Natura Impact Assessment
Natura Site Impact
A Natura site is on covered under the habitats and wildlife directives which provide for special areas of conservation (habitats) and special protection areas (birds). They are described in the Irish legislation as European sites.
Development which directly or indirectly affects a Natura / European site (or, in some cases, a proposed site) is subject to special controls and limitations. Where a plan or project, although not directly connected with a special area of conservation or special protection area or its management, would be likely to have a significant effect on it either by itself or cumulatively, an appropriate assessment must be undertaken.
The application for planning permission must, where applicable, include a Natura impact statement. The Natura impact statement must be prepared by a competent person setting out the implications of the development on that site where applicable. It must include a scientific examination of evidence and data and identify possible implications for the Natura site.
An appropriate assessment of the development and other similar plans and strategic planning requirements is required. An environmental impact assessment may be an appropriate assessment.
The proposal may be permitted only if it does not adversely affect the integrity of the site.
Screening for Assessment
A planning authority or An Bord Pleanala is to undertake screening before development consent can be given. The authority must consider if an appropriate assessment is required. This screening is to be based on information objectively available and take account of the project and its effects when combined with other plans and developments.
It must do so unless it can be excluded based on objective information that the proposal will not have a significant effect on a European site. If it cannot be excluded on the basis of the best scientific knowledge that the project may have significant effects on a Natura site, it must be subject to appropriate assessment.
Generally, the authority may grant consent only having decided first that the proposal for development will not adversely affect the integrity of the European site. There is an exception where development is justified for reasons of overriding public interest. In this case, a public consultation procedure must be undertaken. In some cases, the Minister (for the Environment, et cetera) must be advised as to why he should request an opinion from the European Commission.
There is a requirement for screening and appropriate assessment for development carried out by state and local authorities and for private development.
Planning Decision
Where an appropriate assessment is required, the planning or other authority may not grant permission unless it decides that the integrity of the relevant Natura (European site) site will not be adversely affected. The conservation objectives of the natural heritage area and the integrity of the site must be considered in the application.
An exception is only permissible where in the absence of alternative solutions, compelling reasons of overriding public interest apply.
They must be set out, and there must be compensatory measures. If priority habitat and species are involved, the sole grounds on which the imperative reasons of overriding public interest may be relied on is where the EU Commission give an appropriate opinion, or the grounds relate to health and safety.
There is no provision for retention permission where there has been a failure to carry out an appropriate assessment or screening in respect thereof. The planning authority must refuse the application and return it.
Non-Planning Consents
Where the particular works require planning permission or another consent such as an air pollution licence, water pollution licence, waste management licence or integrated pollution control licence, the control applies via this licensing. An environmental impact assessment report and environmental impact statement may be required where the development may have significant effects on the environment of the site concerned.
If the development is not directly related to a site (a special protection area, a special area of conservation, proposed special area of conservation) but may have effects on it either by itself or together with other development, an appropriate assessment is required of the implications for the particular site concerned, having regard to its conservation objectives.
Assessment
The body considering the application for such licence or permission must carry out an appropriate assessment of the activity/ works/ use proposed on the European Site. The body granting the permission or licence must have regard to the assessment.
The body may approve the proposed development (etc) only if it is satisfied and if it has ascertained that it will not adversely affect the integrity of the site concerned. Conditions may be imposed and applied to ensure that this is the case.
If the assessment is negative, but there are no alternatives, consent or permission may nonetheless be granted where the development is required for imperative reasons of overriding public interest, including reasons of a social or economic nature.
Where the site includes a priority natural habitat type or priority species, overriding public interest must be related to
- human health
- safety of the public
- beneficial consequences of primary importance to the environment or
- reasons permitted by the European Commission pursuant to a notification.
Where the operation or activity is being carried out and is likely to have significant effects on the site either by itself or cumulatively with other operations, the Minister must ensure that an appropriate assessment of the implications of the site is undertaken. If it is found that it will have adverse effects on the integrity of the site, an application may be taken to the Circuit Court or High Court for a summary order prohibiting the continuation of the activity.
Compensation
Compensation may be payable by the Minister if consent is refused. This is to compensate for the difference between the prior value of the land and the subsequent value of the land having regard to the prohibition. The claim must be made within six months of the decision or revocation of a consent
Compensation is not payable where the operation activity would adversely affect
- specific habitat types listed in Annex 1 of the habitats directive
- one or more species of other habitats in Annex 2 of the directive or
- one or more species of bird or their habitat mentioned in the birds directive
- the integrity of a European Site
except where the use concerned is one to which land was lawfully put within the previos five years and must be discontinued or limited. There is discretion as to payment of compensation where it would be unjust and unreasonable not to pay compensation.
Natural Heritage Area
Natural heritage areas are areas which, on scientific evidence are considered worthy of conservation by virtue of their special scientific interest for one or more species, habitats, landforms, geological or geomorphological features or the diversity of natural attributes. Notice of the order is published in a newspaper, and notice is served on the owners or occupiers. Representations are considered before an order is made.
The effect of a natural heritage area order is that persons may not, without planning permission, carry out work specified unless the owner or occupiers give notice in writing of the works and the Minister has either consented or not refused its consent within six months of notice being given. The notice must specify the nature of the works and lands concerned. If the works are being undertaken other than by the owner, that person must obtain the permission of the landowner and the Minister to do the works.
If consent is refused to activity or works in a natural heritage area, the owner may be entitled to compensation in respect of the loss suffered. This is the difference between the prior value and the subsequent value of the land.
Compensation does not apply where the works would significantly adversely affect the site species communities or habitats or have a significant impact on it unless the refusal involves the discontinuance or restriction of use to which land has been put within the previous five years.
Enforcement
The Minister may apply to the Circuit Court or the High Court to prohibit doing that which may destroy, damage or interfere with the integrity of the features of the natural heritage area. The prohibition may extend to works outside the natural heritage area which may have an adverse effect on the integrity of the area.
Works in this context are any activity which destroys, alters, damages, or adversity affects the integrity of the site or any of its species communities or habitats or any activity which has a significant effect on the site or any species communities or habitats landforms geological or geomorphological features or the diversity of natural attributes.
Rights of Way
The Minister may create rights-of-way or permit persons, the public of part of the public, to pass or repass over the land specified. Where an order is proposed, the Minister must appoint a person as an arbitrator to hear the matter. Any person having an interest in land specified creating public right-of-way is to be paid compensation in respect of the diminution in value of his land.