigned for construction of social housing in the area, said the development was of “absolute importance” to the future of the community.

“The sum total of social housing developed in this community in the last 13 years is 37 apartments at Clarion Quay,” he said.

However, the docklands authority has determined that the proposed development cannot go ahead. In its rejection letter issued to the development company recently, the authority said the proposed development made “inadequate provision” for family-sized units, that insufficient private and semi-private amenity space had been proposed and there was no provision for childcare facilities.

A spokeswoman for Treasury Holdings said the company was disappointed by the decision as it had altered early planning consent to comply with the city council’s requirements for the apartments.

“The application was to amend an original planning permission which was for apartments for social housing. The purpose of the amendment was to comply with Dublin City Council requirements for the apartments.

“We understand that many in the local community and local city councillors and TDs are equally disappointed that the DDDA has taken this decision,” the Treasury spokeswoman said. “We intend to sit down with Dublin City Council to explore the options open to us in the light of the DDDA refusal.”

A spokeswoman for the authority said the developers had the option to go ahead with the social housing elements previously granted as part of the overall scheme.

They could alternatively make an amended application to the authority or else seek separate planning permission from Dublin City Council for social housing.

Irish Times

www.buckplanning.ie

Planning for Beamish site faces appeal

A CONSERVATION group plans to appeal a decision to grant conditional planning permission to transform a former brewery site in Cork city into a multi-million euro events centre.

Dutch-based Bam Group last week received planning approval from Cork City Council for a €150m development at the Beamish and Crawford site on South Main Street.

Its Irish subsidiary, Bam Contractors, along with Heineken Ireland, plan to develop a 6,000-seater centre that would also include retail outlets, apartments, a viewing tower and two pedestrian bridges across the River Lee.

There are 20 conditions attached to the granting of conditional planning, that include height restrictions and a €2.82m payment towards works the council will have to carry out.

The approval of planning on the site was welcomed by the Cork Business Association, Heineken Ireland and others.

However, National Conservation and Heritage Group chairman Damien Cassidy said the group’s submissions had been ignored and the granting of planning permission was a slap in the face for individuals who cared about Cork’s heritage.

"I understand that people are anxious to do anything that would improve the economy, but there are so many sites on Cork’s docklands which would be far more suitable. The brewery site is totally unsuitable.

"This area has historically been used for brewing, dating back to Celtic times. It is the oldest brewery in the country."

Mr Cassidy said the group plans to submit its appeal in the next few weeks and, in the event of failure at Bord Pleanála level, will bring a case to Europe.

Heineken Ireland completed the takeover of Beamish and Crawford in 2009. The brewery later closed with the loss of 120 jobs. The former counting house is a protected structure and conservation groups had hoped the site would be turned into a museum/visitor centre.

Irish Examiner

www.buckplanning.ie

Planners urged to factor in erosion issues

PLANNERS ARE not required to take climate change or coastal erosion into account when approving housing on the Atlantic seaboard, a study has found.

Preliminary findings of a case study on the Mayo coastline indicate that there are no guidelines or obligations on planners to ensure that coastal properties are protected from these risks.

The study, led by researchers from NUI Galway, is focusing on a 40km stretch of coastline from Carrowniskey, near Louisburgh, to Newport in Co Mayo.

The initial findings of the Atlantic Network for Coastal Risk Management (Ancorim) initiative, which also involves Mayo County Council and Údarás na Gaeltachta, were discussed late last month with European partners in Westport, Co Mayo.

Dr Kevin Lynch of NUIG’s Ryan Institute said that the 40km stretch was selected because of its geomorphological diversity.

The “microcosm of the Irish western seaboard” has open and sheltered bays, tidal flats, estuaries, dunes and urban areas along the relatively small geographic area.

“All of these features are prone to coastal erosion and to sea-level rise due to climate change, along with flooding,” Dr Lynch said.

“Planners have a lot of information now on flooding risks – due to recent experience and media focus – but climate change and coastal erosion are still seen as more abstract.

“National policies on both issues don’t seem to translate down to local level in county and town plans, with planners having very little information – and under no obligation either,” he said.

“Such plans are required to go out for consultation, but there has been loss of collective knowledge and expertise in departments and agencies at national level, due to staff movements.

“We examined a number of planning applications in our case study area,” Dr Lynch said.

“In one instance, a proposal to build a house was clearly risky, due to major flooding or sea-level rise and also erosion. The application was turned down, but not for any of these reasons – but because the applicant had not demonstrated social need,” he said.

The issue is particularly pressing given the proposals in the revise foreshore legislation to extend county council planning responsibility out to the 12-mile limit. Dr Lynch said that in many cases, local authorities did not have the resources now to hire consultants to assess complex planning applications for projects such as renewable energy.

The project has identified three key issues – erosion, water quality and planning. The €1.9 million initiative aims to “bridge the gap between climate change scientists and coastal zone decision-makers”.

Risks linked to climate change include not only flooding and coastal erosion, but also strong wind impact, water pollution and forest fires. Dr Lynch said the team was developing tools which aimed to facilitate planners in their job.

“The knowledge base and understanding is out there, but there is a need to connect up the information,” he said.

Prof Micheál Ó Cinnéide has urged planning authorities to have “due regard for risk in their decision-making” and says Ancorim is preparing an inventory of scientific resources and handbooks to facilitate this.

The Ancorim project is led by the southwest French region of Aquitaine and is supported by the EU’s Interreg programme.

A conference is planned for February 2012 to share three years of research in Ireland, France, Spain and Portugal.

Irish Times

www.buckplanning.ie

Galway Harbour Development Gets Go-Ahead for Planning Application

The proposed €200 million redevelopment of Galway Harbour has received approval to submit a planning application to An Bord Pleanála, according to Build.ie.

As reported previously on Afloat.ie, the Galway Harbour Company's €200 million scheme involves moving the port south onto 24 hectares of reclaimed land in deeper water to accommodate cruise liners, as well as a proposed rail link and marina expansion.

Following the public consultation earlier this year and subsequent discussions with An Bord Pleanála, the scheme has been deemed a 'strategic infrastructure development' and a planning application under this designation is expected to be lodged this month.

Build.ie

www.buckplanning.ie