12 December 2006

Environment

 EPA and An Bord Pleanála

Ciarán Cuffe asked the Minister for the Environment, Heritage and Local Government if he has satisfied himself with the level of co-operation on planning decisions and environmental impact assessments between the Environmental Protection Agency and An Bord Pleanála; and the discussions he has had with the European Commission on the issue since the Commission issued its reasoned opinion on the issue dated 25 July 2001.

Minister for the Environment, Heritage and Local Government (Mr. Roche): 

Minister for the Environment, Heritage and Local Government (Mr. Roche): I am satisfied that the co-operation between An Bord Pleanála and the Environmental Protection Agency (EPA) in relation to environmental impact assessments (EIA) is effective and, furthermore, is fully in accord with the provisions of the Environmental Impact Assessment (EIA) Directive (337/85/EEC).

The interface between An Bord Pleanála and the EPA has been developed and refined over the years and is now provided for in the Planning and Development Acts 2000 to 2006; the Environmental Protection Agency Acts 1992 to 2005; the Waste Management Acts 1996 to 2005: and in Regulations made under those Acts.

Essentially, planning authorities or An Bord Pleanála deal with the planning and land use aspects of development proposals which also require IPPC licensing, whereas the EPA deals with the environmental aspects of emissions from the carrying out of the activity. However, a planning authority or the Board may also refuse planning permission for a proposed development in any case where it considers that the development, notwithstanding the IPPC licensing of the activity, is unacceptable on environmental grounds.

As the Reasoned Opinion issued by the EU Commission may result in litigation before the European Court of Justice (ECJ), it would not be appropriate for me to disclose the content of any correspondence or discussion between the EU Commission and Ireland on this subject.