Planning and Development Act 2024
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Imperative reasons of overriding public interest (priority habitat or priority species) | ||
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221. (1) In this section— | ||
“development concerned” means a relevant development in respect of which the competent authority has made a determination under paragraph (a) of subsection (7) of section 217 relating to a European site that hosts a priority habitat or priority species; | ||
“imperative reasons of overriding public interest” means— | ||
(a) reasons relating to human health or public safety, | ||
(b) reasons that the development will have beneficial consequences of primary importance to the environment, or | ||
(c) reasons that, in the opinion (given upon a request under subsection (11)) 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. | ||
(2) (a) Where, in relation to a development concerned, the competent authority has received a request referred to in subsection (3) of section 215 , it shall consider that request and the explanation referred to in subsection (4) of that section, but only after it has made a determination under paragraph (a) of subsection (7) of section 217 that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site. | ||
(b) The competent authority shall, after having considered the request and explanation referred to in paragraph (a), come to a conclusion in relation to the development concerned as to whether or not— | ||
(i) there is an absence of alternative solutions to the carrying out of the development concerned, | ||
(ii) imperative reasons of overriding public interest exist or, subject to the opinion of the Commission, may exist for the carrying out of the development concerned, and | ||
(iii) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected. | ||
(c) The competent authority shall, for the purpose of reaching a conclusion under paragraph (b), have regard to— | ||
(i) the Natura impact statement, | ||
(ii) the explanation referred to in paragraph (a), and | ||
(iii) where applicable, any submission received— | ||
(I) pursuant to an invitation under paragraph (a) of subsection (3), | ||
(II) pursuant to an invitation under subsection (3) of section 216 , or | ||
(III) consequent upon the taking of measures prescribed under subsection (4) of section 222 by the competent authority, | ||
in relation to the matters referred to in subparagraphs (i), (ii) and (iii) of paragraph (b). | ||
(3) (a) A competent authority may— | ||
(i) at any time after having made a determination under paragraph (a) of subsection (7) of section 217 in respect of a development concerned to which a request referred to in subsection (3) of section 215 relates, and | ||
(ii) for the purposes of reaching a conclusion under paragraph (b) of subsection (2), | ||
invite any person to make submissions to it in relation to the matters referred to in subparagraphs (i), (ii) and (iii) of the said paragraph (b). | ||
(b) An invitation under paragraph (a) shall specify the period during which, and the manner in which, submissions may be made pursuant to that invitation. | ||
(4) Where a development concerned or any part thereof consists of— | ||
(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 201818 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 that development concerned or that part, as the case may be. | ||
(5) (a) Where the competent authority concludes that— | ||
(i) there is an absence of alternative solutions to the carrying out of the development concerned, and | ||
(ii) imperative reasons of overriding public interest for the carrying out of a development concerned exist or, subject to the opinion of the Commission, may exist, | ||
but is not satisfied that the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected, it may consult with the applicant for permission for the purpose of ascertaining the feasibility and adequacy of alternative compensatory measures. | ||
(b) Where, following a consultation under paragraph (a), the applicant for permission proposes alternative compensatory measures (in this section referred to as the “revised proposal”) that the competent authority is satisfied are adequate to ensure that the overall coherence of the Natura 2000 network is protected, the competent authority shall— | ||
(i) publish the revised proposal on an internet website maintained by or on behalf of the competent authority, | ||
(ii) publish a notice on that internet website— | ||
(I) inviting members of the public to make submissions to the competent authority in relation to the revised proposal, and | ||
(II) specifying the period during which, and the manner in which, such submissions may be made, | ||
and | ||
(iii) send a copy of the revised proposal to such persons (if any) as may be prescribed, and invite each such person to make submissions to the competent authority in relation to the revised proposal. | ||
(c) The competent authority shall consider— | ||
(i) the revised proposal, | ||
(ii) any submissions received by the competent authority pursuant to a notice under subparagraph (ii) of paragraph (b), and | ||
(iii) any submissions received by the competent authority pursuant to an invitation under subparagraph (iii) of paragraph (b). | ||
(6) (a) Subject to paragraph (a) of subsection (5), where, in relation to a development concerned, a competent authority concludes under paragraph (b) of subsection (2) that— | ||
(i) there are alternative solutions to the carrying out of the development concerned, | ||
(ii) imperative reasons of overriding public interest do not exist for the carrying out of the development concerned, or | ||
(iii) the compensatory measures proposed by the applicant for permission are not adequate to ensure that the overall coherence of the Natura 2000 network is protected, | ||
it shall refuse to grant permission for the development concerned under Part 4 . | ||
(b) Where, after having considered a revised proposal under paragraph (c) of subsection (5), a competent authority is still not satisfied that the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected, it shall refuse to grant permission for the development concerned under Part 4. | ||
(c) Where paragraph (a) or (b) applies in relation to a development concerned, the competent authority shall, forthwith, inform the applicant for permission for the development concerned of its conclusion and the reasons therefor. | ||
(7) Where, in relation to a development concerned, the competent authority comes to a conclusion under paragraph (b) of subsection (2) that— | ||
(a) there is an absence of alternative solutions to the carrying out of the development concerned, | ||
(b) imperative reasons of overriding public interest exist for the carrying out of the development concerned, and | ||
(c) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected, | ||
or where the competent authority comes to that conclusion after consideration of a revised proposal under paragraph (c) of subsection (5), it shall prepare, and submit to the Minister, a statement in relation to the development concerned— | ||
(i) specifying the considerations that caused the competent authority to conclude that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site under paragraph (a) of subsection (7) of section 217 , | ||
(ii) specifying the reasons for which the competent authority has concluded that there are no alternative solutions to the carrying out of the development concerned, | ||
(iii) specifying the imperative reasons of overriding public interest that the competent authority has concluded exist or, subject to the opinion of the Commission, may exist for the carrying out of the development concerned, | ||
(iv) in circumstances where the competent authority has concluded that other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive may exist for the carrying out of the development concerned— | ||
(I) specifying the reasons for its having so concluded, and | ||
(II) requesting the Minister to make a request under subsection (11) in relation to the development concerned, | ||
(v) specifying the proposed compensatory measures that the competent authority is satisfied are adequate to ensure that the overall coherence of the Natura 2000 network is protected, and | ||
(vi) providing such other information (if any) as the competent authority considers to be of relevance. | ||
(8) (a) A statement submitted to the Minister in accordance with subsection (7) shall be accompanied by— | ||
(i) a copy of the application for permission for the development concerned, | ||
(ii) the Natura impact statement in respect of the development concerned, | ||
(iii) the explanation referred to in subsection (4) of section 215 , and | ||
(iv) any submissions received by the competent authority in accordance with this section or section 216 in relation to the development concerned. | ||
(b) A statement submitted to the Minister in accordance with subsection (7) shall, as soon as may be after its submission to the Minister in accordance with that subsection, be published by the competent authority on an internet website maintained by or on its behalf. | ||
(9) The Minister shall, as soon as may be after having received a statement under subsection (8), perform the functions conferred on him or her by subsection (11), (12), (13), (14) or (15). | ||
(10) The Minister may, for the purpose of performing his or her functions under subsection (11), (12), (13), (14) or (15) consult with— | ||
(a) such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, or | ||
(b) the competent authority, which may, with the consent of the applicant for permission, submit— | ||
(i) a proposed revised or modified development concerned, or | ||
(ii) proposed revised or modified compensatory measures. | ||
(11) The Minister may— | ||
(a) upon receipt of a statement under subsection (7) containing a request from the competent authority under subparagraph (iv) of that section, and | ||
(b) if satisfied that the compensatory measures proposed 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 development concerned. | ||
(12) Where, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies, the Minister— | ||
(a) is satisfied that imperative reasons of overriding public interest consisting of— | ||
(i) reasons relating to human health or public safety, or | ||
(ii) reasons that the development will have beneficial consequences of primary importance to the environment, | ||
exist, and | ||
(b) is satisfied that the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected, | ||
he or she shall, forthwith, issue a notice to that effect to the competent authority, and the competent authority may, upon receipt of that notice and subject to Part 4 and subsection (17), grant permission for the development concerned. | ||
(13) Where, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies, the Minister— | ||
(a) is not satisfied that imperative reasons of overriding public interest consisting of— | ||
(i) reasons relating to human health or public safety, or | ||
(ii) reasons that the development will have beneficial consequences of primary importance to the environment, | ||
exist, or | ||
(b) is not satisfied that the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected, | ||
then, subject to subsection (14), he or she shall, forthwith, issue a notice to that effect to the competent authority, and the competent authority shall not grant permission for the development concerned. | ||
(14) Where, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies— | ||
(a) the Minister receives an opinion from the European Commission (pursuant to a request under subsection (11)) that states that, in relation to the development concerned, it is satisfied that imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive exist, and | ||
(b) the Minister is satisfied that the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected, | ||
he or she shall, forthwith, issue a notice to that effect to the competent authority, and the competent authority may, upon receipt of that notice and subject to Part 4 and subsection (17), grant permission for the development concerned. | ||
(15) Where, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies— | ||
(a) the Minister receives an opinion from the European Commission (pursuant to a request under subsection (11)) that states that, in relation to the development concerned, it is not satisfied that imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive exist, or | ||
(b) the Minister is not satisfied that the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected, | ||
he or she shall, forthwith, issue a notice to that effect to the competent authority, and the competent authority shall not grant permission for the development concerned. | ||
(16) The competent authority shall, when publishing its decision in relation to the application for permission for the development concerned— | ||
(a) publish a copy of the notice under subsection (12), (13), (14) or (15) 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— | ||
(i) the applicant for permission, | ||
(ii) any person who appealed a decision in relation to the application for permission for the development concerned under section 103 , | ||
(iii) any person who made a submission in accordance with Part 4 in relation to the application for permission, | ||
(iv) any person who made a submission pursuant to an invitation under section 216 or subsection (2) of section 217 in relation to the development concerned, and | ||
(v) any person who made a submission pursuant to an invitation under paragraph (a) of subsection (3) or subparagraph (ii) or (iii) of paragraph (b) of subsection (5), | ||
of the contents of the notice under subsection (12), (13), (14) or (15). | ||
(17) (a) Where the competent authority receives a notice under subsection (12) or (14) in respect of a development concerned, the implementation of the proposed compensatory measures that the Minister is satisfied are adequate to ensure that the overall coherence of the Natura 2000 network is protected shall be a condition of any permission for the development concerned. | ||
(b) The competent authority may attach to a grant of permission for a development concerned a condition requiring the person— | ||
(i) who will carry out, is carrying out or has carried out the development concerned, or | ||
(ii) on whose behalf the development concerned will be, is being or has been carried out, | ||
to make one, or more than one, financial contribution for the purpose of securing the implementation of any compensatory measures that the competent authority, planning authority (where the Commission is the competent authority) or Minister may have to carry out. | ||
(18) (a) The competent authority shall inform the European Commission of the compensatory measures required to be implemented under, or in connection with, a grant of permission for a development concerned aimed at ensuring that the overall coherence of the Natura 2000 network is protected. | ||
(b) The competent authority shall send a copy of any communication with the European Commission under or in connection with paragraph (a) to the Minister. | ||