Screening Application
Planning and Development Act
Application for screening for environmental impact assessment
176A. (1) In this section and sections 176B and 176C—
“screening determination for environmental impact assessment” means a determination made as part of a screening for environmental impact assessment;
“screening for environmental impact assessment” means a determination—
(a) as to whether a proposed development would be likely to have significant effects on the environment, and
(b) if the development would be likely to have such effects, that an environmental impact assessment is required.
F806[(1A) A planning authority shall not consider an application under this section in respect of proposed development to which Chapter II of Part XXI applies, unless the applicant—
(a) is the holder of a—
(i) maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or
(ii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,
(b) is the owner of land on which it is proposed to carry out the development concerned,
(c) is the lessee, under a lease granted under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, or
(d) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.]
(2)(a) Subject to section 176B, 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 equal or exceed, as the case may be, the relevant quantity, area or other limit standing specified in that Part, 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.
(b) Subject to section 176B, where a proposed development is of a class standing prescribed under section 176 for the purposes of this paragraph, 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.
(3) An application under subsection (2) shall contain—
(a) the name and address of the applicant,
F807[(b) where the applicant is not the owner or occupier of the land that is the subject of the proposed development, the name and address of the owner (if any) and, where the owner is not the occupier of the land, the occupier (if any),]
(c) a location map for the proposed development,
(d) a description of the nature and extent of the proposed development, its characteristics, its likely significant effects on the environment (including the information specified in Schedule 7A to the Planning and Development Regulations 2001) including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account, and
(e) any such other information as may be prescribed by the Minister,
and be accompanied by such fee as may be prescribed under section 246(1)(ca).
(3A) An application under subsection (2) may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.
(4) For the purposes of enabling a planning authority to carry out a screening for environmental impact assessment on foot of an application under subsection (2), the authority may do either or both—
(a) seek further information that it considers necessary from the applicant or any other person that the authority considers appropriate, and
F808[(b) consult any person—
(i) to whom a planning authority is required to send a notice in accordance with Article 28 of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001), or
(ii) prescribed by the Minister,
and consider any submissions or observations made by that person,]
and, where paragraph (a) or (b) applies, the authority shall specify the period within which the information or views concerned are required to be received by the authority.
(5) Subject to subsection (5A), 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—
(a) the owner F806[(if any)] to make a submission on an application made under subsection (2), and
F807[(b) where the owner is not the occupier of the land, the occupier (if any) of that land to make such a submission,]
and, where paragraph (a) or (b) applies, the authority shall specify the period within which the submission or submissions is or are required to be received by the authority.
(5A) The invitation under subsection (5) shall state that the owner or occupier may provide a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.
(6) A planning authority may reject an application under subsection (2) if in the opinion of the authority the application is incomplete in any material detail.
(7) Where a planning authority rejects an application in accordance with subsection (6), it shall—
(a) subject to subsection (8), return the documents to which subsection (3) relates to the applicant, F809[…] and
(b) give reasons for its decision to the applicant,
and, where the applicant is not the owner or occupier of the land the subject of the proposed development, F807[the planning authority shall also notify the owner (if any) or, where the owner is not the occupier of the land, the occupier (if any) of its decision under subsection (6)].
(8) Subsection (7) is without prejudice to the planning authority—
(a) making a copy of a document,
(b) retaining an electronic copy of a document, or
(c) by agreement with the applicant concerned, retaining a document,
to which that subsection relates.]
Annotations
Amendments:
F805
Inserted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 21, in effect as per reg. 2(2).
F806
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 34, S.I. No. 488 of 2022.
F807
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 34, S.I. No. 488 of 2022.
F808
Substituted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. No. 646 of 2018), reg. 2(a), in effect as per reg. 1(2).
F809
Deleted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. No. 646 of 2018), reg. 2(b), in effect as per reg. 1(2).
Modifications (not altering text):
C138
Application of section restricted during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 22, S.I. No. 270 of 2017. Note that the version of s. 176A then referred to was not commenced.
Definitions (Chapter 1)
3. In this Chapter— …
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
…
Construction of the Fourth Schedule (reasons for the refusal of permission which exclude compensation) to Act of 2000 during specified period
22. Sections 176A, 176B and 176C shall not apply during the specified period to a proposed strategic housing development in respect of which a prospective applicant has, in accordance with section 7(1)(a), requested the Board to make a determination whether it is likely to have significant effects on the environment.
Editorial Notes:
E351
Previous affecting provision: subs. (7)(a) amended by Planning and Development (Amendment) Act 2018 (16/2018), s. 33, not commenced as of date of revision; this amendment is now redundant as it was made (1.01.2019) as per F-note above.
E352
Previous affecting provision: section inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 26, not commenced; inserted as per F-note above.
F810[
Screening for environmental impact assessment
176B. (1) A planning authority shall, where appropriate, carry out screening for appropriate assessment in respect of a proposed development as provided for by section 177U(10) at the same time as carrying out a screening for environmental impact assessment in respect of the development under subsection (2).
(2) Subject to subsections (1) and (2A), a planning authority shall, on foot of an application under subsection (2) of section 176A and to which subsections (6) and (7) of that section do not relate, carry out a screening for environmental impact assessment in respect of the proposed development—
(a) where further information, views or submissions—
(i) are duly sought by the planning authority under subsection (4) or (5) of section 176A, and
(ii) are duly received by the authority within the period specified under the said subsection (4) or (5),
within the period of 3 weeks from the date that such information, views or submissions are so received, or
(b) where further information, views or submissions are not sought by the planning authority under subsection (4) or (5) of section 176A, as the case may be, within the period of 4 weeks from the receipt of the application under section 176A(2).
(2A)(a) Subject to paragraph (b), the planning authority shall not be required to comply with subsection (2)(a) or (b) within the period of 3 weeks or 4 weeks, as the case may be, referred to in that subsection where it appears to the planning authority that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.
(b) Where paragraph (a) applies, the planning authority shall, by notice in writing served on—
(i) the applicant,
(ii) the owner F811[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,
(iii) the occupier F811[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and
(iv) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),
before the expiration of the period of 3 weeks or 4 weeks, referred to in subsection (2)(a) or (b), as the case may be, inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify the date before which the authority intends that the screening determination for environmental impact assessment concerned shall be made.
(3)(a) Before making a decision on an application under section 176A(2), the planning authority shall—
(i) 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,
(ia) take into account—
(I) the information provided pursuant to section 176A(3)(d), and
(II) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and
(ii) have regard to any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A).
(b) A planning authority shall include, or refer to, in its screening determination for environmental impact assessment made under this section the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which such determination is based.
(3A)(a) Paragraph (b) applies where the screening determination for environmental impact assessment made under this section is that the proposed development would not be likely to have significant effects on the environment and there has been provided, under section 176A(3A) or (5A), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the proposed development.
(b) A planning authority shall specify such features, if any, and such measures, if any, in its screening determination for environmental impact assessment made under this section.
(4) A planning authority shall give notice in writing of its screening determination for environmental impact assessment made under this section to—
(a) the applicant,
(b) any person or body consulted under section 176A(4), and
F812[(c) where subsection (5) of section 176A applies, the owner (if any) and the occupier (if any) of the land that is the subject of the proposed development,]
and the notice shall include—
(i) the planning authority’s reasons for that determination, and
(ii) information concerning referral of the determination to the Board for review under section 176C.
(4A) The notice under subsection (4) shall be placed with any application for consent for proposed development subsequently made in respect of which an application for a screening for environmental impact assessment was made under section 176A(2).
(5) A planning authority shall publish the screening determination for environmental impact assessment, either or both—
(a) on its website, and
(b) in a newspaper circulating in the area where the proposed development would be situated,
together with a notice—
(i) stating that the determination may be referred to the Board for review by—
(I) the applicant,
(II) the owner F811[(if any)] of the land, where he or she is not the applicant,
(III) the occupier F811[(if any)] of the land, where he or she is not the applicant or the owner of the land, and
(IV) any person or body consulted by the planning authority about the application,
(ii) stating that a person may question the validity of either or both—
(I) the screening determination for environmental impact assessment by the planning authority, and
(II) any determination by the Board of the said screening determination,
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, and
(iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found.
(6)(a) Where a planning authority makes a screening determination for environmental impact assessment under this section, the following documents shall, within 3 working days, be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours for at least the minimum period referred to in paragraph (b):
(i) a copy of the application made under section 176A(2) and any description, information, views, submissions, particulars, evidence, written study or further information received or obtained from—
(I) the applicant,
(II) the owner F811[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,
(III) the occupier F811[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and
(IV) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),
(ii) a copy of any report prepared by or for the authority in relation to the application, and
(iii) a copy of the screening determination for environmental impact assessment made under this section by the authority.
(b) The minimum period for the purposes of paragraph (a) is 8 weeks from the date of the screening determination for environmental impact assessment made under this section by the planning authority.]
Annotations
Amendments:
F810
Inserted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 21, in effect as per reg. 2(2).
F811
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 35, S.I. No. 488 of 2022.
F812
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 35, S.I. No. 488 of 2022.
Modifications (not altering text):
C139
Application of section restricted during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 22, S.I. No. 270 of 2017. Note the version of s. 176B then referred to was not commenced.
Definitions (Chapter 1)
3. In this Chapter— …
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
…
Construction of the Fourth Schedule (reasons for the refusal of permission which exclude compensation) to Act of 2000 during specified period
22. Sections 176A, 176B and 176C shall not apply during the specified period to a proposed strategic housing development in respect of which a prospective applicant has, in accordance with section 7(1)(a), requested the Board to make a determination whether it is likely to have significant effects on the environment.
Editorial Notes:
E353
Previous affecting provision: section inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 26, not commenced; substituted as per F-note above.
F813[
Review of screening determination for environmental impact assessment
and referral of application for screening for environmental impact assessment
176C. (1) Where a screening determination for environmental impact assessment is made by a planning authority under section 176B, any person to whom subsection (4) or (5) of that section relates 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 (in this section referred to as a “determination review”) by the Board.
(2) Without prejudice to section 176B, where an application was made under section 176A and no screening determination for environmental impact assessment has been issued by a planning authority within the appropriate period of time provided for by section 176B(2), then—
(a) the person who made the application may—
(i) within the period of 3 weeks after the latest date by which that determination was due to be issued under section 176B(2), and
(ii) on payment to the Board of the appropriate fee,
refer the application in question to the Board (which act is in this section referred to as an ‘application referral’) for determination, and
(b) the authority concerned shall repay to the applicant the fee paid to the authority in accordance with section 176A(3).
(3) Where a determination to which subsection (1) relates or an application to which subsection (2) relates is referred to the Board under either of those subsections, the person so referring shall give notice to that effect to the planning authority concerned, and accordingly that authority shall forthwith forward to the Board—
(a) a copy of the application submitted to the authority under paragraph (a) or (b) of section 176A(2) and any determination made, and
(b) any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A), in respect of the application to the planning authority.
(4) The Board shall, where appropriate, carry out screening for appropriate assessment in respect of the proposed development as provided for by section 177U(10) at the same time as making a determination under this section in respect of the development.
(5) Before making a determination under this section, the Board shall—
(a) 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,
(b) take into account—
(i) the information provided pursuant to section 176A(3)(d), and
(ii) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and
(c) have regard to any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A) and any screening determination for environmental impact assessment made by the planning authority under section 176B.
(5A) The Board shall include, or refer to, in its determination under this section the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which the determination is based.
(6) Subject to subsection (6A), the Board shall make a determination on the determination review or the application referral—
(a) within 5 weeks of receiving from the planning authority the documents to which subsection (3) relates, or
(b) 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.
(6A)(a) Subject to paragraph (b), the Board shall not be required to comply with subsection (6)(a) or (b) within the 5 week period or 4 week period, as the case may be, referred to in that subsection where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.
(b) Where paragraph (a) applies, the Board shall, by notice in writing served on—
(i) the applicant,
(ii) the planning authority,
(iii) the owner F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,
(iv) the occupier F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and
(v) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),
before the expiration of the period of 5 weeks or 4 weeks referred to in subsection (6)(a) or (b), as the case may be, inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify the date before which the Board intends that the determination concerned shall be made.
(7) A determination review or a determination on foot of an application referral under this section shall consist of a determination by the Board—
(a) as to whether a proposed development would be likely to have significant effects on the environment, and
(b) if the development would be likely to have such effects, that an environmental impact assessment is required.
(7A)(a) Paragraph (b) applies where the determination under this section is that the proposed development would not be likely to have significant effects on the environment and there has been provided, in accordance with section 176A(3A) or (5A), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.
(b) The Board shall specify such features, if any, and such measures, if any, in its determination under this section.
(8) The Board shall give notice in writing of its determination under this section to—
(a) the planning authority,
(b) the applicant,
(c) any person or body consulted under section 176A(4),
F815[(d) where subsection (5) of section 176A applies, the owner (if any) and the occupier (if any) of the land that is the subject of the proposed development, and]
(e) any other person, requested by the Board under subsection (6)(b) 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.
(8A) The notice issued under subsection (8) shall be placed with any application for consent for proposed development subsequently made to the planning authority or the Board, as the case may be, or any appeal or referral made to the Board in respect of which an application for a screening for an environmental impact assessment was made under section 176A(2).
(9) On notification by the Board of a determination under this section, the planning authority shall publish the determination either or both—
(a) on its website, and
(b) in a newspaper circulating in the area where the proposed development would be situated,
together with a notice—
(i) indicating the place or places at which the documents relating to the making of the 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,
(ii) 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, and
(iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found.
(10) The Board shall—
(a) keep a record of any determination made by it under this section and the main reasons and considerations on which its determination was based,
(b) from time to time, but at least once in every year, forward to each planning authority a copy of the record referred in paragraph (a), and
(c) make the record available for purchase and inspection during office hours or available on its website, or both,
and, where the record specified in paragraph (a) is made available for purchase and inspection, the Board may charge a specified fee as determined pursuant to section 144(1A)(ha) but such fee shall not exceed the cost of making the copy.
(11)(a) Where the Board makes a screening determination for environmental impact assessment under this section, the following documents shall, within 3 working days, be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours at the offices of the Board for at least the minimum period referred to in paragraph (b):
(i) a copy of the application made under section 176A(2), the referral for determination review or the application referral, as the case may be, and any description, information, views, submissions, particulars, evidence, written study or further information received or obtained from—
(I) the applicant,
(II) the owner F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,
(III) the occupier F814[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land,
(IV) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4), and
(V) any other person requested by the Board under subsection (6)(b) to provide further information with regard to the determination review or application referral,
(ii) a copy of any report prepared by or for the Board in relation to the determination review or application referral, and
(iii) a copy of the screening determination for environmental impact assessment made under this section by the Board.
(b) The minimum period for the purposes of paragraph (a) is 8 weeks from the date of the screening determination for environmental impact assessment made by the Board.]
Annotations
Amendments:
F813
Inserted (1.01.2019) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 21, in effect as per reg. 2(2).
F814
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 36, S.I. No. 488 of 2022.
F815
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 36, S.I. No. 488 of 2022.
Modifications (not altering text):
C140
Application of section restricted during specified period (3.07.2017 to 31.12.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 22, S.I. No. 270 of 2017. Note the version of s. 176C then referred to was not commenced.
Definitions (Chapter 1)
3. In this Chapter— …
“specified period” means—
(a) the period from the commencement of this provision until 31 December 2019, and
(b) any additional period as may be provided for by the Minister by order under section 4(2);
…
Construction of the Fourth Schedule (reasons for the refusal of permission which exclude compensation) to Act of 2000 during specified period
22. Sections 176A, 176B and 176C shall not apply during the specified period to a proposed strategic housing development in respect of which a prospective applicant has, in accordance with section 7(1)(a), requested the Board to make a determination whether it is likely to have significant effects on the environment.
Editorial Notes:
E354
Previous affecting provisions: subs. (9A) inserted and subs. (1)(c) substituted by Planning and Development (Amendment) Act 2018 (16/2018), s. 34(a), (b), not commenced; repealed (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 4(2), in effect as per reg. 2(1).
E355
Previous affecting provision: section inserted by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 26, not commenced; substituted as per F-note above.
Prescribed information regarding environmental impact statements.
177.—(1) The Minister may prescribe the information that is to be contained in an F816[environmental impact assessment report].
(2) Any reference in an enactment to the information to be contained in an environmental impact statement specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, shall be deemed to be a reference to information prescribed under this section.
Annotations
Amendments:
F816
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 67, in effect as per reg. 2(1).
Editorial Notes:
E356
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
Screening for appropriate assessment.
177U.— (1) A screening for appropriate F930[assessment of a draft Land use plan or application for consent for proposed development] shall be carried out by the competent authority to assess, in view of best scientific knowledge, if that Land use plan or proposed development, individually or in combination with another plan or project is likely to have a significant effect on the European site.
(2) A competent authority shall carry out a screening for appropriate assessment under subsection (1) before—
(a) a Land use plan is made including, where appropriate, before a decision on appeal in relation to a draft strategic development zone is made, or
(b) consent for a proposed development is given.
(3) In carrying out screening for appropriate assessment of a proposed development a F930[competent authority] may request such information from the applicant as it may consider necessary to enable it to carry out that screening, and may consult with such persons as it considers appropriate F931[and where the applicant does not provide the information within the period specified, or any further period as may be specified by the authority, the application for consent for the proposed development shall be deemed to be withdrawn].
(4) The competent authority shall determine that an appropriate assessment of a draft Land use plan or a proposed development, as the case may be, is required if it cannot be excluded, on the basis of objective information, that the draft Land use plan or proposed development, individually or in combination with other plans or projects, will have a significant effect on a European site.
(5) The competent authority shall determine that an appropriate assessment of a draft Land use plan or a proposed development, as the case may be, is not required if it can be excluded, on the basis of objective information, that the draft Land use plan or proposed development, individually or in combination with other plans or projects, will have a significant effect on a European site.
(6) (a) Where, in relation to a proposed development, a competent authority makes a determination that an appropriate assessment is required, the competent authority shall give notice of the determination, including reasons for the determination of the competent authority, to the following—
(i) the applicant,
(ii) if appropriate, any person who made submissions or observations in relation to the application to the competent authority, or
(iii) if appropriate, any party to an appeal or referral.
(b) Where a competent authority has determined that an appropriate assessment is required in respect of a proposed development it may direct in the notice issued under paragraph (a) that a Natura impact statement is required.
F931[(c) Paragraph (a) shall not apply in a case where the application for consent for the proposed development was accompanied by a Natura impact statement.]
F930[(7) A competent authority shall, as soon as may be after making the Land use plan or making a decision in relation to the application for consent for proposed development, make available for inspection by members of the public during office hours at the officesof the authority, and may also publish on the internet—
(a) any determination that it makes in relation to a draft Land use plan under subsection (4) or (5) as the case may be, and reasons for that determination, and
(b) any notice that it issues under subsection (6) in relation to a proposed development.]
F930[(8) In this section “consent for proposed development” means, as appropriate—
(a) a grant of permission,
(b) a decision of the Board to grant permission on a planning application or an appeal,
(c) consent for development under Part IX,
(d) approval for development that may be carried out by a local authority under Part X or Part XAB or development that may be carried out under Part XI,
(e) approval for development on the foreshore under Part XV,
(f) approval for development under section 43 of the Act of 2001,
(g) approval for development under section 51 of the Roads Act 1993, F932[…]
(h) a substitute consent under F933[Part XA, or]]
F934[(i) a decision to make a requested alteration under subsection (2) of section 297.]
(9) In deciding upon F930[a declaration or a referral under section 5] of this Act a planning authority or the Board, as the case may be, shall where appropriate, conduct a screening for appropriate assessment in accordance with the provisions of this section.]
F935[(10) In deciding upon an application under section 176A or a determination review or an application referral under section 176C, a planning authority or the Board, as the case may be, shall, where appropriate, conduct a screening for appropriate assessment in accordance with the provisions of this section.]
Annotations
Amendments:
F929
Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.
F930
Substituted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 11(a), (b)(i), (d), (e), (f).
F931
Inserted (21.09.2011) by European Union (Environmental Impact Assessment and Habitats) Regulations 2011 (S.I. No. 473 of 2011), reg. 11(bii), (c).
F932
Deleted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 40, S.I. No. 488 of 2022.
F933
Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 40, S.I. No. 488 of 2022.
F934
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 40, S.I. No. 488 of 2022.
F935
Inserted (1.01.2019) by Planning and Development (Housing) and Residential Tenancies Act 2016 (17/2016), s. 27(d), S.I. No. 588 of 2018.
F936[