Substitute Consent

sydthebeat

Heres a heads up for practitioners who work in rural areas, and specifically around Special Areas of Conservation or Natura 2000 sites .

“Substitute Consent” refers to a new provision contained in the Planning and Development (Amendment) Act 2010. “Substitute Consent” is a mechanism whereby a person can apply for retrospective permission for a project that would have required an Environmental Impact Assessment, Screening for Environmenatal Impact Assessment or Appropriate Assessment, as appropriate.


More importantly, itsmy understanding this is a mechanism that can be implemented by a local authority in a case where they granted permission without reference to the above. They can implement this mechanism without notification, or more usually, when an application is received within one of the subject areas. they are free to revisit decisions and retrospectively enforce EIS or similar assessments to be carried out, and theoretically, refuse permission should there be significant issues with the assessment.



So at a domestic level, if you are within specified distance from a SAC or natura2000 site (this distance is specific to LA and can be as far reaching as they choose. In laois i think its 5KM) the council can enforce you to carry out an EIS, Screening for an EIS or an Appropriate Assessment, the latter is much more applicable to a domestic application. In practise i think it would be more of case of any application received where the subject site is within the limits, and appropriate assessment will be required in order to make a decision, even for something as small as an extension. Again, that just my understanding and im open for correction.



An Applicant generally must apply to An Bord Pleanála for ‘leave to apply for substitute consent’ (where ‘exceptional circumstances’ must be proven to the Board). However, an application for ‘leave to apply for substitute consent’ is not required where the Applicant has been directed by a Planning Authority to apply for Substitute Consent, or where planning permission was granted for a development, but the decision was defective by reason of an Irish Court or European Court of Justice ruling.


The wording can be found on page 10 + 11 hereand as usual is convoluted.

No6

Is that not screening for a Natura Impact assessment rather than a full EIS syd, It arrived in Mayo last year, snuck in when no one was doing anything, if your site is within 1km they are looking for a natura impact assessment. I have got one done so far, it cost around 600, its yet another cost for people looking to build in rural areas if they are in proximity of SAC's. A planner told me they can look for it up to 15km from sac's so thats probably why they have allowed retrospective assessments, in case the EU make them!!

sydthebeat

No6 wrote: »

Is that not screening for a Natura Impact assessment rather than a full EIS syd, !

its not just a full EIS no6.. its and EIS, screening for an EIS, or an Appropriate Assessment.

The appropriate assessment is what i see most of here in laois. And yes i think they can ask for one of these up to 15km i think... that basically covers nearly all of co laois tbh.

The impact its going to have here is that even if your just applying for an extension or something very trivial, you can be asked to have one of these carried out. its nothing too major but it is extra hassle and more cost.

No6

Give them another few years and while it may be technically possible to get a house in the countryside, it will be unaffordable except for the really wealthy, they are banning one off rural houses by the back door!!!

clodagh77

Hello all,

I own a dormant quarry in Co.Meath. This quarry was in full use untill the recession took hold. I am now trying to get it open. Meath county council has told me that I need to apply for substitute consent as some of the rules in the original planning permission were broken. With this substitute consent comes a remedial EIS. Does anyone out there know what a remedial eis is? The planners want to charge me €35,000 to do an eis (which I don't have!!!), but I am wondering if a remedial eis would be cheaper. An EIS was done on this quarry in 2004 - a detailed folder listing flora & fauna, human beings, water etc. Is it necessary to do another full eis. The planner seems to thing so, but then again he would as he wants a big fat cheque!!!!
I would really really appreciate advice from someone who might know.
Thank You.

townplanner

Firstly a remedial EIS is an EIS which seeks to address works which have already been carried out but, have not been subjected to a proper assessment of their environmental impact. In other words it is a retrospective EIS.

Secondly is it cheaper to get a remedial EIS for less that 30,000? - in my experience, yes. It depends largely on what engineering tests need to be undertaken, but, considering you had EIS already done previously, I would be confident that you get it for less.

Be aware that you will need an expert such as a planning consultant to advise you on this as if you try to scope the EIS with An Bord Pleanala they will charge you 25,000 to do this. As such you are far better off relying on the expertise of a qualified consultant.

clodagh77

Thanks for the reply. Yes I went to a professional planning consultant in Dundrum and was given a detailed breakdown of the costs - €30k plus vat. The problem with the quarry is the depth only, but he is charging from what I can see is for a full EIS. He said that a remedial EIS is the same as a full EIS. So I really am feeling had done by with the price he is charging. This has to be done by Feb 2013 but I have not made my mind up yet.
Can you recommend a planning consultant?

townplanner

clodagh 77 - pm me