Planning and Development Act 2024
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Imperative reasons of overriding public interest (no priority habitat or priority species) | ||
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206. (1) In this section “relevant plan” means a proposed plan in respect of which the competent authority has made a determination under paragraph (a) of subsection (6) of section 205 relating to a European site that does not host a priority habitat or priority species. | ||
(2) Where, in relation to a relevant plan, a competent authority (other than the Minister) considers that— | ||
(a) there is an absence of alternative solutions to the relevant plan, | ||
(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and | ||
(c) the compensatory measures proposed by it are adequate to ensure that the overall coherence of the Natura 2000 network is protected, | ||
the competent authority may prepare, and submit to the Minister, a statement to that effect. | ||
(3) Where, in relation to a relevant plan, the competent authority is the Minister and he or she considers that— | ||
(a) there is an absence of alternative solutions to the relevant plan, | ||
(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and | ||
(c) the compensatory measures proposed by it are adequate to ensure that the overall coherence of the Natura 2000 network is protected, | ||
he or she shall prepare a statement to that effect. | ||
(4) A statement under subsection (2) or (3) shall— | ||
(a) specify the determination made under subsection (6) of section 205 , | ||
(b) specify the considerations that caused the competent authority to make the determination under subsection (6) of section 205 that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site, | ||
(c) specify the reasons for which the competent authority considers that there are no alternative solutions to the making of the relevant plan, | ||
(d) specify the imperative reasons of overriding public interest (which may include reasons of a social or economic nature) that the competent authority considers exist for the making of the relevant plan, | ||
(e) specify the compensatory measures that the competent authority proposes, | ||
(f) state that the competent authority is satisfied that those proposed compensatory measures are adequate to ensure that the overall coherence of the Natura 2000 network is protected, and | ||
(g) include such other information (if any) as the competent authority considers to be of relevance. | ||
(5) A statement submitted to the Minister under subsection (2) shall be accompanied by— | ||
(a) a copy of the relevant plan, and | ||
(b) the Natura impact report in respect of the relevant plan. | ||
(6) (a) The Office may, where it makes a recommendation to the Minister that he or she issue a direction, prepare and submit to the Minister a statement under subsection (2) in relation to the proposed direction. | ||
(b) The Minister may, where he or she receives a recommendation referred to in paragraph (a), prepare a statement under subsection (3). | ||
(c) In this subsection “direction” means— | ||
(i) a direction in respect of a regional spatial and economic strategy as provided for in section 40 , | ||
(ii) a direction in respect of a development plan as provided for in section 65 , or | ||
(iii) a direction in respect of an urban area plan, priority area plan or coordinated area plan as provided for in section 80 . | ||
(7) Where the Minister receives a statement submitted under subsection (2) or prepares a statement under subsection (3), he or she shall— | ||
(a) publish the statement on an internet website maintained by him or her or on his or her behalf, | ||
(b) publish a notice on that internet website— | ||
(i) inviting members of the public to make submissions to the Minister in relation to the statement, and | ||
(ii) specifying the period during which, and the manner in which, such submissions may be made, | ||
(c) in the case of a statement submitted to him or her under subsection (2), direct the competent authority to— | ||
(i) publish a copy of the statement and the notice referred to in paragraph (b) on an internet website maintained by it or on its behalf, and | ||
(ii) send a copy of the statement to— | ||
(I) any person who made a submission to the competent authority pursuant to an invitation in a notice under subsection (1) of section 204 or an invitation under subsection (2) of that section, or in the course of a consultation under subsection (2) of section 205 , and | ||
(II) such other persons (if any) as may be prescribed, | ||
and invite each such person to make a submission to the Minister in relation to the statement within the period, and in the manner, specified in accordance with subparagraph (ii) of paragraph (b), | ||
and | ||
(d) in the case of a statement prepared under subsection (3)— | ||
(i) send a copy of the statement to— | ||
(I) any person who made a submission to the competent authority pursuant to an invitation in a notice under subsection (1) of section 204 or an invitation under subsection (2) of that section, or in the course of a consultation under subsection (2) of section 205 , and | ||
(II) such other persons (if any) as may be prescribed, | ||
and invite each such person to make a submission to the Minister in relation to the statement within the period, and in the manner, specified in accordance with subparagraph (ii) of paragraph (b), and | ||
(ii) consult the Office in relation to the statement. | ||
(8) The Minister may, for the purpose of performing his or her functions under subsection (9), consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government. | ||
(9) The Minister shall, after having considered a statement submitted under subsection (2) or a statement prepared by him or her under subsection (3) and after having taken account of any submissions in relation to such statement received pursuant to an invitation under subsection (7), come to a conclusion in relation to the relevant plan as to whether or not— | ||
(a) there is an absence of alternative solutions to the relevant plan, | ||
(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and | ||
(c) the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected. | ||
(10) Where a statement was submitted to the Minister under subsection (2), the Minister shall give notice of his or her conclusion under subsection (9) to the competent authority that submitted the statement. | ||
(11) A relevant plan shall not be made under Part 3 unless the Minister has come to a conclusion under subsection (9) that— | ||
(a) there is an absence of alternative solutions to the relevant plan, | ||
(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and | ||
(c) the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected. | ||
(12) Where a relevant plan is necessary in order to enable— | ||
(a) the construction or operation of plants producing energy from renewable sources, | ||
(b) the storage of energy produced by such plants, or | ||
(c) the connection of such plants to electricity, gas or heat grids, | ||
imperative reasons of overriding public interest shall, in accordance with Article 16f of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 201816 on the promotion of the use of energy from renewable sources laying down a framework to accelerate the deployment of renewable energy, be deemed to exist in relation to the relevant plan. | ||
(13) If a plan is made consequent upon the Minister’s coming to a conclusion under subsection (9) that— | ||
(a) there is an absence of alternative solutions to the relevant plan, | ||
(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and | ||
(c) the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected, | ||
the person making the plan shall implement, or cause the implementation of, those compensatory measures. | ||
(14) The Minister shall, as soon as may be after the making of a plan consequent upon his or her coming to a conclusion referred to in subsection (13), inform the European Commission of the compensatory measures required to be implemented in relation to that plan in accordance with that subsection. | ||
(15) When giving notice, in accordance with Part 3, of a decision to make or a decision not to make a relevant plan, a competent authority shall— | ||
(a) publish a copy of the Minister’s conclusion under subsection (9) on an internet website maintained by or on behalf of the competent authority, and | ||
(b) notify, in writing, any person who made a submission pursuant to an invitation under subsection (7) of the contents of the Minister’s conclusion. | ||