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Displaying items by tag: judicial review

Dublin Gazette writes, that the Bulloch Harbour Preservation Association has announced it has begun fundraising to file for a judicial review of An Bord Pleanala’s (ABP) decision to grant planning permission for a property development on Bulloch Harbour.

Earlier this month ABP granted permission to Bartra Capital Property Group to build three, three storey villas, two apartments as well as number of other buildings such as a café on the iconic south Dublin harbour.

At the time of the decision, Bartra CEO Mike Flannery said this “marks a positive day for Bulloch Harbour and Bartra looks forward to enhancing the environs of Bulloch Harbour on the back of this decision.”

However, local residents who have opposed the development since Bartra originally submitted its proposals have announced they will be attempting to file for a judicial review of the granted planning permission.

In a statement, the association said: “We have been inundated with communications by the members of the public expressing their amazement, disbelief and outrage at the findings of ABP.

For more on this coastal development click here. 

Published in Dublin Bay

#CruiseBerth - The Irish Times writes that a judicial review of An Bord Pleanála’s decision to approve facilities for cruiseships in Dún Laoghaire Harbour will be sought in the High Court on Thursday.

The campaign group Save our Seafront, which is taking the challenge, says last November’s decision by Bord Pleanála restricted the size of ships but still left open the possibility of the harbour being usurped by cruise liners.

The board granted permission to Dún Laoghaire Harbour Company for an €18 million development to build a new pier and dredge a navigation channel through the harbour mouth, as well as developing a turning circle outside the harbour. But the board ruled the size of ships permitted to enter the harbour should be restricted to 250m in length, rather than the 340m limit sought by the company.

The chairman of Save Our Seafront, local TD Richard Boyd Barrett of the Anti-Austerity Alliance-People Before Profit, said the development approved by the board could still result in a significant loss of amenity to existing harbour users. He said the board’s decision did not properly take into account the environmental implications of dredging and other aspects of the plan.

Save our Seafront is to ask the court to grant a judicial review of the decision on the basis of two points.

To read more including an Environmental Impact Study (EIS) of proposed development click here. 

#INLAND WATERWAYS - Minister for Natural Resources, Pat Rabbitte has announced that a settlement has been reached ahead of a court case over the removal of Clondulane Weir on the River Blackwater in Co Cork.
Lismore Realty Ltd and Lismore Trust Ltd has brought judicial review proceedings against the then minister over the department's direction in 2006 requiring the removal of the weird to allow for the free passage of migratory fish in line with national and European legislation.
The removal of the weir will now proceed folliwng the settlement, which terms that the parties will bear their own costs and Lismore Realty Ltd and Lismore Trust Ltd. will pay all reasonable costs of the removal of the weir, set to take place next summer.
Inland Fisheries Ireland will act as agents of the minister and manage the removal of the structure so as to minimise the impact on flora, fauna and habitat in the river, which is in a designated Special Area of Conservation.

#INLAND WATERWAYS - Minister for Natural Resources Pat Rabbitte has announced that a settlement has been reached ahead of a court case over the removal of Clondulane Weir on the River Blackwater in Co Cork.

Lismore Realty Ltd and Lismore Trust Ltd has brought judicial review proceedings against the then minister over the department's direction in 2006 requiring the removal of the weird to allow for the free passage of migratory fish in line with national and European legislation.

The removal of the weir will now proceed folliwng the settlement, which terms that the parties will bear their own costs, and Lismore Realty Ltd and Lismore Trust Ltd will pay all reasonable costs of the removal of the weir, set to take place next summer.  

Inland Fisheries Ireland will act as agents of the minister and manage the removal of the structure so as to minimise the impact on flora, fauna and habitat in the river, which is in a designated Special Area of Conservation.

Published in Inland Waterways
New Minister for the Environment Phil Hogan has signed off on a key foreshore licence to Shell Ireland, paving the way for the completion of the controversial Corrib gas project.
The Irish Times reports that the licence, subject to conditions, consents for the construction of the final 8km section of pipeline linking the Corrib gas field to Shell's onshore terminal at Ballinaboy. Co Mayo.
The scheme already has approval from An Bord Pleanála, and consents approved by former acting energy minister Pat Carey. But An Taisce has sought a judicial review of the planning decision, due before the High Court on Tuesday.
Still required by the developer before any work can begin are a revised emissions licence from the Environmental Protection Agency and a safety permit from the Commission for Energy Regulation under the Petroleum (Exploration and Extraction) Safety Act 2010.
The Irish Times has more on the story HERE.

New Minister for the Environment Phil Hogan has signed off on a key foreshore licence to Shell Ireland, paving the way for the completion of the controversial Corrib gas project.

The Irish Times reports that the licence, subject to conditions, consents for the construction of the final 8km section of pipeline linking the Corrib gas field to Shell's onshore terminal at Ballinaboy. Co Mayo.

The scheme already has approval from An Bord Pleanála, and consents approved by former acting energy minister Pat Carey. But An Taisce has sought a judicial review of the planning decision, due before the High Court on Tuesday.

Still required by the developer before any work can begin are a revised emissions licence from the Environmental Protection Agency and a safety permit from the Commission for Energy Regulation under the Petroleum (Exploration and Extraction) Safety Act 2010.

The Irish Times has more on the story HERE.

Published in Coastal Notes

Marine Protected Areas (MPAs) - FAQS

Marine protected areas (MPAs) are geographically defined maritime areas where human activities are managed to protect important natural or cultural resources. In addition to conserving marine species and habitats, MPAs can support maritime economic activity and reduce the effects of climate change and ocean acidification.

MPAs can be found across a range of marine habitats, from the open ocean to coastal areas, intertidal zones, bays and estuaries. Marine protected areas are defined areas where human activities are managed to protect important natural or cultural resources.

The world's first MPA is said to have been the Fort Jefferson National Monument in Florida, North America, which covered 18,850 hectares of sea and 35 hectares of coastal land. This location was designated in 1935, but the main drive for MPAs came much later. The current global movement can be traced to the first World Congress on National Parks in 1962, and initiation in 1976 of a process to deliver exclusive rights to sovereign states over waters up to 200 nautical miles out then began to provide new focus

The Rio ‘Earth Summit’ on climate change in 1992 saw a global MPA area target of 10% by the 2010 deadline. When this was not met, an “Aichi target 11” was set requiring 10% coverage by 2020. There has been repeated efforts since then to tighten up MPA requirements.

Marae Moana is a multiple-use marine protected area created on July 13th 2017 by the government of the Cook islands in the south Pacific, north- east of New Zealand. The area extends across over 1.9 million square kilometres. However, In September 2019, Jacqueline Evans, a prominent marine biologist and Goldman environmental award winner who was openly critical of the government's plans for seabed mining, was replaced as director of the park by the Cook Islands prime minister’s office. The move attracted local media criticism, as Evans was responsible for developing the Marae Moana policy and the Marae Moana Act, She had worked on raising funding for the park, expanding policy and regulations and developing a plan that designates permitted areas for industrial activities.

Criteria for identifying and selecting MPAs depends on the overall objective or direction of the programme identified by the coastal state. For example, if the objective is to safeguard ecological habitats, the criteria will emphasise habitat diversity and the unique nature of the particular area.

Permanence of MPAs can vary internationally. Some are established under legislative action or under a different regulatory mechanism to exist permanently into the future. Others are intended to last only a few months or years.

Yes, Ireland has MPA cover in about 2.13 per cent of our waters. Although much of Ireland’s marine environment is regarded as in “generally good condition”, according to an expert group report for Government published in January 2021, it says that biodiversity loss and ecosystem degradation are of “wide concern due to increasing pressures such as overexploitation, habitat loss, pollution, and climate change”.

The Government has set a target of 30 per cent MPA coverage by 2030, and moves are already being made in that direction. However, environmentalists are dubious, pointing out that a previous target of ten per cent by 2020 was not met.

Conservation and sustainable management of the marine environment has been mandated by a number of international agreements and legal obligations, as an expert group report to government has pointed out. There are specific requirements for area-based protection in the EU Marine Strategy Framework Directive (MSFD), the OSPAR Convention, the UN Convention on Biological Diversity and the UN Sustainable Development Goals. 

Yes, the Marine Strategy Framework directive (2008/56/EC) required member states to put measures in place to achieve or maintain good environmental status in their waters by 2020. Under the directive a coherent and representative network of MPAs had to be created by 2016.

Ireland was about halfway up the EU table in designating protected areas under existing habitats and bird directives in a comparison published by the European Commission in 2009. However, the Fair Seas campaign, an environmental coalition formed in 2022, points out that Ireland is “lagging behind “ even our closest neighbours, such as Scotland which has 37 per cent. The Fair Seas campaign wants at least 10 per cent of Irish waters to be designated as “fully protected” by 2025, and “at least” 30 per cent by 2030.

Nearly a quarter of Britain’s territorial waters are covered by MPAs, set up to protect vital ecosystems and species. However, a conservation NGO, Oceana, said that analysis of fishing vessel tracking data published in The Guardian in October 2020 found that more than 97% of British MPAs created to safeguard ocean habitats, are being dredged and bottom trawled. 

There’s the rub. Currently, there is no definition of an MPA in Irish law, and environment protections under the Wildlife Acts only apply to the foreshore.

Current protection in marine areas beyond 12 nautical miles is limited to measures taken under the EU Birds and Habitats Directives or the OSPAR Convention. This means that habitats and species that are not listed in the EU Directives, but which may be locally, nationally or internationally important, cannot currently be afforded the necessary protection

Yes. In late March 2022, Minister for Housing Darragh O’Brien said that the Government had begun developing “stand-alone legislation” to enable identification, designation and management of MPAs to meet Ireland’s national and international commitments.

Yes. Environmental groups are not happy, as they have pointed out that legislation on marine planning took precedence over legislation on MPAs, due to the push to develop offshore renewable energy.

No, but some activities may be banned or restricted. Extraction is the main activity affected as in oil and gas activities; mining; dumping; and bottom trawling

The Government’s expert group report noted that MPA designations are likely to have the greatest influence on the “capture fisheries, marine tourism and aquaculture sectors”. It said research suggests that the net impacts on fisheries could ultimately be either positive or negative and will depend on the type of fishery involved and a wide array of other factors.

The same report noted that marine tourism and recreation sector can substantially benefit from MPA designation. However, it said that the “magnitude of the benefits” will depend to a large extent on the location of the MPA sites within the network and the management measures put in place.

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