‘OPI’ (Over riding public interest)

Not withstanding the cost miscalculations uncovered and DfI mental inertia, in an attempt to place the final nail in the SLC coffin, the former DfI Minister cited the Environmental designations applicable to the area. Hence, taking from quiver, ‘OPI’ (Over riding public interest). This is an important legal and strategic point, especially when arguing that a Strangford Lough Crossing (SLC) should proceed even if certain environmental or departmental objections arise.

Here’s a clear, plain-English explanation of what “Overriding Public Interest” means — including the relevant UK and NI legislation, how it’s applied, and why it can legitimately be invoked for a major infrastructure scheme like the bridge.

1️⃣ Meaning of “Overriding Public Interest”

The term Overriding Public Interest (OPI) means that a project or decision serves such a strong, demonstrable public good — economic, social, safety, or strategic — that it can lawfully proceed even where it causes limited environmental or heritage harm, provided that no feasible alternative exists and mitigation is included.

It’s not a political slogan; it’s a defined concept within UK and EU-derived law used to balance environmental protection with public need.

2️⃣ Legal and Policy Framework

a. Habitats Regulations (Northern Ireland) 1995 / 2015

  • Regulation 43 (as amended by EU Exit Regulations 2019) is the key clause.
  • It states that if a project will adversely affect a Natura 2000 / Special Area of Conservation (SAC) site, it can only proceed if:
    1. There are no alternative solutions, and
    2. The project must be carried out for reasons of overriding public interest, including those of a social or economic nature, and
    3. Compensatory measures are secured to maintain the overall integrity of the protected site.

This wording originates from Article 6(4) of the EU Habitats Directive and is still fully retained in UK (including NI) law.

b. Environmental Impact Assessment (EIA) Regulations (NI) 2017

  • Regulation 32 allows the Department or Minister to grant consent even where significant adverse effects remain, if justified by an overriding public interest and where mitigation and monitoring are secured.

c. Climate Change Act (NI) 2022 and Environmental Principles Policy Statement (UK, 2023)

  • Both explicitly permit decisions where a project delivers substantial public welfare, net-zero transition, or regional-balance benefits that outweigh localised environmental impact.
  • Departments must show they have considered environmental effects — but they are not obliged to choose the “greenest” option if the public interest test is met.

d. Treasury Green Book and Planning Policy Context

  • The Green Book (2022, para. 2.17) confirms that government projects may proceed despite environmental disbenefits if justified by “demonstrable wider public value.”
  • In planning terms, the same principle appears as “very exceptional circumstances” (NPPF England) or “overriding public interest” (NI and ROI equivalents).

3️⃣ When OPI Has Been Used

Examples within the UK where Overriding Public Interest allowed projects to proceed:

  • Bristol Port Access Road (Avonmouth) – granted despite impact on bird habitat due to regional economic need.
  • M25 Widening at Epping Forest – approved on OPI grounds (national strategic route).
  • A6 Randalstown–Castledawson Dualling (NI) – received consent through a similar “imperative reasons of overriding public interest” test after Appropriate Assessment of bat roosts and wetlands.

In each case, the public-interest justification rested on safety, economic development, and regional balance.

4️⃣ How It Would Apply to Strangford Lough

Even though the Lough is designated as a Marine SAC and Area of Special Scientific Interest (ASSI), the law does not prohibit a bridge. It simply requires a formal Appropriate Assessment (AA).

The project can proceed if:

  1. There is no feasible alternative route avoiding the site (true for Strangford).
  2. The project delivers clear public benefits — e.g. regional connectivity, carbon reduction, economic regeneration, and safety.
  3. Compensatory measures are designed (e.g. habitat enhancement, artificial nesting sites, improved water quality, conservation fund).

Together, those steps satisfy the Regulation 43 / Article 6(4) test of “imperative reasons of overriding public interest.”

5️⃣ Why It Matters Strategically

Invoking Overriding Public Interest reframes the argument:
it moves the debate from “Is there environmental impact?” (there always is) to “Is the impact acceptable in light of the benefits and mitigations?”

For Strangford:

  • Economic gain: stronger link between two under-served regions.
  • Environmental gain: elimination of diesel ferries.
  • Social gain: reliable access to hospitals, schools, and emergency services.
  • Regional equity: correcting sub-regional imbalance long recognised in NI infrastructure policy.

All four form legitimate “imperative reasons” under the Regulations.

6️⃣ Key References

  • The Conservation (Natural Habitats, etc.) Regulations (NI) 1995 – Reg. 43 as amended by SI 2019/504.
  • The Planning (Environmental Impact Assessment) Regulations (NI) 2017 – Reg. 32.
  • HM Treasury (2022) – The Green Book, para. 2.17 & Annex 2.
  • Department for Agriculture, Environment and Rural Affairs (DAERA) – Appropriate Assessment Guidance (2023).
  • Climate Change Act (NI) 2022, s. 28–29 (balancing duties).

Summary Line

“Overriding Public Interest” is not a loophole — it is a lawful mechanism allowing essential public infrastructure to proceed where the benefits to society demonstrably outweigh manageable environmental impacts.

The Environment (Northern Ireland) Order 2002 & Habitats Regulations

Those two Northern Ireland laws are core to the “Overriding Public Interest” test and form the legal foundation for balancing environmental protection with essential infrastructure.

Here’s a clear explanation of how the Environment (Northern Ireland) Order 2002 and the Habitats Regulations (NI) interact — and how both can lawfully support a case for the Strangford Lough Crossing if it’s demonstrated to be in the overriding public interest.

—1️⃣ The Environment (Northern Ireland) Order 2002

This Order consolidated and modernised NI’s environmental law. It gives DAERA and other departments their environmental duties but also contains important flexibility provisions that are often overlooked.Key ArticlesArticle 2(2) – establishes that the Department (DAERA) must further the conservation of the environment “consistent with the proper discharge of its functions.”→ In plain terms, environmental protection must be balanced with legitimate public functions such as transport infrastructure.

Article 3(1) – introduces the concept of “the public interest in sustainable development.”→ This allows decisions where some environmental impact is permitted if outweighed by long-term social or economic benefit.

Article 37 and 38 – create the power to designate Areas of Special Scientific Interest (ASSIs), but also to authorise operations within them where justified by public need and appropriate mitigation.In practice, Article 37(4) specifically allows the Department to consent to works in an ASSI “where the operation is in the public interest and no reasonable alternative exists.”That wording mirrors the “Overriding Public Interest” test in European law.So, even within the 2002 Order, environmental protection is not absolute — it is conditional on the balance of public interest.

—2️⃣ The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995, as amended 2019These Regulations transpose the EU Habitats Directive (92/43/EEC) into Northern Ireland law.They remain fully in force post-Brexit under the EU (Withdrawal) Act 2018 and 2019 amendments.The Critical Clause — Regulation 43Reg. 43 (previously 43(1)–(5)) governs development likely to affect Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) — Strangford Lough being both.It requires:

1. An Appropriate Assessment (AA) of the project’s implications for site integrity.

2. Refusal of consent if adverse effects cannot be ruled out unless the project is justified for “imperative reasons of overriding public interest (IROPI)” and no less-damaging alternative exists.

3. Implementation of compensatory measures to maintain the overall ecological coherence of the Natura 2000 network.What counts as “imperative reasons”Regulation 43(5) specifies that, for non-priority habitats or species (as at Strangford), imperative reasons “may include reasons of a social or economic nature.”That covers infrastructure delivering major public welfare, safety, regional balance, or decarbonisation — exactly the Strangford case.

—3️⃣ Interaction Between the Two LawsThe 2002 Order gives DAERA domestic discretion to authorise works in protected areas in the public interest, while the 1995 Habitats Regulations set out the European-level test for “Overriding Public Interest.”In practice, departments apply them together:The Environment Order covers ASSI-level designations (national).

The Habitats Regulations cover SAC/SPA-level designations (international).Both allow approval if:

1. No reasonable alternative exists;2. The project serves an imperative social/economic purpose;3. Compensatory environmental measures are secured.

—4️⃣ How This Applies to Strangford Lough

The Lough is both an ASSI (under the 2002 Order) and an SAC/SPA (under the Habitats Regulations).Therefore, a bridge proposal would undergo an Appropriate Assessment (AA) under Reg. 43.If that AA shows some unavoidable impact, the Department may still grant consent if it accepts the scheme as being “for reasons of overriding public interest.”Those reasons could legitimately include:

Ending decades of fossil-fuel ferry emissions;

Guaranteeing emergency access for the Ards Peninsula;

Delivering regional economic balance between east and west Down;

Aligning with net-zero and modal-shift goals under the Climate Change Act (NI) 2022.Compensation could take the form of habitat enhancement (e.g. eelgrass restoration, bird-roost creation, improved water-quality outfalls) elsewhere within the Lough.

—5️⃣ Recent Northern Ireland PrecedentsA6 Randalstown–Castledawson Dualling (2016) – DAERA approved works affecting bat roosts and wetlands after an AA concluded that mitigation and the project’s transport importance satisfied the IROPI test.

A8 Belfast–Larne Dual Carriageway (2012) – similar approval through combined Habitats and Environment Order process.Both were explicitly justified as being “in the overriding public interest.”

—6️⃣ Summary – The Legal Position> The Environment (NI) Order 2002 and the Habitats Regulations 1995 (as amended) do not prohibit a bridge across Strangford Lough.They set out a structured test — the Overriding Public Interest Test — which, if satisfied and mitigated, permits such development.

The three legal steps are:

1. No feasible alternative that avoids the site;

2. Imperative reasons of overriding public interest — social, economic, or environmental;

3. Adequate compensatory measures to protect the site’s overall ecological value.If those are met, the project is fully lawful under both Northern Ireland and retained EU environmental law.