Case status: Findings adopted on 19.08.2019 – Non-compliance found.
Follow-up: On-going; see Decision VII/8i.
Topics: Public participation.
Articles alleged: 6; 7.
Articles considered by the Committee: 6 (1) (a), 6 (10); 7.
Articles, if any, found in non-compliance: 6 (10).
Summary: On 11 November 2013, Mr. Kieran Cummins, a member of the public, submitted a communication to the Compliance Committee alleging the failure of Ireland to comply with its obligations under articles 6 and 7 of the Convention. Specifically, the communicant alleged that the Party concerned failed to ensure public participation in a decision-making procedure to extend the duration of a quarry.
| Document | Status | Date received or posted by the secretariat |
|---|---|---|
| Communication | From the communicant | 11.11.2013 |
|
Annex 2 - Planning application 2a Letter enclosing applications 399 and 400 2b Application form 399 2c Written application 399 2d Application form 400 2e Written application 400 Annex 3 - Planning permission 3a Notice of permission 399 3b Notice of permission 400 3c Notice of permission 581 Annex 4Annex 5 - Enforcement and Retention Application 5a Enforcement notice 5b Site notice Annex 6 - Photographs 6a Index of photos 6b Photo 0375 6c Photo 0388 6d Photo 0407 |
From the communicant | 17.02.2014 |
| Letter to communicant | From the secretariat | 21.11.2014 |
| From the communicant | 19.12.2014 (dated 14.12.2014) | |
| Comments on preliminary admissibility | From the Party concerned | 27.03.2015 |
| Comments on preliminary admissibility | From the communicant | 27.03.2015 |
| Email to inform parties that communication determined to be preliminarily admissible | From the secretariat | 09.04.2015 |
| Letter to Party concerned enclosing preliminary determination of admissibility and forwarding communication for Party concerned's response | From the secretariat | 29.06.2015 |
| Covering email enclosing response to communication Annex 1 : Planning applications Annex 2 : Planning and Development Act |
From the Party concerned | 27.11.2015 |
| Comments on the Party concerned's response | From the communicant | 14.12.2015 |
| Opening statement for hearing at Committee's 52nd meeting | From the Party concerned | 09.03.2016 |
|
Annex 1: S.50B of the Irish Planning and Development Act 2000 Annex 2: Environment and Miscellaneous Provisions Act 2011 Ireland |
From observer, Environmental Pillar | 13.09.2016 |
| Letter to the parties enclosing questions from the Committee | From the secretariat | 28.10.2016 |
|
Annex: Bill of costs issued by High Court, 01.02.2013 |
From the communicant | 18.11.2016 |
|
Annex 1: Map Annex 2: Satellite image |
From the Party concerned | 18.11.2016 |
|
Comments on communicant's reply to questions Annex 1a: 1998 public notice, picture 1 |
From the Party concerned | 28.11.2016 |
| Comments on Party concerned's reply to questions | From the communicant | 28.11.2016 |
| Comments on communicant's and Party concerned's replies to questions | From observer (Environmental Pillar) | 28.11.2016 |
|
Annex 1: Access to information request, 08.04.2013 |
From the communicant | 01.12.2016 |
| Email to Party concerned seeking clarification of which information it considers should be redacted | From the secretariat | 20.02.2017 |
| Reply to clarification request on redaction of information | From the Party concerned | 10.03.2017 |
| Comments on the reply from the Party concerned regarding the redaction of information | From the communicant | 08.06.2017 (dated 06.06.2017) |
| Update on developments | From the communicant | 01.12.2017 (dated 28.11.2017) |
| Request to the Party concerned for information | From the secretariat | 08.11.2018 |
| Reply to the Committee's request for information Annex 1: Section 42 of the Planning and Development Act 2000, as it will be after section 28(1) Planning and Development (Housing) and Residential Tenancies Act 2016 has been commenced Annex 2: Friends of the Irish Environment v. Fingal County Council Annex 3: Merriman v. Fingal County Council |
From the Party concerned | 27.11.2018 |
| Request from Committee for brief clarification regarding relevant legal framework | From the secretariat | 15.05.2019 |
| Reply to Committee's request for clarification | From the communicant | 29.05.2019 |
| Reply to Committee's request for clarification | From the Party concerned | 31.05.2019 |
| Draft findings and letters to the Party concerned and communicant inviting their comments | From the secretariat | 03.07.2019 |
| Comments on the draft findings | From the Party concerned | 14.08.2019 |
| Comments on the draft findings | From the communicant | 14.08.2019 |
| Comments on the draft findings | From observer (Irish Environmental Network) | 14.08.2019 |
| Findings ENG FRE RUS | 19.08.2019 | |
| Progress report on the implementation of the Committee’s findings and recommendations | From the Party concerned | 01.10.2020 |
| Comments on the Party concerned's progress report on the Committee’s findings on communication ACCC/C/2013/107 | From the communicant | 31.10.2020 (dated 27.10.2020) |
| Observer statement Annex 1: Planning and Development (Housing) and Residential Tenancies Act 2016, commencement dates Annex 2: Law Reform Commission version of Section 28 of the Planning and Development (Housing) and Residential Tenancies Act 2016 Act as amended by the 2018 Act Annex 3: Law Reform Commission version of Section 42 of the Planning and Development Act 2000 |
From observer (Irish Environmental Network) | 29.05.2021 |
| Update | From the Party concerned | 10.06.2021 |
| Letters to the Party concerned and the communicant inviting their comments on the Committee's draft report to MOP7 on its findings on communication ACCC/C/2013/107 | From the secretariat | 04.07.2021 |
| Email enclosing update Annex 1: Planning and Development (Amendment) Bill no. 3, 2021 (as initiated) Annex 2: Planning and Development (Amendment) Bill no. 3, 2021 (as passed by Seanad) Annex 3: Planning and development (Amendment) Bill no. 3, 2021 – amendments scheduled for the Dáil stage |
From observer Irish Environmental Network | 06.07.2021 |
| Comments on the Committee’s draft report | From the communicant | 21.07.2021 (dated 20.07.2021) |
| Comments on Committee's draft report and on comments of observer (Irish Environmental Network) | From the Party concerned | 21.07.2021 (dated 19.07.2021) |
| Comments on the Committee’s draft report Annex 1: Extract of section 7 of the Planning and Development (Amendment) Act 2021 Annex 2: Extract from Dáil Debates relating to Aarhus & links to amendments proposed |
From the observer, Irish Environmental Network | 21.07.2021 |
| Report to the Meeting of the Parties on communication ACCC/C/2013/107 ENG FRE RUS | 26.07.2021 | |
| Additional information Annex 1: Planning and Development (housing) and Residential Tenancies Act 2016 (Commencement) Order 2021 Annex 2: European Union (Planning) (Habitats, Birds and Environmental Impact) Regulations 2021 Annex 3: European Union (Planning) (Habitats, Birds and Environmental Impact) (no. 2) Regulations 2021 Annex 4: Planning and Development (Amendment) Act 2021 (Commencement) (no. 2) Order 2021 Annex 5: Planning and Development (Amendment) (no. 3) Regulations 2021 Annex 6: Planning and development act 2000 revised 09.09.2021 Annex 7: Circular letter EUIPR 01/2021, 10.09.2021 |
From the Party concerned | 15.10.2021 |
