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EU Commissioner Response to DCRA

To: Jim McGrath, Chairman, Dunboyne Combined Residents Association, received 16.01.01

The Commission is aware that serious environmental challenges are presented by the rapid expansion of the Greater Dublin area, and welcomes any efforts - such as the strategic planning guidelines mentioned in your letter - to address these challenges in a way that ensures sustainable development.

I note your concern that the revised development plan for County Meath is seriously at variance with these guidelines, and that, against the advice of professional planners, it provides for major urban expansion of towns and villages (including a doubling in size of Dunboyne) contrary to the guidelines.

For some years, the Commission has been working with the Member States on a draft directive (often referred to as the Strategic Environmental Assessment or SEA Directive) which would provide for the prior environmental assessment of plans such as this development plan. However, while much progress has been made, the draft has yet to be adopted and enter into force.

In the meantime, the role of Community environmental law is limited to the environmental impact assessment (EIA) of projects, including urban development projects, under Directive 85/337/EEC as amended by Directive 97/11/EC.

In your letter, you suggest that, if the development plan is ratified, it is likely that project splitting will be used to avoid project EIA under Directive 85/337/EEC, and that this will result in development in areas subject to flooding. I would like to draw your attention to the fact that, as amended by Directive 97/11/EC, Directive 85/337/EEC is explicit on the need for Member States to take account of the cumulation of projects when deciding on the necessity for EIA (see Annex III.1, second indent). Moreover, in its decision of 21 September 1999 in Case C-392/96, Commission v Ireland, the European Court of Justice points to the need for Member States to ensure that a requirement of EIA is not circumvented by project splitting. I would also like to confirm that the Commission has made representations to the Irish authorities on this general issue.