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Key Aspects of Plan Assessment in Ireland: Legal Framework and Implementation Challenges

This document provides an overview of the legal framework for assessing land use plans in Ireland, focusing on the current legislation and challenges related to appropriate assessment. It discusses the European Communities (Natural Habitats) Regulations, 1997, and the Wildlife Act, 1976, as well as upcoming regulatory changes. The hierarchy of plans, consultation requirements, and the roles of relevant authorities are detailed, along with statistics on plan assessments. The absence of a statutory appeals procedure and insights from judicial reviews, including a case study on the Adare Local Area Plan, are also analyzed.

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Key Aspects of Plan Assessment in Ireland: Legal Framework and Implementation Challenges

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  1. Appropriate assessment of plans:Experience in Ireland Dr Julie Fossitt National Parks and Wildlife Service 1st October, 2009

  2. Legal context Currently no explicit legal requirement for AA of plans C-148/04: Commission vs Ireland (13 December 2007) Birds Directive case - inadequate transposition and application of Article 6 … national legislation does not contain any provisions designed to ensure that plans, as opposed to projects, are assessed in accordance with Article 6(3) and 6(4) Interim measure Circular Letter SEA 1/08 & NPWS 1/08 – Appropriate Assessment of Land Use Plans Issued to local authorities on 15 February 2008 Available from: www.npws.ie - go to Publications

  3. Legal context Habitats Directive transposed through: European Communities (Natural Habitats) Regulations, 1997 (as amended) Also enact Birds Directive Principal Act – Wildlife Act, 1976 *New Habitats Regulations – in preparation **New Planning Bill – amending the Planning and Development Act, 2000

  4. Plan hierarchy • National Spatial Strategy • Regional Planning Guidelines • 8 regional authorities • 12-20 year plans • Development Plans • 88 planning authorities • Counties, cities, large towns • 6 year plans • Strategic Development Zones • Local Area Plans • [Variations to plans / guidelines] • Strategic frameworks • Landuse zoning

  5. Plans • Regional planning guidelines • Long-term strategic planning framework for development of region • Development plans or Local Area Plans • Overall strategy or framework for proper planning and sustainable development of plan area • Written statements with development objectives and policies • including for conservation and protection of European (Natura 2000) sites • Lower level plans must be consistent with higher level plans, policies and strategies • Must contain information on the likely significant effects on the environment of implementing the guidelines or plan • Consultation with prescribed bodies obligatory

  6. Structures • Department of Environment, Heritage and Local Government • Spatial Policy / Planning sections • - Local and regional authority plans • - Policy and guidance on plans and planning • National Parks and Wildlife Service • - Primary responsibility for implementing the Habitats and Birds Directives • - Statutory consultee on all plans • EPA (Environmental Protection Agency) • SEA • All plans and programmes

  7. Statistics No figures currently available for the numbers and findings of AA of plans EPA [numbers of Environmental Reports for plans/programmes] 2008 68 2009 17 (to Sept) DoEHLG – Spatial Policy [total number of plans received] 2008 166 2009 109 (to Sept) DoEHLG – DAU [Data not currently extractable]

  8. Appeals No statutory procedure for appealing plan adoption Minister can issue directions on Development Plans Mainly to correct problems Counties – Laois, Monaghan, Mayo Towns – Ennis, Castlebar [Directions to date not specifically related to AA]

  9. Judicial Review • Figures for the numbers of judicial reviews of plans not readily available • Judgements mainly made on procedural matters rather than on planning or environmental merits • Adare Local Area Plan (LAP) • Taken by landowners wanting zoning of their lands • Final LAP presented to elected members excluding zonings • Resolution passed, adopting plan but including zoning as modification • Resolution declared invalid by County Manager • Recommended adoption of unmodified final LAP • High Court found in favour of County Manager

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