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Posts Tagged ‘Special Area of Conservation’

Integrity.

It’s important to me and probably important to you.  And for those with a linguistic interest, it comes from the Latin word integer meaning ‘entire’.

And in April 2013, the concept of integrity of direct relevance and interest to ecologists and developers became a focal point in a Court Case (C258/11 – Peter Sweetman and Others v An Bord Pleanála; ‘the Sweetman Case’) within the European Court of Justice (ECJ).

The story starts on the west coast of Ireland in County Galway; Loch Corrib to be precise.  Loch Corrib was designated as a Special Protected Area (for its birds) in November 1996; and a Special Area of Conservation (for various wetland habitats and associated species, including fish, bats, otter, a moss and a plant) in December 2008 (now together known as a Site of Community Importance or SCI).  Information on the SPA can be read here and the SAC here.

Just to the south of Loch Corrib is Galway City, with a population of approximately 75,000.  Currently, anyone travelling from the east, and wishing to head west beyond the city, for example to Connemara National Park (or vice versa), would by necessity, travel through the outskirts of the city.  Consequently, the Irish Government proposed and funded through their 2000-2006 National Development Plan to construct the Galway City Outer Bypass connecting the R336 (which heads west to Connemara) with the N6 which connects Dublin to Galway City.  This Outer Bypass would be about 12 kilometres in length (see map) and pass along the southern edge of Loch Corrib SCI.

The impacts of the proposed bypass on the neighbouring SCI were described in the ecology chapter (Section 5) of the Environmental Statement (ES) published in November 2006.  The ES stated that 3.8 hectares of limestoe pavement would be lost (see page 5/28) though the ECJ judgement (Paragraph 12) states that the impact of the proposed bypass on the SCI amounted to approximately 1.47 hectares of limestone pavement permanently lost as a consequence of the scheme.  I can only assume that there were design amendments post-submission that I haven’t located which explain the differences.

Whilst almost 1.5 hectares of limestone pavement is not a small amount in absolute terms, in the context of the total amount of limestone pavement (270 hectares) within the SCI , it constitutes 0.54 % of the resource and only 0.006 % of the total area of the SCI (i.e. all habitats, not just the limestone pavement).  Placed in this context, the loss, whilst regretable and not desired, was considered, when taking in to account the benefits of the Outer Bypass, of sufficient merit to grant permission.  However, this decision was referred to the ECJ on two counts, hence the ECJ’s involvement.  This blog is dealing with the main (substantive) element of the ECJ’s involvement.  The consequences of this decision will be of great interest to ecologists, developers (who will need to pay great attention to the consequencies and implications) and possibly to a certain Boris de Pfeffel Johnson (Mayor of London).

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