Screening
Environmental Impact Assessment
Threshold development is development of the type set out in the schedule to the Planning and Development Act as requiring an environmental impact assessment if it exceeds the quantity, conditions, areas and limits applicable to that class of development.
Where an environmental impact statement is not included and the planning authority is of the opinion that the development may have significant effects on the environment, it must decide whether or not this is likely to be the case. Where this is the case, the planning authority must require an environmental impact statement.
Impact on Protected Site
Where an application sub-threshold affects an environmentally sensitive site, the planning authority must give consideration formally to the issue, taking into account the likely significant effects on the site. The sites concerned are
- European sites Habitats directive
- proposed European sites Habitats directive
- European sites Birds directive
- designated or proposed natural heritage areas
- nature reserves
- refuges for flora and fauna
- sites or places with features of ecological interest, the preservation protection of which is an objective of the statutory or proposed statutory plan
There are criteria to which the planning authority must have regard
- characteristics and nature of the proposed development having regard to its size, cumulative effect and use of natural resources
- waste pollution and nuisance
- the environmental sensitivity of the area concerned having regard to existing use, natural resources
It must have regard to the absorption capacity of the natural environment having regard in particular
- to wetlands coastal zones map and forest areas
- national reserves and parks designated areas
- densely populated areas and landscapes of historical, cultural, and archaeological significance
- characteristics of the proposal’s potential impacts above, including the extent, probability size, duration frequency and reversibility of the impact.
Screening
The planning authority (or other consenting authority) may and in many cases, must screen prescribed and sub-threshold development applications for environmental impact assessment prior to the planning application.
Screening is applicable to development of the type subject to environmental impact assessment in all cases. Sub-threshold projects require mandatory screening where the project has potentially significant effects.
The authority must
- identify the relevant European sites and compile information on Qualifying Interests and conservation objectives.
- identify all European sites that might be affected using the Source-Pathway-Receptor model.
- identify the qualifying interests of the site concerned and the conservation objectives.
- determine which of those qualifying interests/conservation objectives could be affected by the proposed development.
In the absence of mitigation measures, it must determine if the project alone or in combination with other plans and projects could undermine the conservation objectives of the site(s) and give rise to likely significant effects. It must assess the likely significant direct and indirect effects on the conservation objectives of the site(s) in relation to: the project alone and in combination with other plans and projects.
In the absence of mitigation measures, the authority must determine if the project alone or in combination with other plans and projects could undermine the conservation objectives of the site(s) and give rise to likely significant effects.
Procedure
The application for screening for environmental impact assessment must contain certain details. Further information may be sought. A fee is payable.
The Department may consult other bodies and request further information. It must give reasons for its decision. The decision must generally issue within a set number of weeks of the application or three weeks of satisfaction of requests for further information. The decision may be referred to an Bord Plenala for review.
The decisions must be published on the planning authority’s website or in a newspaper or both. The possibility of judicial review must be specified. Where the planning authority fails to make a decision within the relevant time frame, the matter can be referred to an Bord Pleanala for review.
APB
The Board is subject to similar procedures. Decisions of the Board must be published on the planning authority’s website.
An applicant may request the planning authority to indicate the nature and extent of information required to be contained in an environmental impact statement. This scoping request must take into account the statutory requirements. Scoping may be the subject of pre-application consultation.
There is a provision for exemption by the Board from the obligation to prepare an environmental impact statement.
Because it has been found as a matter of European Union law that retention permission is not available when an environmental impact assessment or appropriate assessment was required, a new substitute consent procedure was introduced.Retention permission for development within the curtilage of a dwelling house for purposes incidental to it or modification of exterior are except for this purpose.
2014 Reforms
The 2014 directive and implementing regulations require an environmental impact assessment report instead of an environmental impact statement. The report must be prepared by competent experts. Where there is a requirement both for an environmental impact assessment and appropriate assessment under the habitats or birds directive, there must be coordinated or joint procedures for assessment.
When a developer requests a screening determination, the information specified in the directive must be provided. This includes
- a description including physical characteristics and location
- aspects of the environment likely to be affected
- description of likely effects to the extent possible
- expected residues and emissions in the production of waste where applicable and
- use of natural resources, including soil, water, land and biodiversity.
The authority must decide whether an environmental impact assessment is required within 90 days of the information being submitted. Reasons must be given for the decision. Decisions must be publicised.
There are thresholds above which environmental impact assessments must be carried out and below which screening for assessment need not necessarily be carried out.
Effect on Decision
The developer is to provide a description of reasonable alternatives and account of the principal reasons for the option for which planning permission has been sought id selected, having regard to the effect that the project is expected to have on the environment.
Where the planning or other authority gives an opinion on the scope, detailed information is to be included in the environmental impact assessment report, and the environmental impact assessment report is to be based on that opinion.
Where a decision is made to grant permission, it must set out reasons and conclusions on the likely significant effects on the environment, taking account of the assessment of the environmental impact assessment report and other information received through public consultation.
The decision is to include measures for monitoring the significant adverse effects of the development on the environment. They must be proportionate to the location size and significance of the effects on the environment. The developer must be required to implement mitigation measures proposed in the report or provided in the permission.