Planning and Development Act 2024
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Imperative reasons of overriding public interest (priority habitat or priority species) | ||
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207. (1) In this section— | ||
“imperative reasons of overriding public interest” means— | ||
(a) reasons relating to human health or public safety, | ||
(b) reasons that the relevant plan will have beneficial consequences of primary importance to the environment, or | ||
(c) reasons that, in the opinion (given upon a request under subsection (10)) of the European Commission, constitute other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive; | ||
“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 hosts 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 of overriding public interest exist or may, subject to the opinion of the European Commission, 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 of overriding public interest exist or may, subject to the opinion of the European Commission, exist for the making of the relevant plan, and | ||
(c) the compensatory measures proposed by him or her 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 is satisfied that there are no alternative solutions to the making of the relevant plan, | ||
(d) specify the imperative reasons of overriding public interest that the competent authority considers exist, or, subject to the opinion of the European Commission, may 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) and (10), 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— | ||
(a) having considered a statement submitted under subsection (2) or a statement prepared by him or her under subsection (3), and | ||
(b) 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 concerned as to whether or not— | ||
(i) there is an absence of alternative solutions to the relevant plan, | ||
(ii) imperative reasons of overriding public interest exist, or may, subject to the opinion of the European Commission, exist for the making of the relevant plan, and | ||
(iii) the compensatory measures proposed by the competent authority are adequate to ensure that the overall coherence of the Natura 2000 network is protected. | ||
(10) The Minister may— | ||
(a) after having considered— | ||
(i) a statement submitted under subsection (2) or prepared by him or her under subsection (3), and | ||
(ii) any submissions in relation to such statement received pursuant to an invitation under subsection (7), | ||
and | ||
(b) if satisfied that— | ||
(i) there is an absence of alternative solutions to the relevant plan, and | ||
(ii) the compensatory measures proposed by the competent authority are adequate to ensure that the overall coherence of the Natura 2000 network is protected, | ||
request the European Commission to provide him or her with its opinion as to whether or not other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive exist in relation to the relevant plan concerned. | ||
(11) A relevant plan shall not be made under Part 3— | ||
(a) unless the Minister has concluded that— | ||
(i) there is an absence of alternative solutions to the relevant plan, and | ||
(ii) imperative reasons of overriding public interest— | ||
(I) relating to human health or public safety, or | ||
(II) that the relevant plan will have beneficial consequences of primary importance to the environment, | ||
exist for the making of the relevant plan, and | ||
(iii) compensatory measures proposed by the competent authority are adequate to ensure that the overall coherence of the Natura 2000 network is protected, | ||
or | ||
(b) unless— | ||
(i) the Minister has concluded that— | ||
(I) compensatory measures proposed by the competent authority are adequate to ensure that the overall coherence of the Natura 2000 network is protected, and | ||
(II) the competent authority is satisfied that there is an absence of alternative solutions to the relevant plan, | ||
and | ||
(ii) the Minister has received an opinion from the European Commission (pursuant to a request under subsection (10)) that states that it is satisfied that other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive exist for the making of the relevant plan. | ||
(12) (a) If a plan is made consequent upon the Minister’s coming to the conclusion referred to in paragraph (a) of subsection (11), the person making the plan shall implement, or cause the implementation of, the compensatory measures to which subparagraph (iii) of the said paragraph (a) applies. | ||
(b) If a plan is made consequent upon— | ||
(i) the Minister’s coming to the conclusion referred to in subparagraph (i) of paragraph (b) of subsection (11), and | ||
(ii) the receipt by the Minister of an opinion referred to in subparagraph (ii) of the said paragraph (b), | ||
the person making the plan shall implement, or cause the implementation of, the compensatory measures to which clause (I) of the said subparagraph (i) applies. | ||
(13) 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 (11), inform the European Commission of the compensatory measures required to be implemented in relation to that plan in accordance with paragraph (a) or (b) of subsection (12). | ||
(14) When giving notice under Part 3 of a decision as to whether or 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, | ||
(b) publish a copy of the opinion of the European Commission received by the Minister pursuant to any request under subsection (11), and | ||
(c) notify, in writing, any person who made a submission pursuant to an invitation under subsection (7) of the contents of that conclusion and any such opinion. |