An Taisce is a Prescribed Body under a range of headings under the Planning and Development Regulations 2001. The function of a Prescribed Body is to consider and make comment on applications that have the potential to impact on a particular interest area of the Prescribed Body. An Taisce is one of range of Prescribed Bodies within the legislation that have a special interests or remit to protect, for example tourism amenity (Failte Ireland), the Irish language (Udaras na Gaeltachta), marine resources (Regional Fisheries Board), or public health (appropriate Health Board).

The legislation requires that Local Authorities must refer all applications that fall within the remit of a particular Prescribed Body to the Prescribed Body as soon as the application is received by the Local Authority.

CATEGORIES OF DEVELOPMENT WITHIN AN TAISCE’S PRESCRIBED BODY ROLE

Article 28 (1) of the Planning & Development Regulations 2001 sets out the range of development contexts for which Local Authorities are obliged to refer to applications to An Taisce for review and comment. These are summarised as follows:

• Article 28(1)(a) Amenity where ‘the land or structure is located in an area of Special Amenity’
  This provision applies to any amenity designation in a Local Authority Development Plan, e.g. area of primary special amenity or any scenic route.
• Article 28(1)(c)(i) Protected Structure and Architectural Conservation Areas and  proposed Protected Structures or architectural conservation areas    This is provision applies to all buildings or structures listed in the relevant Local Authority’s Record of Protected Structures or Proposed Record of Protected Structures (which would therefore include listings in a Draft Development Plan), Architectural Conservations Areas or Proposed Architectural Conservation Areas, including any proposed variation to Development Plans which would relate to architectural conservation areas.
• Article 28(1)(c ) (ii) a development which, ‘might detract from the appearance of a structure referred to in sub-paragraph (i)’.
  This refers to a development that might be adjacent to or affect the visual setting of the previous category.
• Article 28 (1)(c) (iii)(I) Development that might affect or be unduly close to ‘a cave, site, feature or other object of archaeological, geological, scientific, ecological or historical interest.’
  Developments adjacent to, or in the vicinity of, the above listed sites which are of particular heritage interest.
•  Article 28 (1) (c)(iii) (II), (III), (IV)  This provides for referral of development which ‘might affect or be unduly close to monuments or places recorded under the National Monuments Act 1994 or 1997, or are protected or are under ownership or guardianship under the National Monuments Acts 1930 – 1994.
  Applications that are either in or adjacent to sites scheduled on the Department of the Environment, Heritage and Local Government records of Monuments and Places Map.  In urban areas, it applies to all development involving foundation disturbance in the archaeological control zone.
•  Article (28) (1) (c) (iv) Development affecting previous categories of development under Article 28 (1) (c) (iii)
  Applications for development which ‘might obstruct any scheme for improvement of the surroundings or of any means of access to any structure, place, feature or object referred to in sub-paragraph (iii) – developments which may the access or visual setting of the site’.
• Article 28 (1)(m) Nature Conservation
  Applications for development that ‘might have significant effects in relation to nature conservation’ – examples include development within or adjacent to a Natural Heritage Area, Special Protection Area for Birds or Candidate Special Area of Conservation.  Also included in this category are applications with the potential to affect a watercourse running into one of the above designated areas and those that could affect a site containing priority species under the Habitats Directive.

Developments that have the potential to impact on water courses and pose a risk to water pollution should also be referred to An Taisce under the ecological heading under Article 28 (1)(c)(iii)(I).