Commission rebukes State about `breach' of EIS directive

THE EU Commission has issued a letter of formal complaint to the Government over the State's failure to require Environmental Impact Statements (EIS) on the development of some urban projects and hotel complexes.

The EU action follows a complaint by Lancefort Ltd, a company set up by conservationists, and An Taisce that a number of developments in Ireland which affect the architectural heritage were not the subject of an EIS.

Lancefort and An Taisce had complained that Dublin's Temple Bar, the Historic Area Rejuvenation Project (HARP) in the north inner city and the College Green hotel should have been the subject of an EIS because of their impact on architectural heritage.

In a response, the EU said it had advised the Irish authorities that it considered that EU Directive 85/337/EEC on the requirement for an EIS "has been breached in a number of respects in relation to urban development projects and hotel complexes in Ireland".

The formal letter of complaint, part of an EU Commission "reasoned opinion", points out to the Government that for environmentally significant urban development projects in core historic areas the directive has been left "without meaning".

The wording of the letter of complaint appears to imply that many of Ireland's tax-promoted urban and seaside renewal schemes should have been the subject of an EIS.

Yesterday Lancefort held a press conference at which it was claimed that the architectural heritage of some 50 Irish towns had been compromised as a result of the tax-promoted schemes, and these would now be the subject of a new complaint to be lodged with the EU.

Mr Frank Corcoran, chairman of the Built Environment Committee of An Taisce, said yesterday: "It is now clear that the cultural - that is archaeological - heritage is a key aspect of the environment and that the EU officially recognises a weakness in Irish law in this regard."

He added: "Now that the Irish Government is on notice that they are in breach of EU law in its failure to properly transpose the EU Directive, it must now immediately rectify the situation by means of an amending piece of planning legislation."

A spokesman for the Department of the Environment confirmed yesterday that the Government had received a notice under Article 169 of the treaty, but added that these matters "are not normally commented upon while the various steps are being examined".