Planning and Development Act 2000

F957[European site that does not host priority habitat type or species.

177AB

F958[177AB. (1) (a) Where the Minister receives a statement of case under section 177AA(1) relating to a European site that does not host a priority habitat type or priority species, he or she shall as soon as possible F959[consider whether] the compensatory measures are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.

(b) F959[In considering under paragraph (a) whether the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected], the Minister may enter into consultations with the competent authority, who having consulted with the applicant for consent for the proposed development, may submit to the Minister a modified proposal for the development, modified proposed conditions to be attached to the proposed development or modified or alternative proposed compensatory measures.

(c) The Minister may enter into F960[] further consultations with the competent authority in relation to the proposal for the development or any modified proposal for the development, the proposed conditions or any modified proposed conditions to be attached to the proposed development and the F959[compensatory measures or any modified or alternative proposed compensatory measures].

F961[(2) Having considered the compensatory measures proposed by the competent authority, the Minister shall, as soon as possible—

(a) after consultations (if any) under paragraphs (b) and (c) of subsection (1), and

(b) after having considered modified or alternative proposed compensatory measures (if any) submitted under subsection (1)(b),

form an opinion as to whether the compensatory measures, or modified or alternative proposed compensatory measures, as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.]

(3) F961[Where the Minister forms the opinion that the compensatory measures, or modified or alternative proposed compensatory measures, as the case may be], are sufficient to ensure that the overall coherence of the Natura 2000 network is protected, the Minister F961[as soon as possible after forming the opinion], shall issue a notice to this effect to the competent authority and the competent authority may decide to grant consent for the proposed development with or without conditions.

(4) F961[Where the Minister forms the opinion that the compensatory measures, or modified or alternative proposed compensatory measures, as the case may be], are not sufficient to ensure that the overall coherence of the Natura 2000 network is protected, the Minister F961[as soon as possible after forming the opinion] shall issue a notice to this effect to the competent authority and the competent authority shall not grant consent for the proposed development.

(5) Where the Minister issues a notice under subsection (3) he or she shall inform the Commission of the matter, including the compensatory measures proposed.

(6) The competent authority shall make available for inspection by members of the public during office hours at the office of the authority, and may also publish on the internet a notice issued to the authority under subsection (3) or (4).]]

Annotations

Amendments:

F957

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.

F958

Substituted (21.09.2011) by Environment (Miscellaneous Provisions) Act 2011 (20/2011), s. 35, S. I. No. 474 of 2011.

F959

Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 10(a)(i), (ii), (iii)(II), S.I. No. 279 of 2021.

F960

Deleted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 10(a)(iii)((I), S.I. No. 279 of 2021.

F961

Substituted (14.06.2021) by Planning and Development, Heritage and Broadcasting (Amendment) Act 2021 (11/2021), s. 10(b)-(d), S.I. No. 279 of 2021.

Editorial Notes:

E376

Previous affecting provision: original version of section inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011; substituted as per F-note above.