Screening Application
Screening for EIA
Screening determination for environmental impact assessment’ means a determination made as part of a screening for environmental impact assessment;
- as to whether a proposed development would be likely to have significant effects on the environment, and
- if the development would be likely to have such effects, that an environmental impact assessment is required.
Where a proposed development is of a class standing specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 and does not exceed the relevant quantity, area or other limit standing specified, an application for a screening for environmental impact assessment in respect of that development may be submitted to the planning authority in whose area the development would be situated.
Where a proposed development is of a class standing prescribed, an application for a screening for environmental impact assessment in respect of that development shall be submitted to the planning authority in whose area the development would be situated.
Application
An application shall contain—
- the name and address of the applicant,
- where the applicant is not the owner or occupier of the land the subject of the proposed development, the name and address of the owner and, where the owner is not the occupier of the land, the occupier,
- a location map for the proposed development,
- a description of the nature and extent of the proposed development and its likely effects on the environment, and
- any such other information as may be prescribed by the Minister,
and be accompanied by such fee as may be prescribed.
Process
For the purposes of enabling a planning authority to carry out a screening for environmental impact assessment on foot of an application, the authority may do either or both—
- seek further information that it considers necessary from the applicant or any other person that the authority considers appropriate, and
- consult any body prescribed by the Minister for the purposes of this subsection and consider any views of that body,
and, in either case, the authority shall specify the period within which the information or views concerned are required to be received by the authority.
Where the applicant is not the owner or occupier of the land the subject of the proposed development, the planning authority concerned shall invite in writing—
- the owner to make a submission on an application made , and
- where the owner is not the occupier of the land, the occupier of that land to make such a submission,
and, in either such cases, the authority shall specify the period within which the submission or submissions is or are required to be received by the authority.
A planning authority may reject an application if in the opinion of the authority the application is incomplete in any material detail.
Screening for Appropriate Assessment
A planning authority shall, where appropriate, carry out screening for appropriate assessment in respect of a proposed development in the above categories at the same time as carrying out a screening for environmental impact assessment.
A planning authority shall, on foot of an application carry out a screening for environmental impact assessment in respect of the proposed development—
where further information, views or submissions are duly sought and duly received by the authority within the period specified within the period of 3 weeks from the date that such information, views or submissions are so received, or where further information, views or submissions are not sought by the planning authority within the period of 4 weeks from the receipt of the application .
Before making a decision on an application , the planning authority shall—
- consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001, and
- have regard to any information, views or submissions received.
Determination
A planning authority shall give notice in writing of its screening determination for environmental impact assessment made to
- the applicant,
- any person or body consulted and
- either or both the owner and the occupier, as appropriate in the circumstances,
and the notice shall include—
- the planning authority’s reasons for that decision, and
- information concerning referral of the determination to the Board for review .
A planning authority shall publish the screening determination for environmental impact assessment either or both on its website, and in a newspaper circulating in the area where the proposed development would be situated,
Review of screening determination
Where a screening determination for environmental impact assessment is made by a planning authority , parties concerned may, within 3 weeks of the issuing of the determination and on payment to the Board of the appropriate fee, refer the determination for review by the Board.
Where an application was made and no screening determination for environmental impact assessment has been issued by a planning authority within the appropriate period of time provided for , then the person who made the application may within the period of 3 weeks after the latest date by which that determination was due to be issued , and on payment to the Board of the appropriate fee, refer the application in question to the Board for determination, and the authority concerned shall repay to the applicant the fee paid to the authority.
Board Process & Determination
The Board shall, where appropriate, carry out screening for appropriate assessment in respect of the proposed development at the same time as making a determination under this section in respect of the development. Before making a determination under this section, the Board shall—
- consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001, and
- have regard to any information, views or submissions made in any determination made by the planning authority.
The Board shall make a determination on the determination review or the application referral—
- within 5 weeks of receiving from the planning authority the documents , or
- where the Board requests from the applicant, or any other person that it considers appropriate, further information with regard to the determination review or application referral in order to enable the Board to make a determination and specifies the period within which the information or views concerned are required to be received by the Board, within 4 weeks of the due receipt of the further information.
A determination review or a determination on foot of an application referral under this section shall consist of a determination by the Board—
- as to whether a proposed development would be likely to have significant effects on the environment, and
- if the development would be likely to have such effects, that an environmental impact assessment is required.
Board Publication
The Board shall give notice in writing of its determination under this section to—
- the planning authority,
- the applicant,
- any person or body consulted ,
- either or both the owner and the occupier, as appropriate in the circumstances, and
- any other person, requested by the Board to provide further information with regard to the determination review or application referral,
by issuing in writing to each of them a notice to that effect and the notice shall include the Board’s reasons for that decision.
On notification by the Board of a determination uthe planning authority shall publish the determination, either or both—
- on its website, and
- in a newspaper circulating in the area where the proposed development would be situated,
together with a notice—
- indicating the place or places at which the documents relating to the making of its determination are available for inspection and purchase by members of the public and, where applicable, the availability of the said documents for inspection by electronic means,
- stating that a person may question the validity of the determination by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ), in accordance with sections 50 and 50A of the Act of 2000, and
- identifying where practical information on the mechanism for questioning the validity of the determination can be found.
The Board shall—
- keep a record of any determination made by it under this section and the main reasons and considerations on which its determination was based,
- from time to time, but at least once in every year, forward to each planning authority a copy of the record and
- make the record available for purchase and inspection during office hours or available on its website or both.