Environmental impact assessment and the demolition of national monuments

 

The national monument at Lismullin, Co. Meath which was identified during road construction.

The national monument at Lismullin, Co. Meath which was identified and demolished during road construction.

New regulations introduce an important change in the way environmental impact assessment is carried out in Ireland in order to comply with a ruling of the European Court. In future environmental impact assessment will be the responsibility of the competent authority that will come to a decision after receiving an environmental impact statement from the developer. The change means that from now on the demolition of national monuments like Lismullin, Co. Meath (pictured) will be the subject of an environmental impact assessment carried out by the Minister for Arts, Heritage and the Gaeltacht.

 

On the 9th of July 2012 the Minister for Arts Heritage and the Gaeltacht commenced the European Union (Environmental Impact Assessment of Proposed Demolition of National Monuments) Regulations 2012. The requirement for the regulations result from the decision of March 2011 of the European Court in case C-50/09 the European Commission vs. Ireland, that Ireland had failed to fulfil its obligations under the Environmental Impact Assessment Directive as it had (amongst other things) excluded demolition works from the scope of legislation transposing the Directive into Irish Law. In other words demolition of a significant heritage building or structure where the works would constitute a significant impact on cultural heritage should have required an environmental impact assessment.

 

The new regulations amend the National Monuments Act 1930 by introducing environmental impact assessment procedures in relation to the demolition of national monuments. The amendment adds a new section 14D and only applies in relation to consents under section 14 or directions under section 14A (as inserted by the National Monuments (Amendment) Act 2004) in relation to national monuments discovered in the course of construction of an approved road scheme under the Road Act 1993.

 

This new section requires the Minister, as the competent authority, before deciding to grant a consent or issue directions that would result in the demolition of a national monument to ensure that the proposed demolition has been the subject of an environmental impact assessment. Environmental impact assessment means an assessment, being an assessment which includes an examination, analysis and evaluation, by the Minister that identifies, describes and assesses in an appropriate manner, in light of each individual case and in accordance with Articles 4 to 11 of the Environmental Impact Assessment Directive, the direct and indirect effects which proposed demolition of a national monument would have on the following:

(a) human beings, fauna and flora;

(b) soil, water, air, climate and landscape;

(c) material assets and the cultural heritage;

(d) the interaction between the factors referred to in paragraphs (a)

to (c).

 

The Minister, as the competent authority will receive information from the applicant in the form of an environmental impact statement, and will then carry out the assessment of impact on the environment of the proposed development. Environmental impact statement means a written statement of the direct and indirect effects, if any, which the proposed demolition of a national monument, if carried out, would have on the environment and which contains the information which an environmental impact statement is required to contain under this section. The Minister may after consultation with the Director of the National Museum and the responsible local authority grant an exemption from these requirements in exceptional circumstances. Where an applicant is required to submit an environmental impact statement a notice of this intention must be published in the press two weeks before the submission of the statement. The Minster must circulate the environmental impact statement to the Director of the National Museum and the responsible local authority. If the Minister considers the environmental impact statement is inadequate he may request further information. The Minister will then carry out an environmental impact assessment of the proposal and decide whether or not to grant a consent or issue directions to demolish the national monument. Once the Minister has decided whether or not to grant consent or issue directions for the demolition of a national monument he shall publish a notice in the press and arrange for the environmental impact statement and information on the decision to be made publicly available.

 

I will be speaking about EIS practice for quarry developments at the Portobello Institute 10 August 2012.  See here

Cite this post as:

Mount, C. 2012. Environmental impact assessment and the demolition of national monuments. The Charles Mount Blog, 19 July 2012. http://charles-mount.ie/wp/?p=906

 

Environmental Impact Assessment EIA and the demolition of heritage buildings in Ireland

Wexford farmhouse.

The Irish landscape is characterised by its heritage buildings and structures, some of which are protected from demolition in the County Development Plans. Although the Environmental Impact Directive (85/337/EEC amended by 97/11/EC) requires the identification, description and assessment of material assets and the cultural heritage, and buildings and structures are part of the cultural heritage, the demolition of buildings and structures in Ireland has not been considered within the Environmental Impact Assessment (EIA) process unless the proposed development itself came within the scope of EIA. The Planning and Development Regulations 2001 state that building demolition is an exempted development (Class 50) except in cases where the building is a habitable house, forms part of a terrace of buildings or abuts on another building in separate ownership. In these cases the demolition will require planning permission but not an Environmental Impact Assessment. Therefore a significant heritage structure, that has not been designated, can be demolished without any assessment and if unoccupied, without any planning permission. However, this situation will soon change.

In March of this year the European Court ruled in case C-50/09 the European Commission vs. Ireland that Ireland had failed to fulfil its obligations under the Environmental Impact Assessment Directive as it had (amongst other things) excluded demolition works from the scope of legislation transposing the Directive into Irish Law. In other words demolition of a significant heritage building or structure where the works would constitute a significant impact on cultural heritage should have required an Environmental Impact Assessment all along.

Now the Department of the Environment, Community and Local Government must frame new legislation to give effect to the decision of the European Court.  An important consideration in framing the new legislation will be how to come to a decision as to whether a structure proposed for demolition should be the subject of an EIA. The first approach would be to require all structures designated as Protected Structures in the County development Plans or that have been included in the National Inventory of Architectural Heritage to undergo EIA before demolition. However not all significant heritage structures have been designated or included in the National Inventory of Architectural Heritage and the Architectural Protection Divison of the Department of Arts, Heritage and the Gaeltacht regularly request that EIAs assess non-designated structures in the vicinity of proposed developments.

An additional approach would be to set a size threshold. This is currently how most development types are judged to have a significant environmental impact and come within the scope of EIA. For example a forestry application over 50 ha will require an EIA but one under will not. However, significant heritage structures come in a variety of sizes. For example Wicklow Co. Council has designated a J.W. Penfold post box dating from 1870 in Carrigoona Commons as a protected structure. Similar structures would not be included in EIA under a threshold system based on size.

Another approach would be to set a threshold date range for structures coming within EIA. However, significant heritage structures may date from any period. For example Archer’s Garage in Dublin City, a listed building, was built as recently as the 1940s. Setting an age threshold would include many but not all heritage structures.

The only foolproof method of ensuring that all significant heritage structures are included in EIA will be to carry out a formal recorded screening of each structure proposed for demolition. This will generate a lot of reports so the numbers requiring screening could be reduced by introducing thresholds based on age and scale noted above as long as the screening is carried out on all structures outside the thresholds.

The decision of the European Court has dramatically changed how the demolition of structures in Ireland is to be assessed. It is now up to the Government to introduce the necessary legislation to give effect to the judgement.

Cite this post as:

 Mount, C. Environmental Impact Assessment EIA and the demolition of heritage buildings in Ireland. The Charles Mount Blog, June 14, 2011. http://charles-mount.ie/wp/?p=149