Review of planning in nature conservation sites

New research highlights flawed planning procedures in respect of nature conservation legal codes and commitments

An in depth review has been compiled by An Taisce of the degree to which nature conservation sites are considered in the planning process.  Applications for planning consent in Special Areas of Conservation were examined for 6 counties covering 2003-2006.  The findings demonstrate that key processes need to be strengthened for the conservation of protected species and habitats within these sites (also called Natura 2000 sites): referrals to prescribed bodies, the completion of appropriate assessments, and improved performance of planning authorities and the Department of the Environment in fulfilling Article 6 obligations.

Key Recommendations:

Local Authorities need to systematically refer all planning applications in designated nature conservation sites to prescribed bodies.  On average, only 74% of the planning applications in Natura 2000 sites were referred to National Parks and Wildlife Service; response rate of NPW is as low as 22% and at best 53%. NPW should be obliged to respond to referrals, and resourced accordingly.  Also, in line with Article 6, Ecological assessments should be requested and carried out before a decision is taken by the Planning Authority.  The Department of the Environment needs to instigate a monitoring and enforcement role ensuring improved compliance with Article 6 of the habitats Directive. 

In contravention of Article 6 of the Habitats Directive, environmental assessments are not carried out for applications in conservation sites (on average 9% of the planning applications were accompanied by an environmental assessment).    There is no measure of the cumulative impacts of planning consents granted, an issue highlighted in the December 2007 ruling  of the European Court of Justice against Ireland.  To address this cumulative issue, ‘Natura 2000 site Reports’ should be published by NPW to document and assess all development pressures within sites. 

Local Authority planning departments need assistance from the DoE in training and capacity building to integrate Article 6 requirements in to the planning process. 

This suite of related procedural shortfalls requires tackling through greater integration of nature conservation requirements in to existing planning and referral processes, both Local Authority planning procedures and NPW regional and central units. 

To read the executive Summary of this report click here

To download the full report click here