PLANNING AND DEVELOPMENT ACT, 2000

170A.—(1) A planning authority may, on its own behalf where it is promoting a planning scheme, or on behalf of a development agency which is promoting a planning scheme, make an application to the Board to request an amendment under this section to a planning scheme.

• (2) Where an application under subsection (1) has been made, the Board shall make a decision, in a manner provided for by this section, as to whether the making of the amendment to which the request relates would constitute the making of a material change to the planning scheme.

• (3)
• (a) Where the amendment F687[fails to satisfy] each of the criteria referred to in subparagraphs (i) to (iv) of paragraph (b) F688[…], the Board shall require the planning authority to amend the planning scheme in compliance with the procedure laid down in section 169 and that section shall be construed and have effect accordingly.

• (b) The criteria referred to in paragraph (a) are that the amendment to the planning scheme concerned—

• (i) would not constitute a change in the overall objectives of the planning scheme concerned,

• (ii) would not relate to already developed land in the planning scheme,

• F689[(iii) would not significantly increase or decrease the overall floor area or density of proposed development, and

• (iv) would not adversely affect or diminish the amenity of the area that is the subject of the proposed amendment.]

• (v) F690[…]

• (4) If the Board determines that the making of the amendment to a planning scheme—

• (a) is a change of a minor nature and not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment) or on a European site, then it may approve the making of the amendment to the planning scheme and notify the planning authority or each planning authority for the area or areas concerned, of the amendment, or

• (b) constitutes the making of a material change but is within the criteria set out in subsection (3)(b), then, subject to subsection (5), it may approve the making of the amendment to the planning scheme with such amendment, or an alternate amendment, being an amendment that would be different from that to which the request relates but would not represent, in the opinion of the Board, a more significant change than that which was proposed.

• (5) Before making a determination to which subsection (4)(b) would relate, the Board shall establish whether or not the extent and character—

• (a) of the amendment to which subsection (1) relates, and

• (b) of any alternative amendment it is considering and to which subsection (4)(b) relates,

are such that, if the amendment were to be made, it would be likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site and, for that purpose, the Board shall have reached a final decision as to what is the extent and character of any alternative amendment, the making of which it is also considering.

• (6) If the Board determines that the making of either kind of amendment referred to in subsection (4)(b) —

• (a) is not likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, it shall proceed to make a determination under subsection (4)(b), or

• (b) is likely to have significant effects on the environment (within the meaning of Annex II of Directive 2001/42/EC) or on a European site, then it shall require the planning authority to undertake a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, in relation to the making of the proposed amendment or alternative amendment.

• (7) Before making a determination to which subsection (4)(b) would relate, the Board shall require the planning authority concerned—

• (a) to send notice and copies of the proposed amendment of the planning scheme concerned to the Minister and the prescribed authorities, and

• (b) to publish a notice of that proposed amendment in one or more newspapers circulating in the area concerned,

and every such notice shall state—

• (i) the reason or reasons for the proposed amendment,

• (ii) that a copy of the proposed amendment, along with any assessment undertaken according to subsection (6)(b), may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks, and

• (iii) that written submissions or observations with respect to the proposed amendment may be made to the planning authority within the stated period, being a period of not less than 4 weeks, and any such submissions or observations will be taken into consideration before making a decision on the proposed amendment,

and the copy of the proposed amendment shall be made available for inspection accordingly.

• (8) Not later than 8 weeks after giving notice under subsection (7), or such additional time as may be required to complete any assessment that may be required pursuant to subsection (6)(b) and agreed with the Board, the planning authority shall prepare a report on any submissions or observations received as a consequence of that notice and shall submit the report to the Board for its consideration.

• (9) A report under subsection (8) shall—

• (a) list the persons or bodies who made submissions or observations for the purposes of subsection (7)(iii),

• (b) summarise the issues raised in the submissions or observations so made,

• (c) include, where and if required for the purposes of subsection (6)(b), either or both—

• (i) the environmental report and strategic environmental assessment, and

• (ii) the Natura impact report and appropriate assessment,

of the planning authority, and

• (d) give the response of the planning authority to the issues raised, taking account of the proper planning and sustainable development of the area, the overall objectives of the planning scheme, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

• (10) The Board shall have regard to any report prepared in accordance with subsections (8) and (9).

• (11) Subject to any obligations that may arise under Part XAB, if the Board makes a determination to make an amendment of any kind referred to in subsection (4), it shall—

• (a) approve the making of an amendment to the planning scheme accordingly,

• (b) notify the planning authority or each planning authority for the area or areas concerned of the amendment, and

• (c) notify any person who made a submission or observation in accordance subsection (7)(iii) of its determination under subsection (4).

• (12) The amendment of a planning scheme shall not prejudice the validity of any planning permission granted or anything done in accordance with the terms of the scheme before it was amended except in accordance with the terms of this Act.

• (13) Without prejudice to the generality of subsection (12), sections 40 and 42 shall apply to any permission granted under this Part.]

171. Revocation of planning scheme.

F691[171.—(1) A planning authority may by resolution, with the consent of the relevant development agency, revoke a planning scheme made under this Part.

• (2) Notice of the revocation of a planning scheme under this section shall be given in at least one newspaper circulating in the area of the planning authority.

• (3) The revocation of a planning scheme shall not prejudice the validity of any planning permission granted or anything done in accordance with the terms of the scheme before it was revoked except in accordance with the terms of this Act.

• (4) Without prejudice to the generality of subsection (3), sections 40 and 42 shall apply to any permission granted under this Part.]

PART X Environmental Impact Assessment

171A. F692[Interpretation.

F693[171A.—In this Part—

"environmental impact assessment" means a process—

• (a) consisting of—

• (i) the preparation of an environmental impact assessment report by the applicant in accordance with this Act and regulations made thereunder,

• (ii) the carrying out of consultations in accordance with this Act and regulations made thereunder,

• (iii) the examination by the planning authority or the Board, as the case may be, of—

• (I) the information contained in the environmental impact assessment report,

• (II) any supplementary information provided, where necessary, by the applicant in accordance with section 172(1D) and (1E), and

• (III) any relevant information received through the consultations carried out pursuant to subparagraph (ii),

• (iv) the reasoned conclusion by the planning authority or the Board, as the case may be, on the significant effects on the environment of the proposed development, taking into account the results of the examination carried out pursuant to subparagraph (iii) and, where appropriate, its own supplementary examination, and

• (v) the integration of the reasoned conclusion of the planning authority or the Board, as the case may be, into the decision on the proposed development, and

• (b) which includes—

• (i) an examination, analysis and evaluation, carried out by the planning authority or the Board, as the case may be, in accordance with this Part and regulations made thereunder, that identifies, describes and assesses, in an appropriate manner, in the light of each individual case, the direct and indirect significant effects of the proposed development on the following:

• (I) population and human health;

• (II) biodiversity, with particular attention to species and habitats protected under the Habitats Directive and the Birds Directive;

• (III) land, soil, water, air and climate;

• (IV) material assets, cultural heritage and the landscape;

• (V) the interaction between the factors mentioned in clauses (I) to (IV), and

• (ii) as regards the factors mentioned in subparagraph (i)(I) to (V), such examination, analysis and evaluation of the expected direct and indirect significant effects on the environment derived from the vulnerability of the proposed development to risks of major accidents or disasters, or both major accidents and disasters, that are relevant to that development;

"proposed development" means proposed development within the meaning of section 172(1A)(a).]]

172. Requirement for environmental impact statement.

F694[172.—F695[(1) An environmental impact assessment shall be carried out by the planning authority or the Board, as the case may be, in respect of an application for consent for proposed development where either—

• (a) the proposed development would be of a class specified in—

• (i) Part 1 of Schedule 5 of the Planning and Development Regulations 2001, and either—

• (I) such development F696[would equal or exceed, as the case may be,] any relevant quantity, area or other limit specified in that Part, or

• (II) no quantity, area or other limit is specified in that Part in respect of the development concerned,

or

• (ii) Part 2 F697[(other than subparagraph (a) of paragraph 2)] of Schedule 5 of the Planning and Development Regulations 2001 and either—

• (I) such development F698[would equal or exceed, as the case may be,] any relevant quantity, area or other limit specified in that Part, or

• (II) no quantity, area or other limit is specified in that Part in respect of the development concerned,

or

• (b) (i) the proposed development would be of a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001 but F699[does not equal or exceed, as the case may be,] the relevant quantity, area or other limit specified in that Part, and

• F700[(ii) it is concluded, determined or decided, as the case may be,—

• (I) by a planning authority, in exercise of the powers conferred on it by this Act or the Planning and Development Regulations 2001 (S.I. No. 600 of 2001),

• (II) by the Board, in exercise of the powers conferred on it by this Act or those regulations,

• (III) by a local authority in exercise of the powers conferred on it by regulation 120 of those regulations,

• (IV) by a State authority, in exercise of the powers conferred on it by regulation 123A of those regulations,

• (V) in accordance with section 13A of the Foreshore Act, by the appropriate Minister (within the meaning of that Act), or

• (VI) by the Minister for Communications, Climate Action and Environment, in exercise of the powers conferred on him or her by section 8A of the Minerals Development Act 1940,

that the proposed development is likely to have a significant effect on the environment.]]

• (1A) In subsection (1)—

• (a) "proposed development" means—

• (i) a proposal to carry out one of the following:

• F701[(I) development to which Part III applies, other than —

• (A) repowering development in respect of a solar installation that does not entail the use of additional space and that complies with the conditions relating to environmental mitigation measures to which permission for the original development is subject, and

• (B) relevant solar energy development;]

• (II) development that may be carried out under Part IX;

• F702[(III) development that may be carried out by a local authority under Part X or development that may be carried out under Part XI;]

• (IV) development on the foreshore under Part XV;

• (V) development under section 43 of the Act of 2001;

• (VI) development under section 51 of the Roads Act 1993; F703[…]

• F701[(VII) development to which Chapter III of Part XXI applies, other than repowering development in respect of a solar installation that does not entail the use of additional space and that complies with the conditions relating to environmental mitigation measures to which permission for the original development is subject; and]

• (ii) notwithstanding that development has been carried out, development in relation to which an application for substitute consent is required under Part XA;

• (b) "consent for proposed development" means, as appropriate—

• (i) grant of permission;

• (ii) a decision of the Board to grant permission on application or on appeal;

• (iii) consent to development under Part IX;

• F702[(iv) consent to development that may be carried out by a local authority under Part X or development that may be carried out under Part XI;]

• (v) consent to development on the foreshore under Part XV;

• (vi) consent to development under section 43 of the Act of 2001;

• (vii) consent to development under section 51 of the Roads Act 1993; or

• (viii) substitute consent under Part XA.

• F704[(1B) An applicant for consent to carry out a proposed development referred to in subsection (1)(a) shall furnish an environmental impact assessment report, which shall be prepared by experts with the competence to ensure its completeness and quality, to the planning authority or the Board, as the case may be, in accordance with the permission regulations.]

• F702[(1C) Where the planning authority or the Board receives an application for consent for proposed development referred to in paragraph (b) of subsection (1) in relation to which the authority or the Board has made a determination referred to in that paragraph, and the application is not F705[accompanied by an environmental impact assessment report], the planning authority or Board, as the case may be, shall require the applicant to submit an F706[environmental impact assessment report and where the environmental impact assessment report] is not submitted within the period specified, or any further period as may be specified by the planning authority or the Board, the application for consent for the proposed development shall be deemed to be withdrawn.]]

F707[F708[(1D)(a) The planning authority or the Board, as the case may be, shall consider whether an environmental impact assessment report submitted under this section identifies and describes adequately the direct and indirect significant effects on the environment of the proposed development.

• (b) Where the planning authority or the Board, as the case may be, considers that the environmental impact assessment report does not identify or adequately describe such effects, it shall require the applicant for consent to furnish, within a specified period, such further information, prescribed under section 177, which is necessary to ensure the completeness and quality of the environmental impact assessment report and which is directly relevant to reaching the reasoned conclusion on the significant effects on the environment of the proposed development, as the planning authority or the Board, as the case may be, considers necessary to remedy such defect.]

• (1E) In addition to any requirement arising under subsection (1D), the planning authority or the Board, as the case may be, shall require an applicant for consent to furnish, within a specified period, any further information that the planning authority or the Board considers necessary to enable it to carry out an environmental impact assessment under this section.

• (1F) Where information required by the planning authority or the Board under subsection (1D) or subsection (1E) is not furnished by the applicant for consent within the period specified, or any further period as may be specified by the planning authority or the Board, the application for consent for the proposed development shall be deemed to be withdrawn.

• (1G) In carrying out an environmental impact assessment under this section the planning authority or the Board, as the case may be, shall consider—

• (a) the F709[environmental impact assessment report];

• (b) any further information furnished to the planning authority or the Board pursuant to subsections (1D) or (1E);

• (c) any submissions or observations validly made in relation to the environmental effects of the proposed development;

• (d) the views, if any, provided by any other Member State under section 174 or Regulations made under that section.

F710[(1GA)(a) Paragraph (b) applies where an environmental impact assessment under this section and an appropriate assessment following a determination under section 177U(4) are required to be carried out simultaneously in respect of the same development.

• (b) The planning authority or the Board, as the case may be, shall coordinate the 2 assessments.]

• (1H) In carrying out an environmental impact assessment under this section the planning authority or the Board, as the case may be, F711[shall ensure it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report to ensure its completeness and quality and] may have regard to and adopt in whole or in part any reports prepared by its officials or by consultants, experts or other advisers.

• F712[(1HA) Where the proposed development is to reinforce grid infrastructure referred to in Article 15e(5) of the Renewable Energy Directive or is repowering development, an environmental impact assessment carried out under this section shall be limited to the potential impact of the proposed development arising from the change or extension compared to the original development.]

F713[(1I)(a) Where the planning authority or the Board, as the case may be, decides to grant consent for the proposed development, it shall—

• (i) attach such conditions, if any, to the grant as it considers necessary, to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development,

• (ii) in the decision, specify the features, if any, of the proposed development and the measures, if any, envisaged to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development, and

• (iii) subject to paragraph (b), where appropriate, specify in the decision measures to monitor the significant adverse effects on the environment of the proposed development, being measures which, as regards the types of parameters to be monitored and the duration of the monitoring, are proportionate to the nature, location and size of the proposed development and the significance of the effects on the environment of the proposed development.

• (b) Where the planning authority or the Board, as the case may be, decides to grant consent for the proposed development, it may, if appropriate to avoid duplication of monitoring, and without prejudice to existing monitoring arrangements pursuant to national or European Union legislation (other than the Environmental Impact Assessment Directive), identify those arrangements (or such of those arrangements as it thinks appropriate in the particular case) to be used for the purpose of paragraph (a)(iii).]

• (1J) When the planning authority or the Board, as the case may be, has decided whether to grant or to refuse consent for the proposed development, it shall inform the applicant for consent and the public of the decision and shall make the following information available to the applicant for consent and the public:

• (a) the content of the decision and any conditions attached thereto;

• (b) an evaluation of the direct and indirect F714[significant effects of the proposed development on the matters set out in paragraph (b) of the definition of "environmental impact assessment" in section 171A];

• (c) having examined any submission or observation validly made,

• (i) the main reasons and considerations on which the decision is based, and

• (ii) the main reasons and considerations for the attachment of any conditions, including reasons and considerations arising from or related to submissions or observations made by a member of the public;

• (d) F715[…]

• (e) any report referred to in subsection (1H);

• (f) information for the public on the procedures available to review the substantive and procedural legality of the decision, and

• (g) the views, if any, furnished by other Member States of the European Union pursuant to section 174.]

• (2) In addition to the matters set out in section 33(2), the Minister may make permission regulations in relation to the submission of planning applications which are to be accompanied by F716[environmental impact assessment reports].

• (3) F717[(a)(i) At the request of an applicant or of a person intending to apply for permission, the Board may take the action specified in subparagraph (ii) after having afforded the planning authority concerned an opportunity to furnish observations on the request and where the Board is satisfied that—

• (I) exceptional circumstances so warrant,

• (II) the application of the requirement to prepare an environmental impact assessment report would adversely affect the purpose of the proposed development, and

• (III) the objectives of the Environmental Impact Assessment Directive are otherwise met.

• (ii) Subject to subparagraph (iii), the Board may grant in respect of the proposed development an exemption from a requirement of or under regulations under this section to prepare an environmental impact assessment report.

• (iii) No exemption may be granted under subparagraph (ii) in respect of the proposed development if another Member State of the European Union or other state party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it intends to furnish views on those effects.]

• F718[(b) The Board shall, in granting an exemption under paragraph (a), —

• (i) consider whether the effects, if any, of the proposed development on the environment should be assessed in some other form, and

• (ii) make available to members of the public the information relating to the exemption decision referred to under paragraph (a), the reasons for granting such exemption and the information obtained under any other form of assessment referred to in subparagraph (i),

and the Board may apply such requirements regarding these matters in relation to the application for permission as it considers necessary or appropriate.]

• (c) The Board shall, as soon as may be, notify the planning authority concerned of the Board’s decision on any request made under paragraph (a), and of any requirements applied under paragraph (b).

• (d) Notice of any exemption granted under paragraph (a), of the reasons for granting the exemption, and of any requirements applied under paragraph (b) shall, as soon as may be—

• (i) be published in Iris Oifigiúil and in at least one daily newspaper published in the State,

• (ii) be given, together with a copy of the information, if any, made available to the members of the public in accordance with paragraph (b), to the Commission of the European Communities.

• (4)
• (a) A person who makes a request to the Board for an exemption under subsection (3) shall, as soon as may be, inform the planning authority concerned of the making of the request and the date on which it was made.

• (b) Notwithstanding subsection (8) of section 34, the period for making a decision referred to in that subsection shall not, in a case in which a request is made to the Board under subsection (3) of this section, include the period beginning on the day of the making of the request and ending on the day of receipt by the planning authority concerned of notice of the Board’s decision on the request.

• (5) In addition to the matters provided for under Part VI, Chapter III, the Minister may prescribe additional requirements in relation to the submission of appeals to the Board which are to be accompanied by F719[environmental impact assessment reports].

172A. F720[EIA portal

172A.—The Minister shall provide, operate and maintain a website—

• (a) to which the public has access,

• (b) which contains summary information on applications and notifications of the intention to lodge applications for development consent subject to assessment under the Environmental Impact Assessment Directive or this Act, or both that Directive and this Act, as appropriate, and

• (c) for the purpose of providing a point of access to the applications referred to in paragraph (b) and associated information, assessments and decisions held by the authorities to which the applications have been or are to be made.]

172B. F721[Provision of information by applicants to EIA portal

172B.—(1) Subject to subsection (2), an applicant for consent for proposed development shall, within the period of 2 weeks before—

• (a) the making of an application for such consent which is to be accompanied by an environmental impact assessment report, or

• (b) the submission of an environmental impact assessment report when required by the planning authority or the Board, as the case may be, to do so,

provide the prescribed information in electronic form to the EIA portal in the manner set out on the portal.

• (2) Where it is provided for in national legislation that a person other than the applicant for consent for proposed development shall provide information to the EIA portal, that person shall, not later than public notification of a proposed development which is to be accompanied by an environmental impact assessment report, provide the prescribed information in electronic form to the EIA portal in the manner set out on the portal.]

172C. F722[Response of Minister on submission of information to EIA portal

172C.—On receipt of information pursuant to section 172B, or in respect of any other proposed application or application for development consent for projects likely to have significant effects on the environment, the Minister shall, within 3 working days, respond to the applicant in the prescribed manner.]

173. Permission for development requiring environmental impact assessment.

173.—(1) In addition to the requirements of section 34(3) F723[or Chapter III of Part XXI], where an application in respect of which an F724[environmental impact assessment report was submitted] to the planning authority in accordance with section 172, the planning authority, and the Board on appeal, shall have regard to the F725[report, any supplementary information furnished relating to the report] and any submissions or observations furnished concerning the effects on the environment of the proposed development.

F726[F727[(2) (a)(i) Subparagraph (ii) applies where an applicant or a person intending to apply for permission requests the planning authority concerned to give him or her a written opinion on the scope and level of detail of the information required to be included in an environmental impact assessment report.

• F728[(ia) Where an applicant or person intending to apply for permission is required by or under this Act to submit an environmental impact assessment report to the planning authority in respect of an application for renewable energy development or repowering development, the applicant or person shall request the planning authority to give the applicant or person a written opinion referred to in subparagraph (i).]

• (ii) Subject to subparagraph (iii), the planning authority shall, taking into account the information provided by the applicant or person referred to in F729[subparagraph (i) or (ia)], as the case may be, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give a written opinion on the scope and level of detail of the information to be included in an environmental impact assessment report, subject to—

• (I) consultation with the Board to be carried out by the planning authority in relation to such opinion, and

• (II) any prescribed consultations to be carried out by the planning authority in relation to such opinion.

• (iii) The planning authority shall, in the case of the person referred to in F729[subparagraph (i) or (ia)], give the written opinion before the submission by that person of an application for the grant of planning permission.]

• F730[(aa) Where an opinion referred to in paragraph (a) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.]

• F728[(ab) Where an opinion referred to in paragraph (a) is provided in relation to proposed development that is renewable energy development or repowering development, the planning authority shall not subsequently extend the scope or level of detail of the information required to be included in the environmental impact assessment report.]

• (b) The giving of a written opinion in accordance with paragraph (a) shall not prejudice the exercise by the planning authority concerned or the Board of its powers under this Act, or any regulations made thereunder, to require the person who made the request to submit further information regarding the application concerned or, as the case may be, any appeal.

• (c) The Minister may, by regulations, provide for additional, incidental, consequential or supplementary matters as regards procedures in respect of the provision of a written opinion under paragraph (a).]

• F731[(3) (a)(i) Subparagraph (ii) applies where a person required by or under this Act to submit an environmental impact assessment report to the Board requests the Board to give him or her a written opinion on the scope and level of detail of the information required to be included in the report.

• F728[(ia) Where a person is required by or under this Act to submit an environmental impact assessment report to An Coimisiún Pleanála in respect of an application for renewable energy development or repowering development, the person shall request An Coimisiún Pleanála to give the person a written opinion referred to in subparagraph (i).]

• (ii) Subject to subparagraph (iii), the Board shall, taking into account the information provided by the person referred to in F729[subparagraph (i) or (ia)], in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give a written opinion on the scope and level of detail of the information to be included in the environmental impact assessment report, subject to any prescribed consultations to be carried out by the Board in relation to such opinion.

• (iii) The Board shall give the written opinion before the submission by the person referred to in F729[subparagraph (i) or (ia)] of the environmental impact assessment report.]

• F732[(aa) Where an opinion referred to in paragraph (a) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.]

• F728[(ab) Where an opinion referred to in paragraph (a) is provided in relation to proposed development that is renewable energy development or repowering development, An Coimisiún Pleanála shall not subsequently extend the scope or level of detail of the information required to be included in the environmental impact assessment report.]

• (b) The giving of a written opinion in accordance with paragraph (a) shall not prejudice the exercise by the Board of its powers pursuant to this Act or any regulations under this Act, to require the applicant to submit specified information in relation to any appeal to which the F733[environmental impact assessment report] relates.

• (c) The Minister may make regulations in relation to the making of a request or providing an opinion to which this subsection relates.

173A. F734[Environmental impact assessment and integrated pollution prevention and control licences.

173A.—(1) In this section—

“Act of 1992” means the Environmental Protection Agency Act 1992;

“activity” shall have the meaning assigned to it by section 3 of the Act of 1992;

“application for a licence” means, in relation to F735[a licence] under Part IV of the Act of 1992, an application made to the Environmental Protection Agency—

• (a) for such a licence under section 83 of the Act of 1992, or

• (b) by the licensee under section 90(1)(b) of the Act of 1992 for a review of such a licence or a revised licence;

F736["application for permission" means—

• (a) an application for permission for development under Part III,

• (b) an application for permission for development under section 291,

• (c) an application for approval for development under section 175, 177AE, F737[181(2A),] 181A, 182A, 182C or 226,

• (d) an application for substitute consent under section 177E, or

• (e) a request under section 297;]

F736["grant of permission" means—

• (a) a grant of permission for development under Part III,

• (b) a grant of permission for development under section 293,

• (c) an approval for development under section 175, 177AE, 181B, 182D or 226,

• (d) a grant of substitute consent under section 177K, or

• (e) a decision under section 299 consisting of the grant of an alteration of the terms of a permission for development.]

• (2) Where a planning authority or the Board is considering an application for permission and is requested by the applicant for a grant of permission F737[or, in the case of an application for approval under section 181(2A), the applicant for a licence under Part IV of the Act of 1992 in respect of an activity to which the application for approval relates,] to confirm in writing that the development the subject of the application for permission relates to an activity in respect of which F735[a licence] under Part IV of the Act of 1992 is required, the planning authority or the Board shall, as soon as possible, confirm in writing that the development the subject of the application for permission so relates to the activity.

• (3) Where a request is made by an applicant under subsection (2) and the application for permission concerned was not accompanied by an F738[environmental impact assessment report and the planning authority or the Board did not require the submission of an environmental impact assessment report], the planning authority or the Board shall on a request in that behalf made to it by the applicant, also provide written confirmation to the applicant that an environmental impact assessment in respect of the development concerned is not required by or under this Act F737[or was exempted, in accordance with this Act, from being so required].

• F737[(3A) Where a grant of permission has been issued, or an order under section 181(2)(a) has been made, in respect of a proposed development comprising or for the purposes of an activity in respect of which a licence under Part IV of the Act of 1992 is required, and the application for permission in respect of the development was not accompanied by an environmental impact assessment report and the planning authority or the Board did not require the submission of an environmental impact assessment report, the planning authority or the Board shall, on a request in that behalf made to it by –

• (a) the applicant for the grant of permission, or

• (b) in a case where an order has been made under section 181(2)(a), the applicant for the licence under Part IV of the Act of 1992 in respect of the activity concerned,

also provide written confirmation to the applicant concerned that an environmental impact assessment in respect of the development is not required by or under this Act, or was exempted, in accordance with this Act, from being so required.]

• F735[(4) Where a planning authority or the Board receives a notice and request from the Environmental Protection Agency under section 87(1D)(a) or 87(1E)(a) of the Act of 1992, the planning authority or Board shall – (a) comply with the request within the period specified in the request, and (b) enter into consultations, as referred to in section 87(1D)(c) or 87(1E)(c), as the case may be, with the Environmental Protection Agency.]

• (5) Where a planning authority or the Board is considering an application for permission in respect of development—

• (a) of a class prescribed by regulations under section 176 that does not exceed a quantity, area or limit prescribed under those regulations,

• (b) in respect of which the planning authority or the Board is obliged under this Act to make a determination whether an environmental impact assessment is required, and

• (c) in respect of which application for permission the planning authority or the Board consider F735[a licence] under Part IV of the Act of 1992 is required,

the planning authority or the Board shall request observations from the Agency to assist the planning authority or the Board in its deliberations in relation to the determination referred to in paragraph (b) and shall take into account any such observations when making that determination.

• (6) Where a person makes an application for permission in respect of development under this Act and has made, intends to make or is considering making an application for F735[a licence under Part IV] under Part IV of the Act of 1992 in respect of an activity relating to that development, the person shall so notify the planning authority or the Board when making the application for permission.]

• F739[(7) Where a planning authority receives a notification from the Environmental Protection Agency that it has received an application for a licence to which section 87(1I) of the Act of 1992 applies, the planning authority shall—

• (a) within 4 weeks of the date of receipt of the notification from the Environmental Protection Agency, respond to the Agency, forwarding any observations that it has in relation to the application for a licence including any observations on the F740[environmental impact assessment report], and

• (b) enter into consultations with the Environmental Protection Agency, as the Agency considers appropriate, in relation to any environmental impacts of the proposed activity to which the application for a licence relates.]

173B. F741[Environmental impact assessment and waste licences.

173B.—(1) In this section—

“Act of 1996” means the Waste Management Act 1996;

“activity” shall be construed in accordance with section 4 of the Act of 1996;

“application for a licence” means, in relation to a waste licence under Part V of the Act of 1996, an application made to the Environmental Protection Agency—

• (a) for such a licence under section 40 of the Act of 1996, or

• (b) by the holder of the licence, for a review of a waste licence under section 46 of the Act of 1996;

F742["application for permission" means—

• (a) an application for permission for development under Part III,

• (b) an application for permission for development under section 291,

• (c) an application for approval for development under section 175, 177AE, 181A, 182A, 182C or 226,

• (d) an application for substitute consent under section 177E, or

• (e) a request under section 297;

"grant of permission" means—

• (a) a grant of permission for development under Part III,

• (b) a grant of permission for development under section 293,

• (c) an approval for development under section 175, 177AE, 181B, 182D, or 226,

• (d) a grant of substitute consent under section 177K, or

• (e) a decision under section 299 consisting of the grant of an alteration of the terms of a permission for development;]

• (2) Where a planning authority or the Board is considering an application for permission and is requested by the applicant for a grant of permission to confirm in writing that the development the subject of the application for permission relates to an activity in respect of which a waste licence under Part V of the Act of 1996 is required, the planning authority or the Board shall, as soon as possible, confirm in writing that the development the subject of the application for permission so relates to the activity.

• (3) Where a request is made by an applicant under subsection (2) and the application for permission concerned was not accompanied by an F743[environmental impact assessment report and the planning authority or the Board did not require the submission of an environmental impact assessment report], the planning authority or the Board shall on a request in that behalf made to it by the applicant, also provide written confirmation to the applicant that an environmental impact assessment in respect of the development concerned is not required by or under this Act.

• (4) Where a grant of permission has been issued for a development comprising or for the purposes of an activity in respect of which a waste licence under Part V of the Act of 1996 is required and the relevant planning authority or the Board is requested by the Environmental Protection Agency, in connection with an application for a licence, to—

• (a) state whether the activity to which the application for a licence relates is permitted by the grant of permission that has been issued, and

• (b) furnish a copy of all documents relating to the environmental impact assessment carried out in respect of the proposed development, and

• (c) furnish any observations it has in relation to the application for a licence,

the planning authority or the Board shall comply with the request within the period specified in the request by the Environmental Protection Agency.

• (5) Where a planning authority or the Board is considering an application for permission in respect of development—

• (a) of a class prescribed by regulations under section 176 that does not exceed a quantity, area or limit prescribed under those regulations,

• (b) in respect of which the planning authority or the Board is obliged under this Act to make a determination whether an environmental impact assessment is required, and

• (c) in respect of which application for permission the planning authority or the Board consider a waste licence under Part V of the Act of 1996 is required,

the planning authority or the Board shall request observations from the Agency to assist the planning authority or the Board in its deliberations in relation to the determination referred to in paragraph (b) and shall take into account any such observations when making that determination.

• (6) Where a person makes an application for permission in respect of development under this Act and has made, intends to make or is considering making an application for a waste licence under Part V of the Act of 1996 in respect of an activity relating to that development, the person shall so notify the planning authority or the Board when making the application for permission.

• F744[(7) Where a planning authority receives a notification from the Environmental Protection Agency that it has received an application for a licence to which section 42(1I) of the Act of 1996 applies, the planning authority shall—

• (a) within 4 weeks of the date of receipt of the notification from the Environmental Protection Agency, respond to the Agency, forwarding any observations that it has in relation to the application for a licence including any observations on the F745[environmental impact assessment report], and

• (b) enter into consultations with the Environmental Protection Agency, as the Agency considers appropriate, in relation to any environmental impacts of the proposed activity to which the application for a licence relates.]]

173C. F746[Environmental impact assessment relating to waste water discharges

173C.—(1) Where a planning authority or the Board is considering an application for permission referred to in subparagraph (a) of paragraph (3A) (inserted by subparagraph (b) of Regulation 16 of the Regulations of 2020) of Regulation 16 of the Regulations of 2007, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with —

• (a) the confirmation first-mentioned in the said subparagraph (a), and

• (b) in circumstances where an environmental impact assessment in relation to the application is not required, the confirmation referred to in clause (ii) of the said subparagraph (a).

• (2) Where a planning authority or the Board grants a permission referred to in subparagraph (b) of paragraph (3A) of Regulation 16 of the Regulations of 2007 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted and not later than 3 working days from the date of the request, provide that person with the confirmation referred to in clause (ii) of the said subparagraph (b).

• (3)
• (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (6) (inserted by Regulation 22 of the Regulations of 2020) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.

• (b) The Board shall comply with a request under subparagraph (a) of paragraph (6) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.

• (4)
• (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (7) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.

• (b) The Board shall comply with a request under subparagraph (a) of paragraph (7) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.

• (5)
• (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (8) of Regulation 21 of the Regulations of 2007 within the period specified in that subparagraph.

• (b) The Board shall comply with a request under subparagraph (a) of paragraph (8) of Regulation 21 of the Regulations of 2007 within the period specified in that subparagraph.

• (6) Where a planning authority or the Board is considering an application for permission referred to in subparagraph (a) of paragraph (1) (inserted by Regulation 26 of the Regulations of 2020) of Regulation 24A of the Regulations of 2007, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with –

• (a) the confirmation first-mentioned in the said subparagraph (a), and

• (b) in circumstances where an environmental impact assessment in relation to the application is not required, the confirmation second-mentioned in that subparagraph.

• (7) Where a planning authority or the Board grants a permission referred to in subparagraph (b) of paragraph (1) of Regulation 24A of the Regulations of 2007 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted and not later than 3 working days from the date of the request, provide that person with the confirmation referred to in that subparagraph.

• (8) Where a planning authority or the Board is considering an application for permission in respect of development –

• (a) belonging to a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001, and

• (b) that in its opinion requires an authorisation under the Regulations of 2007,

it shall, for the purpose of making a determination as to whether or not an environmental impact assessment in relation to the application is required, invite the Environmental Protection Agency to make observations within such period as may be specified by the planning authority or the Board, as may be appropriate, in relation to the application, and the planning authority or the Board, as may be appropriate, shall take account of any such observations when making that determination.

• (9) A person who –

• (a) makes an application for permission to a planning authority or the Board, and

• (b) has made an application, or proposes to make an application, to the Agency for –

• (i) a licence or review of a licence, or

• (ii) a certificate or review of a certificate,

under the Regulations of 2007 in connection with the application referred to in paragraph (a),

shall, when making the application referred to in paragraph (a), inform the planning authority concerned or the Board, as may be appropriate, in writing of his or her having so made the application referred to in paragraph (b) or his or her proposal to make such an application, as the case may be.

• (10) In this section —

F747["permission" means—

• (a) permission for development under Part III,

• (b) permission for development under section 293,

• (c) approval for development under section 175, 177AE, 181B, 182D or 226,

• (d) substitute consent under section 177K, or

• (e) the alteration of the terms of a permission for development in accordance with a decision under section 297;]

"Regulations of 2007" means the Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007);

"Regulations of 2020" means the European Union (Waste Water Discharge) Regulations 2020.]

173D. F748[Environmental impact assessment relating to abstractions

173D.—(1) Where a planning authority or the Board is considering an application for permission referred to in subsection (2)(a) of section 25 of the Act of 2022, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with—

• (a) the confirmation first-mentioned in the said subsection (2)(a), and

• (b) in circumstances where an environmental impact assessment is not required, the confirmation referred to in subparagraph (ii) of the said subsection (2)(a).

• (2) Where a planning authority or the Board grants a permission referred to in subsection (2)(b) of section 25 of the Act of 2022 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted, provide that person with the confirmation referred to in subparagraph (ii) of the said subsection (2)(b).

• (3) A planning authority or the Board, as may be appropriate, shall comply with a request of the Environmental Protection Agency under subsection (4)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.

• (4) A planning authority or the Board, as may be appropriate, shall comply with a request of the Environmental Protection Agency under subsection (5)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.

• (5) A planning authority shall comply with a request of the Environmental Protection Agency under subsection (8)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.

• (6) Where a planning authority or the Board is considering an application for permission in respect of development—

• (a) belonging to a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001, and

• (b) that in its opinion requires an abstraction licence,

it shall, for the purpose of making a determination as to whether or not an environmental impact assessment is required, invite the Environmental Protection Agency to make observations within such period as may be specified by the planning authority or the Board, as may be appropriate, in relation to the application, and the planning authority or the Board, as may be appropriate, shall take account of any such observations when making that determination.

• (7) A person who—

• (a) makes an application for permission to a planning authority or the Board, and

• (b) has made an application, or proposes to make an application, for an abstraction licence in connection with an application referred to in paragraph (a),

shall, when making the application referred to in paragraph (a), inform the planning authority concerned or the Board, as may be appropriate, in writing of his or her having so made the application referred to in paragraph (b) or his or her proposal to make such an application, as the case may be.

• (8) In this section—

"permission" means—

• (a) permission under Part III,

• (b) approval for development under section 175, 177AE, 181(2L), 181B, 182B, 182D or 226, or

• (c) substitute consent under section 177K.]

174. Transboundary environmental impacts.

174.—(1) (a) The Minister may make regulations in respect of applications for development which require the submission of an F749[environmental impact assessment report], where the planning authority F750[, or the Board in dealing with any application or appeal,] is aware that the development is likely to have significant effects on the environment in another Member State of the European Communities or a state which is a party to the Transboundary Convention or where the other State concerned considers that the development would be likely to have such effects.

• (b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision for the following:

• (i) the notification of the Minister regarding the application;

• (ii) the submission of information to the Minister regarding the application;

• (iii) the notification of the other State involved and the provision of information to that State;

• (iv) the making of observations and submissions regarding the application from the other State involved and the entering into consultations with that State;

• (v) the extension of time limits for the making of decisions under this Act.

• (2) In addition to the requirements of F751[sections 34(3), 37G(2), 37N(2), 146C(6), 173(1), F752[181(2H),] 181B(1), F753[182B(1), 182D(1), 282(2), 293(2) and 297]], the planning authority or the Board, as the case may be, shall have regard, where appropriate, to the views of any Member State of the European Communities or other party to the Transboundary Convention in relation to the effects on the environment of the proposed development.

• (3) Notwithstanding any other provisions of this Act, a planning authority or the Board, as the case may be, may, following the consideration of any submissions or observations received or any consultations entered into by a planning authority or the Board, impose conditions on a F750[grant of permission or approval] in order to reduce or eliminate potential transboundary effects of any proposed development.

• F754[(4) In any case where—

• (a) notification has been received from another Member State of the European Communities or other party to the Transboundary Convention, in respect of any development, or

• (b) a planning authority or a State authority requests, or in any other case where the Minister otherwise decides,

the Minister may request another Member State of the European Communities or other party to the Transboundary Convention to forward information in respect of any development F755[which is subject to the Environmental Impact Assessment Directive or Transboundary Convention] and which is likely to have significant environmental effects in Ireland F756[(including the maritime area)].]

• (5)
• (a) The Minister or a State authority or planning authority having consulted with the Minister, may decide to forward submissions or observations to, or enter into discussions with, the other state involved in respect of the development referred to in subsection (4) regarding the potential transboundary effects of that development and the measures envisaged to reduce or eliminate those effects.

• (b) The Minister may make regulations regarding the provision of public notification of any F757[environmental impact assessment report] or other information received by the Minister, State authority or planning authority under subsection (4), and the making of submissions or observations regarding the information.

• (6) The Minister may enter into an agreement with any other Member State of the European Communities or other party to the Transboundary Convention regarding the detailed procedures to be followed in respect of consultations regarding proposed developments which are likely to have significant transboundary effects.

175. Environmental impact assessment of certain development carried out by or on behalf of local authorities.

175.—(1) Where development belonging to a class of development, identified for the purposes of section 176, is proposed to be carried out—

• (a) by a local authority that is a planning authority, whether in its capacity as a planning authority or in any other capacity, or

• (b) by some other person on behalf of, or jointly or in partnership with, such a local authority, pursuant to a contract entered into by that local authority whether in its capacity as a planning authority or in any other capacity,

within the functional area of the local authority concerned (hereafter in this section referred to as “proposed development”), the local authority shall prepare, or cause to be prepared, an F758[environmental impact assessment report] in respect thereof.

• (2) Proposed development in respect of which an F759[environmental impact assessment report] has been prepared in accordance with subsection (1) shall not be carried out unless the Board has approved it with or without modifications.

• F760[(3) Subject to subsection (3A), where an environmental impact assessment report has been prepared in accordance with subsection (1), the local authority shall apply to the Board for approval of the proposed development to which the report relates.]

• F761[(3A) A local authority shall not be eligible to make an application under subsection (3) in relation to proposed development in the maritime area unless it—

• (a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,

• (b) is the owner of land on which it is proposed to carry out the development concerned, or

• (c) 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.

• (3B) The Board shall neither consider an application under subsection (3) in relation to proposed development in the maritime area nor grant approval for such development under subparagraph (i), (ii) or (iii) of paragraph (a) of subsection (9) unless the applicant for such approval—

• (a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,

• (b) is the owner of land on which it is proposed to carry out the development concerned, or

• (c) 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.]

• (4) Before a local authority makes an application for approval under subsection (3), it shall—

• (a) publish in one or more newspapers circulating in the area in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development and—

• (i) stating that—

• (I) it proposes to seek the approval of the Board for the proposed development,

• (II) an F762[environmental impact assessment report] has been prepared in respect of the proposed development,

• F763[(III) it is notifying a Member State of the European Communities or any other party to the Transboundary Convention of its opinion that the proposed development to which the application for approval to An Bord Pleanála relates would be likely to have significant effects on the environment in that State,

• (IV) the Board may give approval to the application for development with or without conditions or may refuse the application for development.]

• (ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the F764[environmental impact assessment report] may be inspected free of charge or purchased, and

• (iii) inviting the making, during such period, of submissions and observations to the Board relating to—

• (I) the implications of the proposed development for proper planning and sustainable development in the area concerned, and

• (II) the likely effects on the environment of the proposed development,

if carried out,

• F765[(iv) stating that a person may question the validity of a decision of 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)

• (v) stating where practical information on the review mechanism can be found.]

and

• (b) send a copy of the application and the F766[environmental impact assessment report] to the prescribed authorities together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to—

• (i) the likely effects on the environment of the proposed development, and

• (ii) the implications of the proposed development for proper planning and sustainable development in the area concerned,

if carried out.

F767[(5)(a) The Board may—

• (i) if it considers it necessary to do so, require a local authority that has applied for approval for a proposed development to furnish to the Board such further information in relation to—

• (I) the effects on the environment of the proposed development, or

• (II) the consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development,

as the Board may specify, or

• (ii) if it is provisionally of the view that it would be appropriate to approve the proposed development were certain alterations (specified in the notification referred to in this subparagraph) to be made to the terms of it, notify the local authority that it is of that view and invite the authority to make to the terms of the proposed development alterations specified in the notification and, if the authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the development, in the terms as so altered, or, where necessary, a revised F768[environmental impact assessment report] in respect of it.

• (b) If a local authority makes the alterations to the terms of the proposed development specified in a notification given to it under paragraph (a), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of this section.

• (c) The Board shall—

• (i) where it considers that any further information received pursuant to a requirement made under paragraph (a)(i) contains significant additional data relating to—

• (I) the likely effects on the environment of the proposed development, and

• (II) the likely consequences for the proper planning and sustainable development in the area in which it is proposed to situate the said development of such development,

or

• (ii) where the local authority has made the alterations to the terms of the proposed development specified in a notification given to it under paragraph (a)(ii),

require the local authority to do the things referred to in paragraph (d).

• (d) The things which a local authority shall be required to do as aforesaid are—

• (i) to publish in one or more newspapers circulating in the area in which the proposed development would be situate a notice stating that, as appropriate—

• (I) further information in relation to the proposed development has been furnished to the Board, or

• (II) the local authority has, pursuant to an invitation of the Board, made alterations to the terms of the proposed development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the development as so altered or a revised F769[environmental impact assessment report] in respect of the development has been furnished to the Board,

indicating the times at which, the period (which shall not be less than F770[5 weeks]) during which and the place, or places, where a copy of the information or the F771[environmental impact assessment report referred to] in clause (I) or (II) may be inspected free of charge or purchased and that submissions or observations in relation to that F772[information or report] may be made to the Board before the expiration of the indicated period, and

• (ii) to send to each prescribed authority to which notice was given pursuant to subsection (4)(b)—

• (I) a notice of the furnishing to the Board of, as appropriate, the further information referred to in subparagraph (i)(I) or the information or F773[report] referred to in subparagraph (i)(II), and

• (II) a copy of that further information, information or F774[report],

and to indicate to the authority that submissions or observations in relation to that further information, information or F775[report may] be made to the Board before the expiration of a period (which shall not be less than F776[5 weeks]) beginning on the day on which the notice is sent to the prescribed authority by the local authority.]

• (6) Before making a decision in respect of a proposed development under this section, the Board shall consider—

• (a) F767[the F777[environmental impact assessment report] submitted pursuant to subsection (1) or (5)(a)(ii), any submission or observations made in accordance with subsection (4) or (5)] and any other information furnished in accordance with subsection (5) relating to—

• (i) the likely effects on the environment of the proposed development, and

• (ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development,

• (b) the views of any other Member State of the European Communities or a state which is a party to the Transboundary Convention to which a copy of the F778[environmental impact assessment report] was sent, and

• (c) the report and any recommendations of the person conducting a hearing referred to in subsection (7) where evidence is heard at such a hearing relating to—

• (i) the likely effects on the environment of the proposed development, and

• (ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development.