Circular Letter BC 8/2004
16 July 2004.
European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. 435 of 2004)
Planning and Development (Strategic Environmental
Assessment) Regulations 2004 (S.I. 436 of 2004)
A Chara,
- I am directed by the Minister for the Environment, Heritage and Local Government to enclose copies of the above Regulations. These Regulations transpose into Irish law the requirements ofDirective 2001/42/EC of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment - commonly known as the Strategic Environmental Assessment (SEA) Directive.
Operative Date
2.The SEA Directive applies to the preparation or review of plans and programmes, the first formal preparatory act of which takes place on or after 21 July 2004.
European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. 435 of 2004)
3.These Regulations cover plans and programmes in all of the sectors listed in article 3(2) of the Directive[*] except land-use planning. However, the review of the master plan for the Dublin Docklands area under the Dublin Docklands Development Authority Act 1997 is covered by these Regulations.
- In addition, these Regulations (articles 4 to 8) amend certain provisions of the Planning and Development Act 2000 to provide the statutory basis for the transposition of the Directive in respect of land-use planning. Transposition in respect of the land-use planning sector is achieved through the Planning and Development (Strategic Environmental Assessment) Regulations 2004 (see below).
- Summary notes on the implications of the Regulations for the waste management and water management sectors are included in Appendix 1 to this circular letter.
Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. 436 of 2004)
6.These Regulations deal with the procedures for assessment of the likely significant effects on the environment of
- development plans,
-variations of development plans,
-local area plans,
- regional planning guidelines, and
-planning schemes in strategic development zones (SDZs).
7.Summary notes on the Regulations are included in Appendix 2 to this circular letter.
Guidelines for Regional and Planning Authorities
8.The Planning and Development (Strategic Environmental Assessment) Regulations 2004 (S.I. 436 of 2004) broadly reflect the detail set out in the Draft Guidelines for Regional and Planning Authorities which issued for public consultation on 8 March 2004. The Department would like to thank all those authorities which made submissions on the Draft Guidelines. The Draft Guidelines are currently being reviewed in the light of all submissions received and will be issued in final form in the Autumn. In the meantime, regional and planning authorities should have regard to the Draft Guidelines in the performance of their functions under the 2000 Act. The main points which arise in the Regulations and which may not have been fully addressed in the Draft Guidelines are (i) variations of development plans will, from 21 July 2004, require screening for SEA, and (ii) new planning schemes in respect of SDZs will be subject to mandatory SEA from that date.
Department’s Web-site
9.The Regulations are available on the Department’s web-site at
Queries
- Queries in relation to this circular letter or the Regulations may be addressed to the undersigned or Karen Higgins, tel: (01) 888 2321, e-mail: or Anne-Marie O’Regan, tel: (01) 888 2821, e-mail: anne-marie_o’.
Mise le meas,
______
Frank Gallagher
Assistant Principal
Building Standards & Environmental Assessment Section
Tel: 01 - 8882592
E-mail: .
To each Regional Authority, Planning Authority and An Bord Pleanala
APPENDIX 1
European Communities (Environmental Assessment of Certain Plans and Programmes) Regulations 2004 (S.I. 435 of 2004)
Summary notes on the implications of the Regulations for the waste management and water management sectors
Waste Management
Regional Waste Management Plans are prepared under section 22 of the Waste Management Act 1996, as amended. Each of the regional plans is currently under review. Because the Directive does not take effect until 21 July 2004, SEA will not apply until the next review of plans.
The National Hazardous Waste Management Plan is prepared, by the EPA, under section 26 of the Waste Management Act 1996. The current plan covers the period up to 2006. The next review of the plan, due to get underway in late 2005, will be subject to SEA.
Water Management
Under the Water Services Bill 2003, which is currently before the Oireachtas, water services authorities (county and city councils) will be required to prepare water services strategic plans for their functional areas. It is envisaged that such plans will be subject to SEA in due course.
In relation to water quality management, it is envisaged that SEA will be given full effect in the context of implementation of the Water Framework Directive and the related European Communities (Water Policy) Regulations 2003 (SI No. 722 of 2003). Application of SEA procedures on a separate and additional basis is not necessary.
APPENDIX 2
Planning and Development (Strategic Environmental Assessment)
Regulations 2004 (S.I. 436 of 2004)
Summary Notes
Broadapproach to preparation of the Regulations
The broad approach taken during preparation of these Regulations has been to amend the Planning and Development Regulations 2001 by inserting new articles at appropriate places in those Regulations viz.
New articles 13A to 13J deal with SEA and development plans;
New articles 13K to 13R deal with SEA and variations of development plans;
New articles 14A to 14J deal with SEA and local area plans;
New articles 15A to 15H deal with SEA and regional planning guidelines;
New articles 179A to 179J deal with SEA and planning schemes in strategic development zones (SDZs).
In addition, the two schedules in the SEA Directive have been transposed as new Schedules 2A and 2B in the 2001 Planning Regulations.
Articles 13 and 15 of the 2001 Planning Regulations have also been amended to include the Environmental Protection Agency as a prescribed body for the purposes of sections 11, 12, 13 and 24 of the Planning and Development Act 2000.
Mandatory SEA
SEA will, with effect from 21 July 2004, be mandatory in the case of the preparation or review of
- Regional Planning Guidelines
- City and County Development Plans
- Development Plans by Town Councils, where the population of the area is 10,000 persons or more
- Local Area Plans for areas with a population of 10,000 persons or more, and
- Planning schemes in strategic development zones (SDZs).
Article 13(3) of the SEA Directive uses the term “first formal preparatory act” as the reference point for determining whether or not the Directive applies to a particular plan or programme. The key date is 21 July 2004. In the case of the preparation/review of a development plan, the “first formal preparatory act” would be a notice under section 11(1) of the Planning and Development Act 2000. In the case of a variation of a development plan, the “first formal preparatory act” would be a notice under section 13(2) of the 2000 Act. In the case of the preparation or amendment of a local area, the “first formal preparatory act” would be the carrying out of consultations under section 20(1) of the 2000 Act. In the case of the making of regional planning guidelines, the “first formal preparatory act” would be a notice under section 24(1) of the 2000 Act. In the case of a planning scheme in a strategic development zone (SDZ), the “first formal preparatory act” would be the starting point in the process of preparing a planning scheme (by the relevant development agency) under section 168(1) of the 2000 Act, following the designation of the relevant SDZ under section 166 of the Act.
Screening for SEA
Screening for SEA will apply in the case of
- urban development plans, where the population involved is less that 10,000 people,
- local area plans, where the population involved is less that 10,000 people, and
- variations of development plans.
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[*] The sectors included are Agriculture, Forestry, Fisheries, Energy, Industry, Transport, Waste Management, Water Management, Telecommunications and Tourism.