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  • New planning regulations were signed into law at the end of November which reflect the European Court of Justice ruling (Case C–50/09) that Irish did not adequately transpose Article 3 of the Directive which makes the competent authority responsible for carrying out an environmental impact assessment. 

    The net effect is that there is now greater onus on the planning authority to be responsible for the quality of an EIA.  The regulations give the planning authority the tools to seek higher quality requirements from applicants.  Whilst this has occurred in practice the law now firmly confirms that it is the planning authority who is responsible for EIA, not the applicant/developer.

    Published on November 30, 2012 By:David Mulcahy · Filed under: Planning Legislation; Tagged as: , ,
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  • Planning and Development (Amendment) (No. 2) Regulations 2011

    These Regulations came into effect on 8th September, 2011 and deal mainly with the ECJ judgement which necessitated a reduction in the thresholds for mandatory EISs and for EIS screening for certain categories of agriculture-related projects. Specifically the Regulations:

    • Reduce the exempted development threshold for the drainage of wetlands from 20ha to 0.1ha;
    • Reduce the threshold for mandatory EIA of drainage and/or reclamation of wetlands from 20ha to 2ha; and
    • Exempt other land reclamation activities from the planning permission.

    The Regulations also introduced other amendments to the exempted development provisions as follows:

    •        To limit the provision of a hard surface in front/side garden to less than 25m2 or less than 50% of the front garden/side garden, whichever is the smaller. If larger than these thresholds, then it shall be constructed using permeable materials to allow rainwater to soak to the ground;
    •        To allow a single portable (e.g. “pay to use”) waste disposal compactor, where it is located within the curtilage of a business premises, shall not exceed 10m3, or within 50m of the curtilage of any house except where consent from the owner is given in writing; Read the rest of this entry »

    Published on November 25, 2011 By:David Mulcahy · Filed under: Planning Legislation, Rural Planning; Tagged as:
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