Participation in the irish planning system

1998 Aarhus convention This is not only an environmental agreement. It is also a convention about government accountability, transparency and responsibility Each individual shall have ,[object Object],Authorities ,[object Object]

Access too judicial procedings

It has been ratified by the EU but not by Irelandhis Place Matters

his Place Matters Access to Information on the Environment directive 2003/4/EC Unsatisfactorily transposed to Irish Law by SI 133 of 2007 This provides a valuable tool when seeking information from local government depts Requests should refer to the EU directive. There is a preliminary review procedure if the relevant authority fails or refuses to provide information, followed by an appeal provision to the Commissioner for Environmental Information (18 Lower Leeson Street Dublin 2 with a fee of €150

his Place Matters EU Public Participation diretive 2003/35/EC This amendment to the Environmental Impact Assessment Directive 85/337/EEC regulates how we assess the environmental impact of development projects Article 10a provides for a review procedure against decisions on developments that may affect the environment It gives special status to environmental NGOs Procedures shall be fair, equitable, timely and not prohibitively expensive.

There are many constraints on participation but... The cultural context Intimidation. BUT... Council planners and Bord inspectors welcome submissions If a submission is rubbish it will not win an arguement Many developers applications are poorly presented and rely on publicly funded officials to do their work. We are protectors not protestors! Don’t worry about serial objectors. Worry about serial applicants his Place Matters

his Place Matters An Taisce’s prescribed status Provisions for referral of applications to An Taisce, in certain defined categories, is made under Article 28 of the 2001 Planing Regulations The categories include; special amenity areas, works that may affect a protected structure or Architectural Conservation Area or monument, works that may have a significant impact on nature conservation or heritage

Local Arrangements Where a local association has made arrangements with HQ, planning applications and any paper work will be sent directly to the Local Association otherwise Local Authorities send the info to HQ. All appeals and work on energy projects must be sent to HQ. An Taisce do not pay the usual €20 for submissions and pay only a half price(€110) for appeals It appears to vary from county to county but an Taisce submissions may not appear on the file. An Taisce has no view on this and are quite happy for submissions to be publically available Although not widely adopted, there is no time limit for An Taisce submissions which may be accepted at any time before a decision is made. The general time scale is 5 weeks his Place Matters

his Place Matters Essential Tools The 2000 Planning Act with new amendments and 2001/06 Regulations. No consolidated version is currently available Local development Plans National guidance documents and Government circulars. See www.environ.ie/en/Publications/DevelopmentandHousing/Planning/#.en.21023

When does a development need planning permission? All development needs permission unless it is exempt. Planning Act 2000 Section 4 sets out what is exempted development Planning Regulations 2001 and 2006 have detailed schedules If in doubt a section 5 (from the 2000 Act) query can be submitted. This must be submitted with a map and a fee or €80. This can be referred to an BordPleanala for €220 his Place Matters

The Public Notice Site notification must be displayed for 5 weeks in a place where it is likely to be seen. The Local authorities are supposed to check that the notice is there, but will assume all is well unless proof is submitted that it is not. If informed of a problem most Local Authorities will require the developer to readvertise. A second notice on the same site within x weeks requires the notice to be yellow Newspapers. These are not a reliable source as notices are deliberately frequently placed in little read papers Planning lists. You can ask to recieve weekly lists from the council by email but these can be a bit late Local Associations can arrange with HQ that notice of planning applications that fall within AnT’s prescribed status can be directed to the Local Association for their attention. This must be in cooperation with HQ Planning Unit and appeals must be notified in accordance with out planning protocols ie 2 days before submission. Appeals taken by HQ will be notified to the Local Association. There are frequently problems with the late arrival of planning applications his Place Matters

Procedure when applications are not referred to AnT by Local Authorities If An T becomes aware that a particular application warranting referral is not being referred within sufficient time, then the following procedure should be followed: If there is sufficient time within the 5 week period of the application, a letter should be sent to the Local Authority saying “this application warrants referral to An Taisce under Article 28, Planning and Development regulations 2000 because of its location in a site” And then go on to give the reason(s) why it should be referred under the relevant sub article of Article 28 e.g. Amenity, architectural heritage, archaeology, nature conservation or other And further wirite “we request that referral particulars be sent to us in sufficient time to allow response and comment under Article 29 (2) his Place Matters

If however there is insufficient time within the 5 week period for requesting and receiving and responding to a referral , the proper procidure for An Taisce is to state the reasons why the referral is warranted using the same from of wording as the previous letter about grounds for concern and conclude the letter by requesting acknoledgment under Article 28 (4): “ We request an acknowledgment to this submission under Article 28(4) of the Planning a d Development Regulations 2001” his Place Matters

Submissions are NOT objections but should set out concerns for planners to consider, including NOT ONLY where the participant believe the development is contrary to national or local plans BUT ALSO your personal concerns. What really bothers you? You may find out later that your concerns are actually covered by some guideline that you didnt know about and detailed local knowledge is an important part of what you can offer the process. his Place Matters

Remember that the submission will be public. Write with good manners. Know the planners will have many different pressures such as a natural desire to see development/progress in the area and particularly the inclusion of levies to the council. They will also be under political pressure (on behalf of the developer) to grant permission for everything. If the application is bad, then make the planners job easier by pointing out the problems his Place Matters

It is not necessary to submit a detailed legal document at this stage. Something brief and to the point is adequate and it may be more efficient to reserve energy for an appeal if one becomes necessary. If you learn about a development too late to prepare a detailed submission a simple one-line just before the deadline is sufficient to secure your right to appeal if you disagree with the local authority decision. It is not essential but may be helpful if you have political support for your submission and the Councillor can add his name to the file which requires that he be informed of decisions being made. his Place Matters

his Place Matters IMPORTANT Safeguard the formal letter acknowledging your submission as an appeal cannot be made without this. If more than two weeks pass after the sending of a letter, and the acknowledgment letter is not yet recieved, a request should be made to the local authority for this under Article 28 (4) Planning and Dev Regs 2001

his Place Matters Further information If the local authority asks the developer for further information (possibly relating to concerns raised in submissions, but more likely relating to queries from engineers or roads departments) a further submission can be made for free. If further infomration is advertised, new submissions can be made with a fee of €20, within 2 weeks of the notice This is useful to know if a deadline has been missed.

When further information is lodged on an application and this is referred to An Taisce for comment, enormous problems are arising because of the short time period being given for this. However failure to respond to a request for a comment on a further information submission does not in any way prejudice the position of An Taisce in the taking of an appeal on an eventual decision. Article 35 Planning and Dev Regs 2001, is badly drafted since it does not set out a time period in which the prescribed body or third party should be notified of further information and does not specify a minimum time period. In a dignificant number of cases, a request for comment on further information made by the Planning authorities has been issued too late for comment in the preparation of a Planners Report. his Place Matters

his Place Matters Appeals (section 127 of the planning act Once a decision is made you may see the full file including notes and minutes of any pre-planning meetings between the local authority and the developer. You may also see the planners report which will include a lot of detail you may not be aware of and may indicate whether an appeal is appropriate.

his Place Matters Timing is critical Appeals MUST be submitted within 4 weeks of the local authority decision. If not sure of the dates phone the Bord and check. Speak to the department dealing with your county. The appeal must include your name, the name and location of the developer the original acknowledgement of your submission to the local authority and a check for €220 (€110 for An Taisce)

If the appeal is in the name of two people, the Bord will send information to both, but if there are three or more appellants the Bord will only send info to the first named. Everyone included must attach their official acknowledgments (photocopies will not suffice) his Place Matters

his Place Matters Where applications are not referred to An Taisce Appeals under section 37 (4) (a) in Cases Where Applications were Not Referred to An Taisce Under Article 28, Planning and Dev Regs 2001 An Taisce has the provision to intervene in specific cases where an application ought to have been referred to AnT under Article 28 Planning & Dev Regs but was not. In making such an appeal, a clear headline should be provided at the top of the letter stating, An appeal statement must include a preliminary argument as to why the application warranted referral to AnT under Article 28 in the first instance.

At this stage it is ESSENTIAL to refer to legal requirements for developments as An BordPleanala can ONLY make decisions based on National Policy and guidelines, local development plans and EU directives. An BordPlaenala MAY NOT consider economic realities (the ‘market’ rules) or health matters ( the latter may be covered by permits and licences but that is a separate process which is often not open to appeal except through judicial review in the courts. his Place Matters

When considering any application with an EIS, compiance with the European Impact Assessment Directive, 85/337/EEC as ammended by 97/11/EC, is a preliminary requirement. This includes that the requirement to state full and detailed information so that applications which are outline in nature or deficient in information leaving issues to be resolved by later agreement or reports, do not comply with the Directive. Many permissions have conditions including that certain matters should be agreed with the local authority prior to the commencement of development. Where these might have an environmental impact this is contrary to the European Law. Irish Law on EIS is seriously deficient with regard to compliance with the EU Directive his Place Matters

Precedents set by An BordPleanála are valuable and a search of their records can be useful www.pleanala.ie Recent refusal from An BordPleanála for development that would spoil the visual amenit of a protected structure and landscape Recent refusal for out of town shopping centres The proposed development would detract from the townscape of Clane and result in an undesirable precedent for further such development which would be contrary to the proper planning and sustainable development of the area his Place Matters

e) the lack of certainty in respect of future capacity improvments to the Waste water treatment plant By reason of proximity and height adjacent to the site boundary to the north, seriously injure the residential amenity of occupants, by reasons of visual overbearing, and overshadowing his Place Matters

his Place Matters Sub threshhold sites Apart from the defined thresholds contained in the EU Directive as transposed into Irish Law on development size, which includes the requirement for an EIS, there are other areas where an EIS is required Neither the 1999 EIA regulations not EPA guidelines represent adequate transposition of the Directive and there are a wide number of “sub threshold” areas where an EIS would be required

This particularly applies where a developmetn affects a nature conservation area or an area of cultural heritage. Schedule 7 of the Planning &Dev Regs 2001 sets out some of the “criteria for determining whether a development would or would not be likely to have significant effects on the environment”. Additional consideration is rquired for development in or affecting SPCs or on Priority species affected by the Habitats Directive under the European communities (natural habitats) Regulations 1997, or where there are significant cultural heritage or other impacts. his Place Matters

Reviewing and Assessing Applicaiton containing an EIS In assessing an application with an EIS, the following checklist of requirements should be made Do the particulars adequately describe the development? Is there a proper assessment of the flora and fauna, inc all year round data to take into account nesting and breeding season Is there proper cultural heritage information on the site, including archaeology and building and structures

Is there information on landscape impact including proper photomontages of new development? Are all the environmental impacts properly considered, including traffic generation, construction materials requires for the development and waste generated by the development. Does the EIS adequately address the potential environmental problems generated by the development and suggest mitigation, e.g. Reducing its traffic impact or protecting sensitive parts of the site. If the EIS is deficient under any of the above headings the submission on the file should raise it as a concern

Roads An Tasice is a consultee under the aquisition of land provisions as part XIV Planning and Dev Act 2000. the functions formerly vested with the DoE under the Roads Act have been transferred to An BordPleanála for CPO enquiries for which AnT is a prescribed body under Article 82 (3) Planning and Dev Regs 2001 An T is seeking to take a strategic national view that the scale and extent of the roads programme under the NDP has not been justified. It is significantly in excess of the level of road investment proposed under the 1998 NRA National Roads Needs study, whcih was on its publication already redundant because of failure to address Kyoto and Green house gas abatement

Participation in the irish planning system

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