Friends' Work

// CALL FOR PLANNING LAW IMPLEMENTATION

One year on 28 Sections of Planning Act still not commenced
31 July 2011

Key provisions of the Planning Act 2009, which was passed by the Dail and signed into law by the President on 26 July, 2010, have still not been given the force of law a year later.

28 Sections or parts of sections of the act have not been commenced.

Three critical measures are still not yet in place.

The first is the commitment to end the ‘retention culture' given to European Commission after a Judgment against Ireland by the European Court of Justice in 2008, particularly in relation to unauthorised quarries.

The arrangements for addressing this situation though ‘substitute consent' procedures have not been implemented.

The second is to ensure that any projects that are undertaken which require an environmental impact assessment can not under any circumstances be exempt from planning control.

The third critical measure still not in place is the closing of the loopholes whereby quarries and industrial peat extractions which have continued for more than 7 years are immune from prosecution.

This provision has long been sought by Local Authorities to control not only rogue quarries but the wide spread industrial peat extraction by private operators for the horticultural trade. This loophole is seen as the biggest single barrier to development control.

A year after approval by the Oireachtas, Minister Hogan is the third holder of his office who for want of a single stroke of a pen has failed to bring in these provisions. The recently approved Environment (Miscellaneous Provisions) Act will reinforce these issues, but it too must be commenced.

Further information: Tony Lowes 027 74771 / 087 2176316

Last letter to the Minister
http://www.friendsoftheirishenvironment.net/friendswork/index.php?do=friendswork&action=view&id=890