AIE request OEE AIE 2023 27 – Internal Review Decision
Appealed to OCEI (09/08/23)
Planning applications for agricultural development submitted in 2022 in Cork
114 farms which were determined to be high risk following inspection in 2021 were followed up in 2022 to ensure compliance with the GAP Regs
Inspections were carried out on 15 farms which were cross reported from DAFM to CCC in 2022.
CCC investigated 158 complaints regarding pollution from agriculture in 2022 . 72 warning letters were issued in response to these complaints.
Details of farm inspections & enforcement actions in 2022 are contained in the farm inspections spreadsheet.
An assessment of whether there is adequate slurry/soiled water storage capacity is carried out at all on-farm inspections.
CCC investigated 34 complaints regarding slurry & fertilizer spreading during the closed period in 2022
59 of the 113 systems inspected in 2022 failed the inspection, (52% non-compliance)
Section 4 trade effluent discharge licence inspections in Limerick
One S4 enforcement file dating from 2018 was closed after 12 Court Appearances.
One licence was reviewed.
One new licence was issued
Two licences ceased to have effect has the development was connected to a public scheme
There is no programme for identifying/resolution of misconnections
Notes: “You are not required to duplicate data that you are submitting though the ‘RMCEI data returns’ or your ‘RMCEI Plan’, which suggests that local authorities submit three things
- National Enforcement Priorities Progress Report (plus related casestudies)
- RMCEI data returns
- RMCEI plan
In 2019, the Department established the National Appropriate Assessment Forum to increase stakeholder engagement and to assist Government Departments and other public authorities in fulfilling the requirements of Article 6 of the Habitats Directive for which they are responsible.
The Forum meets twice a year and provides an opportunity to share information, experience and good practice.
20 public authorities are currently members of the National AA Forum, together with the Local Government Management Agency (representing 31 local authorities). This includes all public authorities with key responsibilities in undertaking AA assessments for plans and projects
Agenda: Inaugural meeting of the National Appropriate Assessment Forum
Minutes: Inaugural meeting of the National Appropriate Assessment Forum
Draft Terms of Reference (TOR) for the Forum
Whether issues arising from the implementation of Article 12 of the Habitats Directive would be dealt with by the Forum
Natura 2000 Network in Ireland
Rebecca Jeffrey, Scientific Unit, NPWS
July 17 2019
National Appropriate Assessment Forum
John Fitzgerald, Principal Officer, National Parks and Wildlife Service
17th July 2019
Agenda: Second Meeting of the National Appropriate Assessment Forum
Minutes: Second Meeting of the National Appropriate Assessment Forum
The Forum aims to enable the sharing of information, experience and good practice between public authorities in relation to the implementation of the appropriate assessment requirements of the Habitats Directive and related matters.
Overview of the various resources and tools for accessing NPWS ecological data. Data not publicly available could be requested though the NPWS website.
While there are a number of pressures and threats to habitats and species, agriculture is the most significant of these.
The most notable trend is the decline in ground nesting and breeding birds
Accessing NPWS Ecological Data
National Appropriate Assessment Forum
Gemma Weir, Ecological Data Manager, NPWS, 16/10/2019
Birds Directive Reporting for the period 2012 – 2018, Birds Unit,
Article 17 Assessment
Deirdre Lynn, NPWS
Agenda: Third National Appropriate Assessment Forum
Minutes: National Appropriate Assessment Forum
The development of new Article 6 guidance for public authorities is underway and a Project Working Group has been established.
Presentation of court judgments in relation to mitigation at AA screening, following on from the People Over Wind judgement.
Agenda: Fourth National Appropriate Assessment Forum
Minutes: Fourth National Appropriate Assessment Forum
Function of Forum is to bring public authorities together to share information and knowledge rather than problem-solve. This is reflected in the Terms of Reference for the Forum.
Presentation on wintering waterbirds and the potential impacts on them
Data and research studies – need for centralised repository to bring information together
Issue of screening for AA and the consequences in terms of the Planning Act and its implementation when things screen in
Special Protection Areas: impacts of disturbance on wintering waterbirds
Dr Seán Kelly, Waterbird Ecologist, NPWS
National Appropriate Assessment Forum
25th February 2021
Appropriate Assessment: Perspectives from the Inspectorate of An Bord Pleanála
Presentation to National AA Forum, NPWS, 25th Feb 2021
Maeve Flynn BSc. PhD, MCIEEM
Inspectorate Ecologist, An Bord Pleanála
Agenda: Fifth National Appropriate Assessment Forum
Minutes: Fifth National Appropriate Assessment Forum
Scope for national one-stop shop for biodiversity data.
Huge data management resources that would be required and that it would need to be a dynamic
system with different ways of sharing. Important to make sure licencing is correct and there is clarity upfront about ownership and who can use it.
Noted difficulties Coillte having with key data set in hen harrier sites with implications for how they do AA
Update on Guidance for Public Authorities on Article 6(3) and 6(4) of the Habitats Directive
TII’s public consultation procedures – they made the public consultation as high profile as possible but received no comments from the public
Lack of professional ecologist review internally within local authorities and planning authorities
Amendments to EC (Birds and Natural Habitats) Regulations 2011
National Appropriate Assessment Forum: OPR and Environmental Assessments
23 June 2021
Kenneth Moloney, Senior Planner
Biodiversity Maps – a national biodiversity mapping and data portal
Presentation to the Appropriate Assessment Forum
Transport Infrastructure Ireland (TII)
Wednesday, 23rd of June 2021
Agenda: Sixth National Appropriate Assessment Forum
Minutes: Sixth National Appropriate Assessment Forum
Opening the forum to all local authorities might not be practical
Forestry regulations were changed following legal advice to allow them to do an Appropriate Assessment Report (AAR) in lieu of an NIS.
National Biodiversity Policy
Deirdre Lynn, National Parks and Wildlife Service
NITRATES and BIODIVERSITY DIVISION
Agenda: National Appropriate Assessment Forum – Seventh Meeting
Minutes: National Appropriate Assessment Forum – Seventh Meeting
Overview of the Wild Atlantic Nature LIFE project, including its focus, approach and integrated land use framework. The project focuses on quality and takes a results-based approach that invests in landowner skills.
General overview of the LIFE programme, including its structure and financial framework. LIFE programme is a policy instrument grounded in the European Green Deal and projects must be linked to this policy framework. DECC are the national contact point for LIFE
Concern about the lack of site-specific conservation objectives for some European sites and the potential risk of legal challenge
If there is a map of sites that don’t have site specific conservation objectives yet and if there is a plan for when they will
Department has published site-specific conservation objective documents for 429 out of 439 SACs; and 37 out of 154 SPAs
Recent judicial reviews and case law in which AA was challenged on the grounds that the competent authority was not capable of conducting a valid AA if there was no site conservation objectives in place.
Department to look into recent case law with respect to site conservation objectives and report back to the group
Report back to Irish Water regarding requirements for sites designated for FWPM
Issue of consultants not taking on AA work because of the risk of legal challenge
DAFM are rolling out a new Common Agricultural Policy and queried if a plan is spread out over separate regions is there is a requirement to split it into separate NISs for each area or would one overarching NIS suffice.
NPWS are currently seeking legal advice regarding who is the competent authority for community works
Appendix – Addendum re: Site-Specific Conservation Objectives:
Further to the discussion under agenda item 7, the full list of SACs and SPAs with published detailed
site-specific conservation objective documents, and their publication dates, is listed in pdf below.
Wild Atlantic Nature LIFE: Integrating nature, people and place
Appropriate Assessment Forum
EU LIFE Programme: Potential funding for your project
Gerry Clabby, Environment and Climate Research and Advisory Unit
6 April 2022
Agenda: Eight National Appropriate Assessment Forum
Minutes: Eight National Appropriate Assessment Forum
ABP have an MOU with EPA that covers projects requiring dual consents but they haven’t done any joint ones and planning permissions still require full assessment before getting a licence from the EPA.
Forest Service are often the second competent authority of some applications which have already got planning permission
EPA are often the second competent authority after the planning authority but was not aware of any formal mechanism for carrying out a joint-assessment
Lough Talt and Article 6(4): Irish Water’s journey to upgrading the Lough Talk Regional Water Supply Scheme
Dr Brian Deegan, Lead Ecologist, Irish Water
Agenda: Ninth National Appropriate Assessment Forum
Membership of National Appropriate Assessment Forum
Developing New Guidance for Public Authorities: Article 6(3) and 6(4) of the Habitats Directive
Head of Ecological Assessment, National Parks and Wildlife Service
National Appropriate Assessment Forum, 21st October 2020
Mitigation at AA Screening
Presentation to AA Forum, 21 October 2020
Legislation & Guidance Unit, NPWS
AA Procedure for Forestry: An Overview
Forestry Inspector – Environment
Department of Agriculture, Food & the
Coillte Case ref: 20220132
The majority of Derryarogue is cutaway and has a pumped drainage system
Derryarogue Bog has a pumped drainage regime with four pumps within the PCAS footprint extent
Numerous power lines cross the site and are in place to power the surface water drainage pumps that are located across the bog. The bog is likely to develop wetland habitats if pumping is stopped
Bord na Móna are planning to develop a potential renewable energy project at Derryarogue Bog as part of the proposed Derryadd Wind Farm. This wind farm project is in pre-planning Bord na Móna Derryarogue Decommissioning and Rehabilitation Plan 2023 and is expected to be submitted for planning permission in 2023.
The PCAS rehabilitation footprint does not overlap wind generation infrastructure
The remaining area at Derryarogue (the proposed wind farm area) will be rehabilitated either in association with the proposed Derryadd Wind Farm Project, with peatland rehabilitation integrated into the proposed project, or will be completed in the event of an unsuccessful planning application.
Areas subject to turf cutting are excluded
Article 6 (3) Appropriate Assessment Screening Report
Mount Lucas Bog
Bunahinly – Kilgarvin Bog
Timahoe South Bog
Ballaghurt and Glebe Bog
Rathdrum and Daingean Derries Bogs
Bracklin West Bog
Derryadd East Bog
Wicklow Combined National Park, Coillte and Private Forestry Map
Wicklow Coillte Landbank Map
Wicklow Coillte BioClass Sites Map
Wicklow Private Forestry Map
Wicklow Forest Roads Map
Wicklow Native and Legacy Woodland Map
Wicklow Peatland Map
Wicklow pNHAs Map
Wicklow Section 4 Trade Effluent Discharge Licences Map
Wicklow Fire Data (20 year fire map via NASA Fire App)
Wicklow, Arterial Drainage Act Lands (*note there is only one area of the county impacted by the ADA)
Wicklow Rivers and Lakes Map
Wicklow Blue Dot Map