light of the above I must conclude that the withdrawal of the original application by Eirgrid ‘In was made the knowledge of the national rules applicable at the time of the submission of the “in and that it could have only been done in the full knowledge of the implications that a new file” application file requiring new examination would have been required’. It should be noted that, despite the DG Energy direction, there was not unanimous approval by the Board of ABP, with a 4:1 decision being recorded. The N-S interconnector is now a SID project and also a PCI project. The dual role of ABP as statutory planning and consent granting body and Competent Authority for PCI raises public concerns regarding conflict of interest. The pronouncement from ABP in the PCI of ‘Manual Permit Granting Process is that its duties under Regulation 347 will not affect its Procedures’ impartial assessment of planning and that neither role will impinge on the other applications’ ‘ It is our and the separate administrative unit will maintain this division of function’. understanding, however, that such separation does not exist letter from ABP 19 September – 2014: An Bord Pleanála was designated as Competent Authority for Projects of Common Interest on 4th December, 2013 in accordance with Regulation 347/2013. The Manual of Procedures was published on 15th May, 2014. The Manual states that An Bord Pleanála a PCI Unit to administer the PCI process separate from “will establish its Strategic Infrastructure or Planning Appeals Units”. The PCI Unit was established shortly afterwards. Projects of Common Interest are still a relatively new function for the organisation and the PCI Unit is still in a transitional phase. The Unit is an administrative unit reflecting the view Board’s that under the approach adopted by the State the “Collaborative Scheme” Board’s PCI permit granting role is principally one of co-ordinating the issuing of all the consents and decisions, including planning consents, required from all relevant authorities and to monitor compliance with time limits agreed for the issue of such consents. The Director of Planning has managerial responsibility for Planning Appeals, Strategic Infrastructure and Projects of Common Interest and directs and advises all 3 Sections.
‘In light of the above I must conclude that the withdrawal of the original application by Eirgrid was made “in the knowledge of the national rules applicable at the time of the submission of the file” and that it could have only been done in the full knowledge of the implications that a new application file requiring new examination would have been required’. It should be noted that, despite the DG Energy direction, there was not unanimous approval by the Board of ABP, with a 4:1 decision being recorded. The N-S interconnector is now a SID project and also a PCI project. The dual role of ABP as statutory planning and consent granting body and Competent Authority for PCI raises public concerns regarding conflict of interest. The pronouncement from ABP in the PCI ‘Manual of Permit Granting Process Procedures’ is that its duties under Regulation 347 will not affect its impartial assessment of planning applications’ and that ‘ neither role will impinge on the other and the separate administrative unit will maintain this division of function’. It is our understanding, however, that such separation does not exist – letter from ABP 19 September 2014: An Bord Pleanála was designated as Competent Authority for Projects of Common Interest on 4th December, 2013 in accordance with Regulation 347/2013. The Manual of Procedures was published on 15th May, 2014. The Manual states that An Bord Pleanála “will establish a PCI Unit to administer the PCI process separate from its Strategic Infrastructure or Planning Appeals Units”. The PCI Unit was established shortly afterwards. Projects of Common Interest are still a relatively new function for the organisation and the PCI Unit is still in a transitional phase. The Unit is an administrative unit reflecting the Board’s view that under the “Collaborative Scheme” approach adopted by the State the Board’s PCI permit granting role is principally one of co-ordinating the issuing of all the consents and decisions, including planning consents, required from all relevant authorities and to monitor compliance with time limits agreed for the issue of such consents. The Director of Planning has managerial responsibility for Planning Appeals, Strategic Infrastructure and Projects of Common Interest and directs and advises all 3 Sections.
EU-Commission-complaint-by-NEPPC-15-November-20141.docx