Following the enactment of the Planning and Development (Amendment) Act, 2018, responsibility for granting development consent for the construction of forest entrances onto public roads (other than national roads[1]) or the material widening of an existing entrance, has been transferred to the Department of Agriculture Food and the Marine under the Single Consent System.
Section 8 of the Planning and Development (Amendment) Act, 2018, makes provision for the Department of Agriculture, Food and the Marine to act as the consenting authority for the construction, maintenance or improvement of a road that serves a forest or woodland and ancillary works. This section was commenced by order of Minister for Housing, Planning and Local Government (DHPLG), Eoghan Murphy on 7th February, 2020 and on that day, Minister for Agriculture, Food and the Marine signed the Forestry (Amendment) (No. 2) Regulations, 2020 (S.I. No. 39/2020).
Officials of the Department worked closely with colleagues in DHPLG and the Department of Transport Tourism and Sport (DTTAS). Together they produced the ‘Forest Entrances - Requirements for Mandatory Consultation’ document, and the ‘Technical Standard – Design of Forest Road Entrances’ document, both of which are already available on the Department of Agriculture and DTTAS websites.
Applicants for a Forest Road Works licence, that includes a forest road entrance from a public road, (excluding national roads), or the material widening of an existing entrance will be required to submit certain documentation to the Department of Agriculture, Food and the Marine. These documents will form the application pack, which will be forwarded to the Director of Services (Roads), Tipperary County Council, as part of the mandatory consultation process. Tipperary County Council will have eight weeks, from the date of the application pack, in which to respond. In the absence of a response, the Department of Agriculture will determine that Tipperary County Council has no comment and will decide the application based on the information provided.
When a decision is made by the Department, a copy of the decision will be issued to Tipperary County Council, amongst others. When the licence holder is ready to proceed with the works, a Commencement Notice will be submitted to this Department. This in turn will be sent to Tipperary County Council. The Director of Services (Roads) will be provided with an opportunity for comments within two weeks of the date of the Commencement Notice. Finally, on completion of the works, Tipperary County Council will be requested to provide comments within 28 days of the date of the Completion Certificate, which is submitted by the applicant.
Bodies applying to Tipperary County Council for a Relaxation or Departure to a Technical Standard, before formally applying to the Department should email: forestroadapplications@tipperarycoco.ie
Hereunder please find the ‘Forest Entrances – Requirements for Mandatory Consultation’ and a copy of the amended Forestry Regulations. Further queries may be addressed to forestryappenq@agriculture.gov.ie
____________________________________________________________________________________________
[1] “National Road” is defined as a public road or proposed public road which is classified as a national road under section 10 of the Roads Act 1993.
Attachment | Size |
---|---|
121.97 KB | |
2.37 MB | |
460.81 KB |