S.I. No. 86/1994 - Local Government (Planning and Development) Regulations, 1994

( a ) the retention on land of any structure or the continuance of any use of any structure or other land,

( b ) (i) development which is of a class for the time being specified under Article 24 of the Environmental Impact Assessment Regulations, or under any provision amending or replacing the said Article 24, or

• (ii) development which would be of a class referred to in sub-paragraph (i) but for not exceeding a quantity, area or other limit for the time being specified in relation to that class and which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required,

( c ) development in relation to which notice is served by a planning authority in accordance with sub-article (3).

• (3) Where an outline application is received in respect of development which would be of a class referred to in sub-article (2) (b) (i) but for not exceeding a quantity, area or other limit for the time being specified in relation to that class and which is not development referred to in sub-article (2) (b) (ii), the planning authority shall, where they consider that the development would be likely to have significant effects on the environment, by notice in writing inform the applicant that an outline application may not be made in respect of that development.

21 Effect of outline permission.

21.

21. An outline permission shall not operate so as to authorise the carrying out of any development until—

( a ) an approval has been granted consequent on an application in accordance with article 22 (1), or

( b ) as respects a specified part of the development for which an outline permission was granted, an approval has been granted for such specified part consequent on an application in accordance with article 22 (1), or

( c ) a further approval has been granted in any case where the terms of an approval granted consequent on an application in accordance with article 22(1), or the terms of the outline permission, require such further approval to be obtained.

22 Applications for approval.

22.

22. (1) (a) Subject to paragraph (b), an application for an approval consequent on an outline permission shall be accompanied by such further plans and particulars as would be required under article 19 if an application for permission, other than an outline permission, were made.

( b ) An application for an approval consequent on an outline permission may be related to a specified part of the development for which an outline permission was granted and separate applications for approval may, subject to section 2 of the Act of 1982, be made in respect of other parts of the said development from time to time.

• (2) An application for an approval which is required to be obtained under a condition subject to which a permission or approval was granted shall be accompanied by such plans and particulars as are necessary to enable the planning authority to make a decision in relation to the matter in respect of which the approval is sought.

23 Plans, drawings and maps accompanying planning applications.

23.

23. (1) Plans, drawings and maps accompanying a planning application shall comply with the following requirements—

( a ) site or layout plans shall be drawn to a scale of not less than 1 : 500 (which shall be indicated thereon), the site boundary shall be clearly delineated in colour, and buildings, roads, boundaries, septic tanks and percolation areas, bored wells and other features in the vicinity of the land or structure to which the application relates shall be shown,

( b ) other plans, elevations and sections shall be drawn to a scale of not less than 1 : 100, which shall be indicated thereon,

( c ) drawings of elevations of any proposed structure shall show the main features of any buildings which would be contiguous to the proposed structure if it were erected,

( d ) plans relating to works comprising reconstruction, alteration or extension of a structure shall be so marked or coloured as to distinguish between the existing structure and the works proposed,

( e ) plans and drawings of floor plans, elevations and sections shall indicate in figures the principal dimensions (including overall height) of any proposed structure and the distances of any such structure from the boundaries of the site,

( f ) any map or plan which is based on an Ordnance Survey map shall indicate the relevant Ordnance Survey sheet number,

( g ) the north point shall be indicated on all maps and plans other than drawings of floor plans, elevations and sections,

( h ) plans and drawings shall indicate the name and address of the person by whom they were prepared.

• (2) A planning authority may, by notice in writing, require an applicant to provide not more than two additional copies of any plan, drawing or map which accompanied the planning application.

24 Certain planning applications to be accompanied by environmental impact statement.

24.

24. (1) Subject to sub-article (2), a planning application in respect of—

( a ) development which is of a class for the time being specified under Article 24 of the Environmental Impact Assessment Regulations, or under any provision amending or replacing the said Article 24, or

( b ) development which would be of a class referred to in paragraph (a) but for not exceeding a quantity, area or other limit for the time being specified in relation to that class and which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required,

shall, in addition to the other requirements of this Part, be accompanied by an environmental impact statement.

• (2) Sub-article (1) shall not apply to a planning application in respect of development as regards which an exemption is granted by the Minister in accordance with subsection (3) (inserted by the Environmental Impact Assessment Regulations and amended by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994) of section 25 of the Act of 1963.

• (3) ( a ) Where the Minister has, in granting an exemption in accordance with the aforesaid subsection (3) of section 25 of the Act of 1963, applied other requirements in relation to a proposed planning application, the application when made shall—

• (i) where it relates to development which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required, comply with the said other requirements insofar as those requirements relate to matters other than the risk of environmental pollution from the activity, or

• (ii) where it relates to development other than development referred to in sub-paragraph (i), comply with the said other requirements.

( b ) Where a planning application in relation to which the Minister has applied other requirements does not, when made, comply with paragraph (a), the planning authority shall serve a notice stating that the relevant requirements have not been complied with and requiring compliance with the said requirements.

25 Procedure where planning application not accompanied by environmental impact statement.

25.

25. (1) Subject to sub-article (2), where a planning authority receive a planning application to which article 24 (1) applies and the application is not accompanied by an environmental impact statement, they shall, as soon as may be, by notice in writing—

• (a) inform the applicant that the application does not comply with the said requirement, and

( b ) require the applicant to comply with the said requirement.

• (2) Where, before the service of a notice in accordance with sub-article (1), a planning authority receive notice of the grant of an exemption in accordance with subsection (3) (inserted by the Environmental Impact Assessment Regulations and amended by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994) of section 25 of the Act of 1963 as regards the development in respect of which the planning application has been made;

( a ) a notice in accordance with sub-article (1) shall not be served,

( b ) the planning authority shall, where other requirements have been applied in relation to the application in accordance with the said subsection (3), as soon as may be after receipt of notice of the grant of the exemption and of the other requirements applied, by notice in writing require the applicant to comply—

• (i) where the application relates to development which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required, with the said other requirements insofar as those requirements relate to matters other than the risk of environmental pollution from the activity, or

• (ii) where the application relates to development other than development referred to in sub-paragraph (i), with the said other requirements.

• (3) ( a ) A notice served in accordance with sub-article (1) shall cease to have effect where an exemption is granted in accordance with subsection (3) (inserted by the Environmental Impact Assessment Regulations and amended by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994) of section 25 of the Act of 1963 as regards the development to which the planning application relates, on the date of the receipt by the planning authority of notice of the grant of the exemption.

( b ) Where a notice served in accordance with sub-article (1) ceases to have effect in accordance with paragraph (a), the planning authority shall, as soon as may be, by notice in writing, inform the applicant of the cesser of the notice and of the date on which it ceased to have effect, and—

• (i) where no other requirements have been applied in relation to the application in accordance with the aforesaid subsection (3) of section 25 of the Act of 1963, that the application falls to be dealt with as if the notice in accordance with sub-article (1) had been complied with on the said date, or

• (ii) where other requirements have been applied in relation to the application in accordance with the aforesaid subsection (3)—

• (I) if the application relates to development which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required, require the applicant to comply with the said other requirements insofar as those requirements relate to matters other than the risk of environmental pollution from the activity, or

• (II) if the application relates to development other than development referred to in sub-paragraph (ii) (I), require the applicant to comply with the said other requirements.

26 Requirement to submit environmental impact statement in case of certain other planning applications.

26.

26. (1) Where a planning authority receive a planning application in respect of any development which would be of a class referred to in article 24 (1) (a) but for not exceeding a quantity, area or other limit for the time being specified in relation to that class and which is not development referred to in article 24 (1) (b), and where they consider that the development would be likely to have significant effects on the environment, they shall, by notice in writing, require the applicant to submit an environmental impact statement.

• (2) ( a ) A notice served in accordance with sub-article (1) shall cease to have effect where an exemption is granted in accordance with subsection (3) (inserted by the Environmental Impact Assessment Regulations and amended by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994) of section 25 of the Act of 1963 as regards the development to which the planning application relates, on the date of the receipt by the planning authority of notice of the grant of the exemption.

( b) Where a notice served in accordance with sub-article (1) ceases to have effect in accordance with paragraph (a), the planning authority shall, as soon as may be, by notice in writing, inform the applicant of the cesser of the notice and of the date on which it ceased to have effect, and—

• (i) where no other requirements have been applied in relation to the application in accordance with the aforesaid subsection (3) of section 25 of the Act of 1963, that the application falls to be dealt with as if the notice in accordance with sub-article (1) had been complied with on the said date, or

• (ii) where other requirements have been applied in relation to the application in accordance with the aforesaid subsection (3)—

• (I) if the application relates to development which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required, require the applicant to comply with the said other requirements insofar as those requirements relate to matters other than the risk of environmental pollution from the activity, or

• (II) if the application relates to development other than development referred to in sub-paragraph (ii) (I), require the applicant to comply with the said other requirements.

27 Environmental impact statement submitted where notice in accordance with article 26 (1) not served.

27.

27. (1) Where a planning application in respect of any development which would be of a class referred to in article 24 (1) (a) but for not exceeding a quantity, area or other limit for the time being specified in relation to that class and which is not development referred to in article 24 (1) (b) is accompanied by an environmental impact statement, the planning authority shall deal with the application as if the statement had been submitted in accordance with article 24 (1).

• (2) A reference in these Regulations to an environmental impact statement submitted or received in accordance with article 24 (1) shall include an environmental impact statement to which sub-article (1) applies.

28 Content of environmental impact statement.

28.

28. (1) An environmental impact statement submitted to a planning authority in accordance with a requirement of or under this Part shall comply with Article 25 of the Environmental Impact Assessment Regulations, or any provision amending or replacing the said Article 25.

• (2) ( a ) A planning authority shall, on receipt of an environmental impact statement—

• (i) in case the planning application relates to development which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required, consider whether the statement complies with sub-article (1) with regard to matters other than the risk of environmental pollution from the activity, or

• (ii) in any other case, consider whether the statement complies with sub-article (1).

( b ) (i) Where a planning authority, in the case of development referred to in paragraph (a) (i), consider that an environmental impact statement does not comply with sub-article (1) with regard to matters other than the risk of environmental pollution from the activity, they shall, by notice in writing, so inform the applicant and require the applicant to submit such further information or particulars as may be necessary to secure compliance with sub-article (1) in relation to the said matters.

• (ii) Where a planning authority, in the case of development referred to in paragraph (a) (ii), consider that an environmental impact statement does not comply with subarticle (1), they shall, by notice in writing, so inform the applicant and require the applicant to submit such further information or particulars as may be necessary to secure compliance with the said sub-article.

29 Procedure on receipt of planning application.

29.

29. (1) On receipt of a planning application, a planning authority shall—

( a ) stamp the documents with the date of their receipt, and

( b ) consider whether the application complies with the requirements of articles 18 and 23 and, as may be appropriate, of article 19, 20 or 22.

• (2) ( a ) Where a planning authority consider that a planning application complies with the requirements of articles 18 and 23 and, as may be appropriate, of article 19, 20 or 22, they shall send to the applicant an acknowledgement stating the date of receipt of the application.

( b ) Where a planning authority consider that a planning application does not comply with the requirements referred to in paragraph (a) which relate to the application, they may, as they consider appropriate having regard to the extent of the failure to comply with the said requirements, by notice in writing—

• (i) inform the applicant that the application is invalid and cannot be considered by the planning authority, or

• (ii) require the applicant to furnish such further particulars, plans, drawings or maps as may be necessary to comply with the said requirements.

• (3) Where a planning authority serve a notice in accordance with sub-article (2) (b) (i), they shall return to the applicant all particulars, plans, drawings and maps which accompanied the application.

30 Planning authority notice.

30.

30. (1) A planning authority shall, not later than the third working day following a particular week, make available in accordance with sub-article (2) a list of the planning applications received by the authority during that week.

• (2) ( a ) A list referred to in sub-article (1) shall indicate in respect of each planning application received during the week to which the list relates—

• (i) the name and address of the applicant,

• (ii) the nature of the application (that is, whether it is for a permission, an outline permission or an approval),

• (iii) the location of the land or the address of the structure to which the application relates (as may be appropriate),

• (iv) (I) the nature and extent of the development (including, where the application relates to development consisting of or comprising the provision of dwellings, the number of dwellings to be provided), or

• (II) where the application relates to the retention of a structure, the nature of the proposed use of the structure and, where appropriate, the period for which it is proposed to be retained, or

• (III) where the application relates to the continuance of any use, the nature of such use and of the previous use,

• (v) the date of receipt of the application.

( b ) A list referred to in sub-article (1) shall indicate those planning applications, if any—

• (i) in respect of which an environmental impact statement has been submitted to the planning authority in accordance with article 24 (1), or

• (ii) which relate to development which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required.

• (3) A list referred to in sub-article (1) shall, in addition to the requirements of sub-article (2), indicate any planning application in respect of which—

( a ) an environmental impact statement has been received by the planning authority pursuant to a requirement under article 25 (1) or 26 (1),

( b ) the planning authority have served a notice under article 29 (2) (b) (i) or (ii),

( c ) further particulars, plans, drawings, maps or other information have been furnished to the planning authority pursuant to a requirement under article 28 (2) (b), 29 (2) (b) (ii) or 33,

( d ) revised plans, drawings or other particulars have been submitted to the planning authority pursuant to an invitation under article 35,

during the week to which the list relates.

• (4) ( a ) A list referred to in sub-article (1) shall, for a period of not less than 2 months beginning on the day on which it is made available—

• (i) be displayed in or at the offices of the planning authority in a position convenient for public inspection during office hours,

• (ii) be displayed for public inspection in each public library situate in, and in each mobile public library operating in, the functional area of the planning authority.

( b ) A list referred to in sub-article (1) may, in addition to the requirements of paragraph (a), be displayed in or at any other place which the planning authority consider appropriate, or be made available for publication, or published, in a newspaper circulating in the functional area of the planning authority, or be made available by such other means as the planning authority consider appropriate.

( c ) A list referred to in sub-article (1) shall be made available to the members of the planning authority in such manner as they may by resolution direct.

• (5) ( a ) Copies of a list referred to in sub-article (1) shall, during the period of two months referred to in sub-article (4) (a), be made available at the offices of the planning authority during office hours, free of charge or for such fee as the planning authority may fix not exceeding the reasonable cost of making the copy.

( b ) A copy of a list referred to in sub-article (1) shall, during the period of two months as aforesaid, be sent, on request, to any person or body, free of charge or for such fee, not exceeding the reasonable cost of making the copy and the cost of postage, as the planning authority may fix.

31 Notice to Minister of certain planning applications.

31.

31. (1) ( a) A planning authority shall, as soon as may be after its receipt, notify the Minister of any planning application.—

• (i) in respect of which an environmental impact statement has been submitted in accordance with article 24 (1), or

• (ii) in respect of which they intend to require, in accordance with article 25 (1) or 26 (1), the submission of an environmental impact statement,

and which relates to development likely to have significant effects on the environment in another Member State of the European Communities.

( b ) A notification to the Minister pursuant to paragraph (a) shall—

• (i) state the name and address of the applicant,

• (ii) indicate the location of the land or the address of the structure to which the application relates (as may be appropriate),

• (iii) indicate the nature and extent of the development,

• (iv) state the date of receipt of the application, and

• (v) if the application relates to development which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required, include an indication of this fact.

• (2) A planning authority shall furnish to the Minister a copy of any environmental impact statement received in respect of a planning application in relation to which notice is given to the Minister pursuant to sub-article (1).

• (3) The Minister may, in the case of a planning application in respect of which an environmental impact statement is required by or under this Part to be submitted to the planning authority and which, in his opinion, relates to development likely to have significant effects on the environment in another Member State of the European Communities, require the planning authority to furnish to him such particulars, information or documents concerning the application as he may specify.

32 Notice to certain bodies.

32.

32. (1) Where a planning authority receive a planning application, they shall, except in the case of an application in respect of which a notice in accordance with article 29 (2) (b) (i) has been or will be served, send notice in accordance with sub-article (2)—

( a ) where it appears to the planning authority that the land or structure is situate in an area of special amenity, whether or not an order in respect of that area has been made under section 42 of the Act of 1963, or that the development or retention of the structure would obstruct any view or prospect of special amenity value or special interest — to An Chomhairle Ealaíon, Bord Fáilte Éireann and An Taisce — the National Trust for Ireland,

( b ) where it appears to the planning authority that the development would obstruct or detract from the value of any tourist amenity or tourist amenity works — to Bord Fáilte Éireann,

( c ) where it appears to the planning authority that the development would be unduly close to any cave, site, feature or other object of archaeological, geological, scientific or historical interest, or would detract from the appearance of any building of artistic, architectural or historical interest, or, in either case, would obstruct any scheme for improvement of the surroundings of or any means of access to any such place, object or structure — to An Chomhairle Ealaíon, Bord Fáilte Éireann, the Commissioners of Public Works in Ireland, the National Monuments Advisory Council and An Taisce — the National Trust for Ireland,

( d ) where it appears to the planning authority that the development would obstruct or detract from the value of any existing or proposed development by a local authority — to such local authority,

( e ) where it appears to the planning authority that if permission were granted, a condition should be attached under section 26 (2) (f) of the Act of 1963 — to any local authority (other than the planning authority) which would be affected under section 26 (7) of that Act,

( f ) where it appears to the planning authority that the development might give rise to appreciable discharges of polluting matters to waters or be likely to cause serious water pollution or the danger of such pollution, or might otherwise affect fisheries — to the appropriate Regional Fisheries Board,

( g ) where the development consists of or comprises an industrial activity or isolated storage to which Regulations 12 to 18 of the European Communities (Major Accident Hazards of Certain Industrial Activities) Regulations, 1986 ( S.I. No. 292 of 1986 ), as amended by the European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations, 1989 ( S.I. No. 194 of 1989 ) and the European Communities (Major Accident Hazards of Certain Industrial Activities) (Amendment) Regulations, 1992 ( S.I. No. 21 of 1992 ), apply — to the National Authority for Occupational Safety and Health,

( h ) where it appears to the planning authority that the development might endanger or interfere with the safety of aircraft or the safe and efficient navigation thereof — to the Irish Aviation Authority,

( i ) where the development consists of or comprises the formation, laying out or material widening of an access to a national road within the meaning of section 2 of the Roads Act, 1993 (No. 14 of 1993), not being a national road within a built-up area within the meaning of section 45 of the Road Traffic Act, 1961 , or where it appears to the planning authority that the development might give rise to a significant increase in the volume of traffic using a national road — to the National Roads Authority,

( j ) where the development comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required — to the Environmental Protection Agency.

• (2) Notice given by a planning authority pursuant to sub-article (1) shall—

( a ) state the name and address of the applicant,

( b ) indicate the location of the land or the address of the structure to which the application relates (as may be appropriate),

( c ) indicate the nature and extent of the development,

( d ) state the date of receipt by the planning authority of the application, and

( e ) if the application relates to development which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required, indicate this fact.

• (3) Where an environmental impact statement is received by a planning authority in respect of a planning application in accordance with any provision of this Part, the authority shall send a copy of the statement to any body to which they are required by sub-article (1) to give notice of the application.

• (4) A copy of an environmental impact statement received by a planning authority in accordance with any provision of this Part and details of the planning application concerned as specified in sub-article (2) shall, in addition to the requirements of sub-article (1), be sent—

( a ) where the application relates to development for the purposes of breeding of salmonid fish — to the Minister for the Marine,

( b ) where the application relates to development for the purposes of initial afforestation or the replacement of broadleaf high forest by conifer species — to the Minister for Agriculture, Food and Forestry,

( c ) where it appears to the planning authority that the development might have significant effects on public health — to the appropriate Health Board,

( d ) where it appears to the planning authority that the development might have significant effects in relation to nature conservation — to the Commissioners of Public Works in Ireland,

( e ) where the application relates to extraction of minerals within the meaning of the Minerals Development Acts, 1940 to 1979 — to the Minister for Transport, Energy and Communications.

• (5) A reference in sub-article (1) to Bord Fáilte Éireann shall, in the case of a planning application relating to land or a structure situate in the functional area of the Shannon Free Airport Development Company Ltd., be construed as a reference to that Company.

33 Further information.

33.

33. (1) Where a planning authority receive a planning application they may, by notice in writing, require the applicant—

( a ) to submit any further information (including any plans, maps or drawings, or any information as to any estate or interest in or right over land) which they consider necessary to enable them to deal with the application,

( b ) to produce any evidence which they may reasonably require to verify any particulars or information given in or in relation to the application.

• (2) A planning authority shall not require an applicant who has complied with a requirement under sub-article (1) to submit any further information, particulars or evidence save as may be reasonably necessary to clarify the matters dealt with in the applicant's response to the said requirement or to enable them to be considered or assessed.

• (3) Where there is a failure or refusal to comply with a requirement under any of the foregoing sub-articles within one month of such requirement, the planning authority may, if they think fit, determine the application in the absence of the information or evidence specified in the requirement.

34 Submissions or observations in relation to planning applications.

34.

34. (1) Subject to sub-article (2), any person or body may make submissions or observations in writing to a planning authority in relation to a planning application.

• (2) A person or body shall not, in the case of a planning application which relates to development comprising or for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required, be entitled to make submissions or observations to a planning authority in relation to the risk of environmental pollution from the activity.

35 Revised plans, etc.

35.

35. Where a planning authority, having considered a planning application, are disposed to grant a permission or an approval subject to any modification of the development to which the application relates, they may invite the applicant to submit to them revised plans or other drawings modifying, or other particulars providing for the modification of, the said development and, in case such plans, drawings or particulars are submitted, may decide to grant a permission or an approval for the relevant development as modified by all or any such plans, drawings or particulars.

36 Availability of documents relating to planning applications.

36.

36. (1) ( a) Any document mentioned in section 6 (a) of the Act of 1992 received or obtained by a planning authority in relation to a planning application shall be made available for inspection by members of the public during office hours at the offices of the authority from as soon as may be after receipt of the document until the application is withdrawn or the decision of the authority in respect of the application is given.

( b ) (i) Any submissions or observations in writing in relation to a planning application which are received by a planning authority shall be made available for inspection by members of the public during office hours at the offices of the authority from as soon as may be after receipt of the submissions or observations until the application is withdrawn or the expiration of a period of one month beginning on the day of the giving of the decision of the authority in respect of the application or, if an appeal or appeals is or are taken against the decision, until as regards the appeal or, as may be appropriate, each of the appeals—

• (I) it is withdrawn, or

• (II) it is determined by the Board or dismissed by it pursuant to section 11 or 14 of the Act of 1992, or

• (III) in relation to it a direction is given to the authority by the Board pursuant to section 15 of the said Act.

• (ii) This paragraph shall apply in relation to any planning application received by a planning authority after the coming into operation of this article.

• (2) ( a ) Where a permission or an approval is granted (whether by the relevant planning authority or the Board), the documents concerned mentioned in section 6 of the Act of 1992 relating to the planning application shall be made available for inspection by members of the public during office hours at the offices of the planning authority from the expiration of the period mentioned in section 5(1) of that Act until—

• (i) in the case of a permission for the retention on land of any structure or a permission granted either for a limited period only or subject to a condition which is of a kind described in section 26 (2) (j) or 27 (2) (f) of the Act of 1963, the expiration of a period of five years beginning on the day of the grant of the permission, or

• (ii) in the case of a permission other than a permission referred to in sub-paragraph (i) or an approval, the expiration of the appropriate period within the meaning of section 2 of the Act of 1982 or, as the case may be, of that period as extended under section 4 of the said Act, for the relevant permission.

( b ) Any submissions or observations in writing which are received by a planning authority in relation to a planning application received after the coming into operation of this article shall, where a permission or an approval (as the case may be) is granted, be made available for public inspection in accordance with paragraph (a).

• (3) Article 29 of the Local Government (Planning and Development) Regulations, 1977 ( S.I. No. 65 of 1977 ), as substituted by article 9 of the Local Government (Planning and Development) (Amendment) Regulations, 1982 ( S.I. No. 342 of 1982 ) and as amended by the Local Government (Planning and Development) Regulations, 1990 ( S.I. No. 25 of 1990 ), and article 19 of the Local Government (Planning and Development) Regulations, 1990 shall, notwithstanding their revocation by the Local Government (Planning and Development) (No. 2) Regulations, 1992 ( S.I. No. 222 of 1992 ), continue to apply and have effect in relation to—

( a ) any planning application received by a planning authority before the 14th day of September, 1992, until the giving of the decision of the planning authority in respect of the application,

( b ) any planning application in respect of which a permission or approval was granted (whether by the relevant planning authority or the Board) before the 14th day of September, 1992.

37 Availability for purchase of copies of environmental impact statements and extracts.

37.

37. Copies of an environmental impact statement submitted to a planning authority in accordance with any provision of this Part, and of extracts from such a statement, shall be made available for purchase during office hours at the offices of the planning authority, for such fee as the authority may fix not exceeding the reasonable cost of making the copy, from as soon as may be after receipt of the statement by the authority until the expiration of a period of one month beginning on the day of the giving of the decision of the authority in respect of the planning application to which the statement relates or, if an appeal or appeals is or are taken against the decision, until as regards the appeal or, as may be appropriate, each of the appeals—

( a ) it is withdrawn, or

( b ) it is determined by the Board or dismissed by it pursuant to section 11 or 14 of the Act of 1992, or

( c ) in relation to it a direction is given to the authority by the Board pursuant to section 15 of the said Act.

38 Notice in certain cases.

38.

38. Form No. 1 set out in the Third Schedule shall be the prescribed form of the notice of the intention of a planning authority to consider deciding to grant a permission in a case where the development concerned would contravene materially the development plan or any special amenity area order.

39 Minimum period for determination of planning application.

39.

39. A planning authority shall not decide to grant or to refuse a permission or an approval until after—

( a ) in case the applicant has submitted an environmental impact statement to the authority in accordance with article 24 (1):

• (i) where the applicant has been required pursuant to article 17 to give further notice of the application, the expiration of twenty eight days beginning on the day on which that requirement has been complied with,

• (ii) where the applicant has not been required to give further notice, the expiration of twenty eight days beginning on the day of receipt by the planning authority of the application;

( b ) in case the applicant has been required in accordance with article 25 (1) or 26 (1) to submit an environmental impact statement:

• (i) where, on receipt by the authority of the statement, the applicant has been required pursuant to article 17 to give further notice of the application, the expiration of twenty eight days beginning on the day on which that requirement has been complied with,

• (ii) where the applicant has not been required to give further notice, the expiration of twenty eight days beginning on the day of receipt by the planning authority of the statement;

( c ) in any other case:

• (i) where the applicant has been required pursuant to article 17 to give further notice of the application, the expiration of fourteen days beginning on the day on which that requirement has been complied with,

• (ii) where the applicant has not been required to give further notice, the expiration of fourteen days beginning on the day of receipt by the planning authority of the application.

40 Withdrawal of planning application.

40.

40. A planning application may be withdrawn, by notice in writing, at any time before the giving of the decision of the planning authority in respect of the application.

41 Notification of decision on planning application.

41.

41. Every notification given to an applicant by a planning authority of a decision in respect of a planning application shall specify—

( a ) the reference number of the application in the register,

( b ) the development or retention or continuance of use to which the decision relates,

( c ) the nature of the decision,

( d ) the date of the giving of the decision,

( e ) in the case of a decision to grant a permission or approval — any conditions attached thereto,

( f ) in the case of a decision to grant a permission or approval for the construction, erection or making of a structure and to specify the purposes for which the structure may or may not be used — such purposes,

( g ) in the case of a decision to grant a permission or approval for the development of land consisting of or comprising the carrying out of works — any approval or further approval required,

( h ) in the case of a decision to grant a permission — any period specified by the planning authority pursuant to section 3 of the Act of 1982 as the period during which the permission is to have effect,

( i ) in the case of a decision to refuse permission or approval or to grant permission or approval subject to conditions — the reasons for such refusal or for the imposition of the conditions, as may be appropriate,

( j ) in the case of a decision to grant a permission or approval — that the permission or approval (as may be appropriate) shall be issued as soon as may be after the expiration of the period for the making of an appeal if there is no appeal before the Board on the expiration of the said period, and

( k ) that an appeal against the decision may be made to the Board by any person within the period of one month beginning on the date of the giving of the decision of the planning authority.

42 Notice of decisions.

42.

42. (1) A planning authority shall, by not later than the third working day following a particular week, make available in accordance with sub-article (2) a list of the planning applications in respect of which decisions were given by the authority during that week.

• (2) A list referred to in sub-article (1) shall indicate, in addition to the matters specified in article 30 (2), the nature of the decision of the planning authority in respect of the application.

• (3) ( a ) A list referred to in sub-article (1) shall, for a period of not less than two months beginning on the day on which it is made available—

• (i) be displayed in or at the offices of the planning authority in a position convenient for public inspection during office hours,

• (ii) be displayed for public inspection in each public library situate in, and in each public mobile library operating in, the functional area of the planning authority.

( b ) A list referred to in sub-article (1) may, in addition to the requirements of paragraph (a), be displayed in or at any other place which the planning authority consider appropriate, or be made available for publication, or published, in a newspaper circulating in the functional area of the planning authority, or be made available by such other means as the planning authority consider appropriate.

( c ) A list referred to in sub-article (1) shall be made available to the members of the planning authority in such manner as they may by resolution direct.

• (4) ( a ) Copies of a list referred to in sub-article (1) shall, during the period of two months referred to in sub-article (3) (a), be made available at the offices of the planning authority during office hours, free of charge or for such fee as the planning authority may fix not exceeding the reasonable cost of making the copy.

( b ) A copy of a list referred to in sub-article (1) shall, during the period of two months as aforesaid, be sent, on request, to any person or body, free of charge or for such fee, not exceeding the reasonable cost of making the copy and the cost of postage, as the planning authority may fix.

43 Additional notice in certain cases.

43.

43. (1) Where a planning authority have given notice of a planning application to a body in accordance with article 32, the authority shall send notice of the decision of the authority in respect of the application to the body within three working days of the giving of the decision.

• (2) Where any person or body (not being a body to which sub-article (1) relates) has made submissions or observations in writing to a planning authority in relation to a planning application, the planning authority shall, if notice of the decision in respect of the application is not published in a newspaper by the authority in a list referred to in article 42 (1) or pursuant to sub-article (3), send notice of the decision to the person or body within three working days of the giving of the decision.

• (3) ( a ) Where a planning authority do not publish a list referred to in article 42 (1) in a newspaper—

• (i) the authority shall, within seven days of giving their decision in respect of a planning application in relation to which an environmental impact statement was submitted to them in accordance with any provision of this Part, publish notice of the decision in a newspaper circulating in the district in which the land or structure to which the planning application relates is situate,

• (ii) the authority may, in the case of any planning application other than an application referred to in paragraph (i), publish notice of their decision in respect of the application in a newspaper as aforesaid.

( b ) Where a planning authority publish notice of their decision in respect of a planning application in a newspaper in accordance with paragraph (a) (ii), the notice shall be published within seven days of the giving of the decision.

• (4) A planning authority shall, within three working days of giving their decision in respect of a planning application in relation to which notice was given to the Minister in accordance with article 31 (1) or in relation to which particulars, information or documents were furnished to the Minister in accordance with article 31 (3), send notice of the decision to the Minister.

44 Provision of forms and instructions.

44.

44. (1) A planning authority may provide forms and instructions for the convenience or information of any persons intending to make a planning application.

• (2) The Minister may prepare and publish model forms and instructions for the use and guidance of planning authorities in dealing with planning applications.

45 Notice of extension of appropriate period.

45.

45. Where, in accordance with subsection (4AA) (inserted by the Environmental Impact Assessment Regulations) of section 26 of the Act of 1963, the Minister extends the appropriate period within the meaning of subsection (4) of that section, the planning authority shall, as soon as may be after receipt of notification of the extension, publish notice of the extension in a newspaper circulating in the district in which the relevant land or structure is situate.

46 Procedure on receipt of notice of Minister's decision on request for exemption from requirement to submit environmental impact statement.

46.

46. A planning authority shall, on receipt of notice of the decision of the Minister on a request for an exemption under subsection (3) (inserted by the Environmental Impact Assessment Regulations and amended by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994) of section 25 of the Act of 1963, stamp the notice with the date of its receipt.

47 Transitional.

47.

47. (1) Subject to sub-articles (2) and (3)—

( a ) this Part shall not apply or have effect in relation to a planning application that is received before the coming into operation of this Part,

( b ) the provisions of the Local Government (Planning and Development) Regulations, 1977 to 1993 replaced by this Part shall, notwithstanding article 4, continue in force and have effect in relation to any planning application that is received before the coming into operation of this Part.

• (2) Article 36 shall, subject to sub-articles (1) (b) (ii), (2) (b) and (3) thereof, apply and have effect in relation to planning applications whether received before or after the coming into operation of this Part.

• (3) A list referred to in article 30 (1) or 42 (1) shall be made available in accordance with the provisions of the article concerned in respect of the week commencing on the coming into operation of this Part and of each subsequent week.

PART V APPEALS AND OTHER MATTERS WITH WHICH AN BORD PLEANÁLA IS CONCERNED

CHAPTER 1

Application of certain provisions of Act of 1992

48 Application of certain provisions of Act of 1992 to appeals under section 27 (4) of Act of 1963.

48.

48. (1) (a) Sections 4, 7, 8, 9, 10 and 11 of the Act of 1992 shall apply to appeals under section 27(4) of the Act of 1963.

( b ) Where a planning authority decide under section 27 of the Act of 1963 to grant a permission and an appeal taken under subsection (4) of that section against that decision is dismissed by the Board pursuant to section 11 of the Act of 1992, the planning authority shall make the grant as soon as may be after the dismissal.

• (2) Sections 6 and 16of the Act of 1992 shall apply to appeals under section 27 (4) of the Act of 1963 in the following manner—

( a ) in the said sections, a reference to a planning application shall be construed as a reference to an application for permission under section 27 of the Act of 1963,

( b ) in subsection (3) (b) of section 16, "27" shall be substituted for "26".

• (3) Section 12 of the Act of 1992 shall apply to appeals under section 27(4) of the Act of 1963 subject to the substitution of "27 (4)" for "26 (5)" in subsection (2) (c) of the said section 12.

• (4) Section 13 of the Act of 1992 shall apply to appeals under section 27 (4) of the Act of 1963 subject to the substitution for subsection (1) of the said section 13 of the following subsection:

• "(1) The Board in determining an appeal may take into account matters other than those raised by the parties or by any person who has made submissions or observations to the Board in relation to the appeal if the matters either relate to the proper planning and development of the area of the relevant planning authority or are matters to which by virtue of section 24 (2) of the Act of 1976 the Board may have regard.".

• (5) Section 17 of the Act of 1992 shall apply to appeals under section 27 (4) of the Act of 1963 subject to the substitution of "27 (4)" for "26 (5)" in subsections (1) (a) and (1) (b) of the said section 17.

• (6) In the application of the Act of 1992 to appeals under section 27 (4) of the Act of 1963, "party to an appeal" means any of the following persons, namely—

( a ) the appellant,

( b ) the planning authority against whose decision an appeal is made,

( c ) the applicant for any permission in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),

and "party" shall be construed accordingly.

49 Application of certain provisions of Act of 1992 to certain other appeals.

49.

49. (1) This article shall apply to any appeal to the Board under the Act of 1963 or the Act of 1976, other than an appeal under section 26 (5), 27 (4) or 85 (4) (b) of the Act of 1963.

• (2) Sections 4, 7, 9, 10, 11 and 16 of the Act of 1992 shall apply to appeals to which this article applies.

• (3) Section 8 of the Act of 1992 shall, subject to the following modifications, apply to appeals to which this article applies—

( a ) the deletion from subsection (1) (b) of the words "Without prejudice to subsection (3),", and the deletion of subsection (3);

( b ) the substitution for subsection (2) of the following subsection:

• "(2) The period referred to in subsection (1) (b) is the period of one month beginning on the day of receipt of the appeal by the Board or, where there is more than one appeal to the Board, on the day on which the Board last receives an appeal.".

• (4) Section 12 of the Act of 1992 shall, subject to the following modifications, apply to appeals to which this article applies—

( a ) in the case of an appeal under section 89 (4) of the Act of 1963, the substitution for subsection (2) (c) of the said section 12 of the following paragraph:

"( c ) A request by an appellant for an oral hearing of an appeal shall accompany the appeal and any request for an oral hearing received by the Board other than a request which accompanies the appeal shall not be considered by the Board.";

( b ) in the case of any appeal to which this article applies other than an appeal referred to in paragraph (a), the substitution for subsection (2) (c) of the said section 12 of the following paragraph:

"( c ) Where a provision of the Principal Act or of the Act of 1976 authorising an appeal to the Board enables the appeal only to be made within, or before the expiration of, a specified period or before a specified day, a request by an appellant for an oral hearing of an appeal may only be made within, or before the expiration of, the specified period or before the specified day and any request for an oral hearing not so received by the Board shall not be considered by the Board.".

• (5) Section 13 of the Act of 1992 shall apply to appeals to which this article applies subject to the substitution for subsection (1) of the following subsection:

• "(1) The Board in determining an appeal may take into account matters other than those raised by the parties or by any person who has made submissions or observations to the Board in relation to the appeal if the matters either relate to the proper planning and development of the area of the relevant planning authority or are matters to which by virtue of section 24 (2) of the Act of 1976 the Board may have regard.".

• (6) ( a ) (i) Where a provision of the Act of 1963 or of the Act of 1976 authorising an appeal to the Board to which this article applies enables the appeal only to be made within, or before the expiration of, a specified period or before a specified day, that provision shall be construed as including a provision that an appeal received by the Board outside, or after the expiration of, the specified period or on or after the specified day shall be invalid as not having been made in time.

• (ii) Where the last day of the specified period within or before the expiration of which, or the day immediately preceding the specified day before which, an appeal may be made to the Board is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 (No. 25 of 1973)) or any other day on which the offices of the Board are closed, an appeal shall, notwithstanding sub-paragraph (i), be valid as having been made in time if received by the Board on the next following day on which the offices of the Board are open.

( b ) Where a requirement of or under the Act of 1992 as applied by this article requires submissions, observations or a request to be made, or documents, particulars or other information to be submitted, to the Board within, or before the expiration of, a specified period or before a specified day and the last day of the specified period or the day immediately preceding the specified day is a Saturday, a Sunday, a public holiday (within the meaning of the Holidays (Employees) Act, 1973 ) or any other day on which the offices of the Board are closed, the submissions, observations or request, or documents, particulars or other information (as the case may be) shall be regarded as having been received in time if received by the Board on the next following day on which the offices of the Board are open.

• (7) In the application of the Act of 1992 to appeals to which this article applies, "party to an appeal" means any of the following persons, namely—

( a ) the appellant,

( b ) the planning authority against whose decision an appeal is made,

( c ) the applicant for any licence in relation to which an appeal is made by another person (other than a person acting on behalf of the appellant),

( d ) any person served or issued by a planning authority with a notice or order, or copy thereof, under section 30, 33, 36, 37, 44, 45 or 48 of the Act of 1963 or section 25 of the Act of 1976, in relation to which an appeal is made by another person,

and "party" shall be construed accordingly.

50 Submission of documents, etc. to Board by planning authorities.

50.

50. Where an appeal to which article 49 applies is made to the Board, the planning authority concerned shall, within a period of fourteen days beginning on the day on which a copy of the appeal is sent to them by the Board pursuant to section 7 of the Act of 1992 as applied by article 49, submit to the Board any information or documents in their possession which is or are relevant to the appeal.

51 Availability for inspection of copies of appeals.

51.

51. Where a copy of an appeal to which article 49 applies is given to a planning authority by the Board pursuant to section 7 of the Act of 1992 as applied by the said article, the planning authority shall, as soon as may be after receipt of the copy of the appeal, make a copy of the appeal available for inspection by members of the public during office hours at the offices of the authority until the appeal is withdrawn or is dismissed or determined by the Board.

52 Application of certain provisions of Act of 1992 to appeals provided for by orders under section 45 of Act of 1963.

52.

52. Where provision is made by an order under section 45 of the Act of 1963 for the application of section 26(5) of that Act, with or without adaptations or modifications, in relation to any consent under the order and any applications therefor, the provisions of sections 1 and 4 to 17 of the Act of 1992 shall apply, as may be appropriate, in relation to any appeal to the Board against a decision of the relevant planning authority on an application for consent as if the appeal were an appeal under section 26 (5) of the Act of 1963 and a reference in any of the said sections of the Act of 1992 to a planning application shall be construed as a reference to an application for consent under the order.

53 Application of certain provisions of Act of 1992 to references.

53.

53. (1) Sections 4, 7 to 13 and 16 of the Act of 1992 shall, subject to the modifications and adaptations specified in this article, apply to a reference.

• (2) In the application of the sections mentioned in sub-article (1) to a reference—

( a ) "appeal" and "appellant" shall be construed, respectively, as "reference" and "person by whom the reference was made";

( b ) the reference in section 4 (1) (d) to "grounds of appeal" shall be construed as a reference to "grounds of the reference".

• (3) Section 8 of the Act of 1992 shall apply to a reference subject to—

( a ) the deletion from subsection (1) (b) of the words "Without prejudice to subsection (3),", and the deletion of subsection (3);

( b ) the substitution for subsection (2) of the following subsection:

• "(2) The period referred to in subsection (1) (b) is the period of one month beginning on the day of receipt by the Board of the reference.".

• (4) Section 12 of the Act of 1992 shall apply to a reference subject to the substitution for subsection (2) (c) of the following paragraph:

"( c ) A request by a person making a reference for an oral hearing of the reference shall accompany the reference and any request for an oral hearing received by the Board other than a request which accompanies the reference shall not be considered by the Board.".

• (5) Section 13 of the Act of 1992 shall apply to a reference subject to the substitution for subsection (1) of the following subsection:

• "(1) The Board in determining a reference may take into account matters other than those raised by the parties or by any person who has made submissions or observations to the Board in relation to the reference.".

• (6) Where a reference is made to the Board the planning authority concerned shall, within a period of fourteen days beginning on the day on which a copy of the reference is sent to them by the Board, submit to the Board any information or documents in their possession which is or are relevant to the reference.

• (7) In the application of the Act of 1992 to references, "party to a reference" means any of the following persons, namely—

( a ) the person making the reference,

( b ) the planning authority for the area in which the land or structure to which the reference relates is situate,

( c ) any other person with whom the question to which the reference relates has arisen,

and "party" shall be construed accordingly.

CHAPTER II

Appeals against decisions of planning authorities on planning applications

54 Definition for Chapter II.

54.

54. In this Chapter, "appeal" means an appeal against a decision of a planning authority on a planning application.

55 Additional requirement as to submission of documents, etc. in case of certain planning applications.

55.

55. Where notice of, or particulars, information or documents in relation to, a planning application has or have been given to the Minister by a planning authority in accordance with article 31 and notice of the decision of the authority on the application has been given to the Minister in accordance with article 43(4), the planning authority shall notify the Board of this in course of their compliance with the requirements of section 6 of the Act of 1992.

56 Power of Board to require submission of environmental impact statement in connection with certain appeals.

56.

56. (1) Where an appeal is against a decision of a planning authority on a planning application which relates to development which, in the opinion of the Board, is development—

( a ) of a class for the time being specified under Article 24 of the Environmental Impact Assessment Regulations (or under any provision amending or replacing the said Article 24), or

( b ) which would be of a class referred to in paragraph (a) but for not exceeding a quantity, area or other limit for the time being specified in relation to that class and which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required,

and an environmental impact statement was not submitted to the planning authority in respect of the planning application, the Board shall require the applicant to submit to the Board an environmental impact statement.

• (2) Where an appeal is against a decision of a planning authority on a planning application which relates to development which would be of a class for the time being specified under Article 24 of the Environmental Impact Assessment Regulations (or under any provision amending or replacing the said Article 24) but for not exceeding a quantity, area or other limit specified in relation to that class and which is not development referred to in sub-article (1) (b), and where the planning authority did not require the applicant, in accordance with article 26, to submit an environmental impact statement, the Board shall, where it considers that the development would be likely to have significant effects on the environment, require the applicant to submit to the Board an environmental impact statement.

• (3) Sub-article (1) or (2) shall not apply in the case of an appeal against the decision of a planning authority on a planning application which relates to development as regards which an exemption was granted by the Minister in accordance with subsection (3) (inserted by the Environmental Impact Assessment Regulations and amended by the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 1994) of section 25 of the Act of 1963.

57 Content of environmental impact statement.

57.

57. An environmental impact statement submitted pursuant to a requirement under article 56 shall comply with Article 25 of the Environmental Impact Assessment Regulations, or any provision amending or replacing the said Article 25.

58 Consideration of adequacy of information contained in environmental impact statement.

58.

58. Where the Board receives an environmental impact statement in connection with an appeal in accordance with section 6 of the Act of 1992 or pursuant to a requirement under article 56, the Board shall—

( a ) in case the decision against which the appeal is brought relates to development which comprises or is for the purposes of an activity in relation to which a licence under Part IV of the Environmental Protection Agency Act, 1992 is required, consider whether the environmental impact statement complies with article 57 with regard to matters other than the risk of environmental pollution from the activity, or

( b ) in case the decision against which the appeal is brought relates to development other than development referred to in paragraph (a), consider whether the environmental impact statement complies with article 57.

59 Availability for inspection and purchase of environmental impact statement.

59.

59. (1) ( a ) An environmental impact statement received by the Board in accordance with section 6 of the Act of 1992 shall, in addition to the requirements of articles 36 and 37, be made available for inspection free of charge, and copies of any such statement and extracts therefrom shall be made available for purchase, at the offices of the Board or at such other convenient place as the Board may specify until, as regards the appeal or, as may be appropriate, each of the appeals against the decision of the planning authority on the planning application in relation to which the environmental impact statement was submitted to the planning authority—

• (i) it is withdrawn, or

• (ii) it is determined by the Board or dismissed by it pursuant to section 11 or 14 of the Act of 1992, or

• (iii) in relation to it a direction is given to the planning authority by the Board pursuant to section 15 of the said Act.

( b ) Copies of an environmental impact statement referred to in paragraph (a) shall be made available for purchase in accordance with that paragraph for the fee fixed by the planning authority in accordance with article 37, and copies of extracts from any such statement shall be made available for purchase in accordance with that paragraph for such fee as the Board may fix not exceeding the reasonable cost of making the copy.

• (2) ( a ) An environmental impact statement received by the Board pursuant to a requirement under article 56 shall be made available for inspection free of charge, and copies of any such statement and extracts therefrom shall be made available for purchase, at the offices of the planning authority and at the offices of the Board or such other convenient place as the Board may specify until, as regards the appeal in respect of which the environmental impact statement is received—

• (i) it is withdrawn, or

• (ii) it is determined by the Board or dismissed by it pursuant to section 11 or 14 of the Act of 1992, or

• (iii) in relation to it a direction is given to the planning authority by the Board pursuant to section 15 of the said Act.

( b ) Copies of an environmental impact statement referred to in paragraph (a) shall be made available for purchase in accordance with that paragraph for such fee, not exceeding the reasonable cost of making the copy, as may be fixed by the Board, and copies of extracts from any such statement shall be made available for purchase for such fee as the planning authority or the Board, as may be appropriate, may fix not exceeding the reasonable cost of making the copy.

60 Notice to Minister of certain appeals.

60.

60. (1) The Board shall, as soon as may be, notify the Minister of any appeal—

( a ) in respect of which notice in accordance with article 55 is given to the Board by the planning authority concerned, or

( b ) in respect of which the Board intends to require, in accordance with article 56, the submission of an environmental impact statement and which relates to development likely to have significant effects on the environment in another Member State of the European Communities.

• (2) The Board shall furnish to the Minister a copy of any environmental impact statement received in relation to an appeal in respect of which notice is given to the Minister pursuant to sub-article (1) (b).

61 Notice of certain appeals.

61.