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Draft decision by EPA to grant waste licence for the Waste to Energy Plant at Poolbeg

Waste to Energy Plant at Poolbeg is granted permission by an Bord Pleanála

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Statutory Process

Once a service provider has been appointed to design, build and operate the proposed incinerator, the statutory phase of the planning process will begin. There are three things required by law, that the service provider must do before construction on the plant can begin. They must:

  1. Apply for planning approval to An Bord Pleanála to build the plant
  2. Apply to the Environmental Protection Agency (EPA) for a licence
  3. Apply to the Commission for Energy Regulation (CER) for a licence to generate and supply electricity

It is essential that all three processes be completed and approved before construction of the proposed incinerator can begin. These processes provide opportunities to members of the public to make submissions/observations on the proposed development. Part of the requirement for these processes is the completion of an Environmental Impact Statement (EIS).

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What is an Environmental Impact Statement (EIS)?

The proposed development of the incinerator in Ringsend will require an EIS to be submitted as part of the planning approval and licensing process. The EIS is the end product of a process, which examines the environmental consequences of a development, before the development takes place. When an EIS is submitted along with the application for planning approval, members of the public will be able to view it and can make comments/observations on it.

What must be included in an EIS?

While the exact content of an EIS varies depending on the type of development, there are four main sections that are examined in any EIS and these can be further broken down as follows:

Description of the proposed development
alternatives examined in terms of location, design and processes
characteristics of the project such as site layout, design and size
life cycle of the development from construction, commissioning, operation and closure
Description of the existing environment
environmental baseline, which includes 10 topics - humans, flora, fauna, soils, water, air, climate, landscape, interaction of the above, material assets, cultural heritage
context, character, significance and sensitivity of the above 10 topics
sufficiency of the data available
description of the environment under each of the 10 headings
Assessment of impacts of the proposed development
predicted impacts i.e. impacts that are expected to occur
potential impacts i.e. description of full extent of proposed developments effects and emissions before the proposed mitigation measures become fully effective
residual impact i.e. final or intended impact that occurs after proposed mitigation measures have taken effect

In carrying out the above assessment, the significance of the possible impacts and a description of them must be taken into account in the EIS. This includes a description of the character, magnitude, duration and consequence of the possible impacts.

Measures to mitigate the impact

The EIS can contain a lot of 'jargon' and scientific data, which can sometimes be difficult to follow. In order to make the EIS more accessible to the general there is a requirement that a non-technical summary be included at the start of any EIS.

What is scoping?

The scoping process can be undertaken at the beginning of the preparation of the EIS. The aim of scoping is to identify the main issues that are likely to be important during the Environmental Impact Assessment and it eliminates those that are not. Scoping can be carried out in different ways and can involve contacting organisations to which some aspects of the proposed development may be referred to for comment. It is also important to carry out scoping with local communities to obtain their views or hear any concerns they might have. Overall, the scoping process provides a valuable opportunity for an exchange of views at an early stage and can help avoid delays caused by requests for additional information that may appear later.

The scoping process for the Dublin Waste to Energy project will take place over a number of weeks. The project team are anxious to hear you concerns regarding the proposed development. Click here to have your say.

Planning Process

Normally, when a development is being undertaken, the developer must apply to the local authority for planning permission. In this case however, the planning authority is the developer and so must make an application for approval directly to An Bord Pleanála.

Since 2001, An Bord Pleanála has become responsible for assessing and determining major local authority infrastructural developments, within the functional area of a local authority and for any local authority proposals for the compulsory acquisition of land. As the proposed incinerator at Ringsend is within the functional area of Dublin City Council, it is necessary for them to apply directly to An Bord Pleanála for planning approval. An Bord Pleanála was set up in 1977 and its main function is to act as an independent body to deal with appeal decisions on land development.

Prior to applying for approval, the local authority must make the public aware of its intention to do so and give them a chance to respond to this. This is done by publishing a notice in at least one paper circulating in the area of the proposed development. This notice will describe the location and nature of the proposed development, state that approval is being sought from An Bord Pleanála and that an EIS is being submitted as part of the overall application. It must also give details of when and where the EIS can be inspected free of charge by members of the public (a period of not less than 6 weeks) and it will invite members of the public/organisations to make submissions or observations in writing to An Bord Pleanala, during that six week time frame. When applying for approval, the local authority may extend this six week timeframe and it is intended to do so with the proposed incinerator in Ringsend. This is the first step at which members of the public can become involved.

A copy of the application for approval and the EIS must also be sent to certain prescribed bodies such as the Heritage Council, An Taisce, Failte Ireland, the Dublin Transportation Office etc. to afford them an opportunity to make submissions or observations. In some cases, An Bord Pleanála may request additional information from the applicant in relation to the effects of some aspect of the project, on the environment. If this contains significant additional information, then it may be necessary for the applicant to publish a further notice in the newspapers and invite members of the public to comment. This is the second possible step at which members of the public can become involved.

How do I make a submission/observation?

Once notice has been given that an application for approval has been submitted to An Bord Pleanála, members of the public are entitled to make a submission/observation on the application. All submissions/observations must be made in writing to An Bord Pleanála and must include:

In all cases, submissions/observations must relate to planning issues. The Board (of inspectors) cannot take non-planning considerations into account and any submissions/observations that include such issues will not be entertained. It is also very important to remember that the time limits for making submissions/observations are very strict and cannot be changed so it is a good idea to send in your submission/observation as early as possible.

Can I request an oral hearing?

Any party to an appeal can request an oral hearing to be held, however the Board has absolute discretion whether to hold an oral hearing or not. Generally, oral hearings are held where it will help the understanding of a case that is particularly complex or where there are significant national or local issues involved. Oral hearings are open to members of the public who wish to attend, as well as the applicant and those who have made submissions/observations on the proposed development. Both the applicant and those who have made submissions/observations are given the chance to put their case before the Board. Following the oral hearing, the inspector who has been in charge makes a recommendation to the members of An Bord Pleanála. It is important to note that the members do not have to agree with the recommendations of the inspector

How will I know when the Board has made a decision?

Once the Board has reached a decision, all the parties who have been involved in the application for approval will be notified of the Boards decision. A decision is usually made either

The decision is also posted on the An Bord Pleanála website www.pleanala.ie. This will include a copy of the Boards decision, the reasons and considerations for the decision and a copy of the Inspectors Report will all be available. It is important to note that the Board do not have to accept the recommendations in the Planning Inspectors Report in relation to the granting or refusing of permission. The decision of the Board is final and its validity may only be challenged by way of a judicial review in the High Court, within 8 weeks.

What is a Judicial Review?

A judicial review is a process, which allows the courts to review the process whereby a public body (such as An Bord Pleanála) makes/reaches its decisions. It is important to realise that the focus of a judicial review is on the decision making process rather than on the actual decision itself. An application for a judicial review of the decision of An Board Pleanála must be made within a period of 8 weeks, commencing on the date of the decision of the Board. There are two steps to the judicial review process:

  1. Application to the court for leave to apply for judicial review
  2. Procession to judicial review in a fuller hearing i.e. each side is given time to prepare their case

In order to seek leave to apply for a judicial review, an applicant must show the following:

What else is needed before the development can go ahead?

In order for the proposed incinerator to go ahead, the service provider must also receive a licence from the EPA. This licence will set out strict controls and regulations with regard to emissions to the environment, which must be adhered to for the facility to continue operation. The application for the licence from the EPA is a completely separate process to the application for planning approval thought it generally takes place at the same time.

Click here for pictorial representation of the planning process.

Application For A Licence From The Epa

Will I know that a licence is being sought from the EPA and can I have my say?

Prior to applying for a licence, the applicant must erect a site notice and publish a notice in the newspaper, of its intention to apply. This notice must state that an application is being made to the EPA for a licence and it must also include:

If an EIS is required, it must state that this will be submitted with the application and state that the EIS will be available to view at the headquarters of the EPA

State that a copy of the licence application may be inspected at or obtained from EPA headquarters

Both the licence application and the EIS are then sent into the EPA. At that stage, it is open for anyone to make a submission on an application, within a specified time frame. Details of the application can be obtained by contacting the EPA Headquarters in Wexford. Click here for contact details for EPA

To be valid, a submission must:

All valid submissions must be considered fully by the EPA before making the final decision.

Once the submissions have been received, the EPA will make a 'draft decision' and will issue it to the applicant, to those who made submissions and put it on the website. An opportunity is then provided for the applicant or any other person to make an objection on the 'draft decision', again within a specified time frame. All objections are circulated to all the interested parties and they may then make submissions on the objections of others.

Following this stage, the EPA may decide to hold an oral hearing. All those who have made submissions and the applicant will be notified of the date and time of the oral hearing, at which all parties will be heard. A report of the oral hearing is prepared, and the Board of the EPA will consider this report, as well as any objections and submissions, when making its decision. All the relevant parties will be informed of the decision and it will be posted on the EPA website.

Click here for pictorial representation of EPA licence application.

Application For Licence From Commission For Energy Regulation

What is the Commission for Energy Regulation (CER)?

The CER is the independent body responsible for overseeing the liberalisation of Irelands energy sector. One of the statutory duties of the CER is to promote competition in the generation and supply of electricity. New players entering the electricity generation and supply market must obtain a licence to conduct these activities. There are three different types of licence, which may be granted:

When an application for a licence is obtained, the public have access to the non-confidential aspects of the file. A notice is also given to the local Garda station in the area of the proposed development, to say that the application can be viewed there. A list of applications and contact details is also available from the CER website, www.cer.ie

It can take about 4-5 weeks to process an application for a licence, though the process can take longer. One of the most common things that holds up the granting of an energy licence is the granting of planning permission to the applicant - the licence will not be granted without planning approval.

What has this go to do with incineration?

The incinerator proposed for Ringsend will incorporate energy recovery from the incineration of waste. One of the by-products of the incineration process is electricity. This can be fed into the national grid and used to power homes in the area. As this process involves the generation and supply of electricity, the service provider will have to apply to CER for a licence.

Useful Information

All files below are in Adobe Acrobat PDF format.