THE DEPARTMENT of Health failed to comply with an EU requirement for a strategic environmental assessment of the proposed national children’s hospital in Dublin, An Bord Pleanála has been told.
In a submission to the board’s oral hearing on the hospital, the Heritage Council said the department’s failure to carry out the assessment could be a “fatal legal flaw” in the planning process.
The council, a statutory body, said much of the conflict over the hospital’s proposed height and bulk resulted from this failure by the department to assess the environmental implications before deciding in May 2006 to go ahead with the €650 million project.
An Bord Pleanála is holding oral hearings into the plan to build the 16-storey hospital on a two-hectare site on the grounds of the Mater hospital. It is due to be completed in 2016.
The National Children’s Hospital Development Board says an environmental report on Dublin City Council’s 2008 Mountjoy/ Phibsboro local area plan, which covered the Mater site, was adequate to fulfil an EU directive’s requirement for a strategic environmental assessment.
However Colm Murray, the Heritage Council’s architecture officer, said the directive, which was transposed into Irish law in 2004, related to “all decisions in respect of plans and programmes that may have an environmental effect”, such as the proposed hospital.
It also required an examination of alternatives. “Without real alternatives, there is no scope for choice or judgment and the environmental impact process is pointless and flawed”, he said in a submission to the oral hearing. This could be “a fatal legal flaw in the decision-making process”.
The fact that an environmental report was done on the Mountjoy/ Phibsboro local area plan, published in March 2008, was insufficient, as “the prior decision of government [to locate the hospital on the Mater site] prevented the generation of alternatives”.
An Bord Pleanála’s minutes of pre-planning consultations with the applicants record them as saying the decision to locate the hospital on the Mater site “was based on medical policy more so than planning policy and [they] acknowledged that it could be a contentious matter”.
Mr Murray said the Heritage Council “is of the view that the integrity and authenticity of Dublin as a candidate [Unesco] World Heritage Site ought to be a major material consideration in this planning decision”, because the 16-storey hospital would have negative impacts.
He noted that conservation architect Paul Arnold had conceded that “the adverse impact on St George’s Church [in nearby Hardwicke Place] will be high” and there would also be “identifiable adverse impacts” on North Great George’s Street and O’Connell Street.
An Taisce, in its submission to An Bord Pleanála’s oral hearing, drew attention to two alternatives that were not considered – a €102 million expansion plan for Our Lady’s Children’s Hospital in Crumlin and a publicly owned site between St James’s Hospital and Heuston Station. The latter site, it said, “offers more than double the footprint compared to the existing proposal” and was also “substantially co-located with a major adult teaching hospital, requiring only a 90m link to St James’s” as well as adequate space for expansion.
Lawyer James Nix, who appeared for An Taisce, also argued there was a failure to observe the EU’s strategic environmental assessment directive (SEA) and this “continues to the present day”, with the decision to opt for the Mater site “taken as a fait accompli” in the Mountjoy/Phibsboro local area plan.
“In effect, the failure to meet the SEA begins in 2006 and persists into the arms of An Bord Pleanála,” Mr Nix said. “Indeed, looking at what took place over these five years, the decision-making process is compromised by the very mischief that the SEA directive seeks to avoid.
“By failing to ascertain and study alternatives, we witness an unshakeable faith that the decision must be right in the first place. This cannot be the process, and is indeed the last thing the framers and those adopting the [SEA] directive . . . intended.”
Irish Times
www.bpsplanningconsultants.ie
Showing posts with label strategic environmental assessment. Show all posts
Showing posts with label strategic environmental assessment. Show all posts
Sunday, 6 November 2011
Wednesday, 27 June 2007
EU study to put brakes on super-jail
CONSTRUCTION of a super prison in north Dublin could be delayed because the EU Commission wants a detailed assessment conducted on the impact it would have on the environment and local community.
If the Government is forced to carry out an Environmental Impact Assessment (EIA), as required by EU law, it could delay construction of the jail by a year - and could sound the death knell for the ambitious plans.
There was confusion last night among the state agencies involved in the prison development as to what was required to meet EU rules.
The Departments of Justice and Environment, and the Irish Prison Service, disagreed on what measures were needed to carry out a full investigation of the site and satisfy the EU.
Fine Gael Justice spokesman Jim O'Keeffe said Justice Minister Brian Lenihan needed to clarify the position.
"The whole situation seems mired in confusion," he said. "I've been worried about this from the beginning, and I don't want this compounded by total bureaucratic confusion and possibly the courts. They need to clarify the position," he said. An EIA measures the impact major developments have on roads, wildlife, water and the local community.
The lengthy study can take up to a year and it could find that the proposed site is unsuitable. If so, the project might have to be scrapped.
Paul Melia
Irish Independent
If the Government is forced to carry out an Environmental Impact Assessment (EIA), as required by EU law, it could delay construction of the jail by a year - and could sound the death knell for the ambitious plans.
There was confusion last night among the state agencies involved in the prison development as to what was required to meet EU rules.
The Departments of Justice and Environment, and the Irish Prison Service, disagreed on what measures were needed to carry out a full investigation of the site and satisfy the EU.
Fine Gael Justice spokesman Jim O'Keeffe said Justice Minister Brian Lenihan needed to clarify the position.
"The whole situation seems mired in confusion," he said. "I've been worried about this from the beginning, and I don't want this compounded by total bureaucratic confusion and possibly the courts. They need to clarify the position," he said. An EIA measures the impact major developments have on roads, wildlife, water and the local community.
The lengthy study can take up to a year and it could find that the proposed site is unsuitable. If so, the project might have to be scrapped.
Paul Melia
Irish Independent
Tuesday, 26 June 2007
Rezone plans put on hold by officials
MOVES by politicians to rezone large tracts of land for housing near Adare are still on hold following the intervention of Limerick County Council planners.
The elected members of the council who have the power to rezone land favour opening up more sites near the village for housing.
However, the council officials ordered a Strategic Environmental Assessment (SEA) fearing over-development could environmentally damage the picture postcard heritage village.
One prized half-acre site was sold last year near the village for €1.3 million.
Auctioneers say an acre located within 10 minutes walk of the village would be worth up to €1m — twice the going rate in adjoining villages.
Councillor Richard Butler who along with other local councils favours rezoning said: “If you starve a community of development land, you will increase the price of it. The council are creating an expensive market which it should not be. Locals are being blown out of the market.
“Even 12 of the local hurling team have to live outside Adare. Young couples form Adare have to move to places such as Newcastle West as they can’t get sites and due to the lack of housing land houses are too expensive when they do come on the market. We are supporting the rezoning of three separate parcels of land.”
He said the council planners were using the SEA as “a stalling mechanism”.
The elected members have an agreement if representatives from one electoral area back a rezoning proposal, all the other councillors support the proposal.
Among those eager to cash in on local land values is the GAA club.
The club has applied to the council to have its five acre playing ground re-zoned for housing.
The plan is to sell it off and use the money to build a bigger facility further out.
Due to increased membership the club says it has a space crisis in its present location.
Limerick County Council planners do not want to see the population of Adare — at 1,300 — rise beyond 3,000 so that the village does not lose its traditional character.
At present the council owns 20 aces of undeveloped land in Adare and does not want any new rezoning to go beyond 75 acres.
The elected members will not be able to press ahead with their proposals until the Strategic Environmental Assessment is finalised and submitted to County Hall for consideration.
Irish Examiner
The elected members of the council who have the power to rezone land favour opening up more sites near the village for housing.
However, the council officials ordered a Strategic Environmental Assessment (SEA) fearing over-development could environmentally damage the picture postcard heritage village.
One prized half-acre site was sold last year near the village for €1.3 million.
Auctioneers say an acre located within 10 minutes walk of the village would be worth up to €1m — twice the going rate in adjoining villages.
Councillor Richard Butler who along with other local councils favours rezoning said: “If you starve a community of development land, you will increase the price of it. The council are creating an expensive market which it should not be. Locals are being blown out of the market.
“Even 12 of the local hurling team have to live outside Adare. Young couples form Adare have to move to places such as Newcastle West as they can’t get sites and due to the lack of housing land houses are too expensive when they do come on the market. We are supporting the rezoning of three separate parcels of land.”
He said the council planners were using the SEA as “a stalling mechanism”.
The elected members have an agreement if representatives from one electoral area back a rezoning proposal, all the other councillors support the proposal.
Among those eager to cash in on local land values is the GAA club.
The club has applied to the council to have its five acre playing ground re-zoned for housing.
The plan is to sell it off and use the money to build a bigger facility further out.
Due to increased membership the club says it has a space crisis in its present location.
Limerick County Council planners do not want to see the population of Adare — at 1,300 — rise beyond 3,000 so that the village does not lose its traditional character.
At present the council owns 20 aces of undeveloped land in Adare and does not want any new rezoning to go beyond 75 acres.
The elected members will not be able to press ahead with their proposals until the Strategic Environmental Assessment is finalised and submitted to County Hall for consideration.
Irish Examiner
Friday, 22 June 2007
SEA needed for decision on Fingal sewage plant: council
FINGAL County Council is not pre-empting in any way the outcome of the Strategic Environmental Assessment (SEA) of the GDSDS strategy, which includes a proposal to build a regional sewage plant at Portrane.
The local authority council has also said it will not attempt to make any decisions about the recommendations within the Greater Dublin Strategic Drainage Study, before the full SEA is published.
Last week, campaign group Fairshare said it was getting indications that Fingal County Council might be prepared to cut a deal with the community on the controversial proposal.
Fairshare claimed that in return for dropping the proposed plant, the council was lining up to propose that Portrane take an outfall pipe linked up to a 22km orbital sewer. However, the council has said the assembly of the SEA is a statutory process which will require at least two distinct phases of open public consultation.
‘The SEA process is still ongoing and cannot be interfered with, nor would we wish to do so,’ said a council spokeswoman.‘We are therefore waiting for the outcome of the independent assessment in the SEA before we examine the options for treating wastewater in the region, that may arise from its findings.’
Fairshare’s Neil Dempsey said the group is against the orbital sewer.
© Fingal Independent
The local authority council has also said it will not attempt to make any decisions about the recommendations within the Greater Dublin Strategic Drainage Study, before the full SEA is published.
Last week, campaign group Fairshare said it was getting indications that Fingal County Council might be prepared to cut a deal with the community on the controversial proposal.
Fairshare claimed that in return for dropping the proposed plant, the council was lining up to propose that Portrane take an outfall pipe linked up to a 22km orbital sewer. However, the council has said the assembly of the SEA is a statutory process which will require at least two distinct phases of open public consultation.
‘The SEA process is still ongoing and cannot be interfered with, nor would we wish to do so,’ said a council spokeswoman.‘We are therefore waiting for the outcome of the independent assessment in the SEA before we examine the options for treating wastewater in the region, that may arise from its findings.’
Fairshare’s Neil Dempsey said the group is against the orbital sewer.
© Fingal Independent
Monday, 21 May 2007
Strategic Environmental Assessment of Porcupine Basin begins
The Minister for Communications, Marine & Natural Resources, Noel Dempsey, has announced the commencement of a Strategic Environmental Assessment (SEA) of the Porcupine Basin area.
The comprehensive environmental assessment is being held prior to an exploration licensing round later this year, in which applications will be invited for licences to explore the potential of the Porcupine area.
The SEA will primarily involve the gathering and analysis of a wide range of data on the Porcupine area. It will assess the projected level of activity arising from any potential exploration in the area and consider measures to ensure that any effects of exploration on the marine environment are minimal.
External environmental experts ERT (Scotland) and AquaFact (Ireland) have been appointed to conduct the assessment, which will be managed by a technical Steering Group. The Steering Group has membership drawn from Governmental and non-governmental agencies, environmental agencies, industry and the research and university sectors. The Steering Group will publish a draft environmental report.
A six-week public consultation process will then take place, after which a final report will be published - taking account of the issues raised during the public consultation phase.
The comprehensive environmental assessment is being held prior to an exploration licensing round later this year, in which applications will be invited for licences to explore the potential of the Porcupine area.
The SEA will primarily involve the gathering and analysis of a wide range of data on the Porcupine area. It will assess the projected level of activity arising from any potential exploration in the area and consider measures to ensure that any effects of exploration on the marine environment are minimal.
External environmental experts ERT (Scotland) and AquaFact (Ireland) have been appointed to conduct the assessment, which will be managed by a technical Steering Group. The Steering Group has membership drawn from Governmental and non-governmental agencies, environmental agencies, industry and the research and university sectors. The Steering Group will publish a draft environmental report.
A six-week public consultation process will then take place, after which a final report will be published - taking account of the issues raised during the public consultation phase.
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