PLANNING AND DEVELOPMENT ACT, 2000

• (7) The person conducting an oral hearing in relation to the compulsory purchase of land which relates wholly or partly to a proposed development under this section in respect of which a local authority has applied for approval shall be entitled to hear evidence relating to—

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

• (b) 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.

• (8) F779[(a)(i) The Board may take the action specified in subparagraph (ii) where it 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 under subsection (1) 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 a 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 wishes to furnish views on those effects.]

• F780[(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 approval as it considers necessary or appropriate.]

• (c) 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, and

• (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.

F767[(9)(a) F781[The Board shall, in respect of an application for approval under this section of proposed development, make its decision within a reasonable period of time and may, in respect of such application]—

• (i) approve the proposed development,

• (ii) make such modifications to the proposed development as it specifies in the approval and approve the proposed development as so modified,

• (iii) approve, in part only, the proposed development (with or without specified modifications of it of the foregoing kind), or

• (iv) refuse to approve the proposed development,

and may attach to an approval under subparagraph (i), (ii) or (iii) such conditions as it considers appropriate.

• (b) Without prejudice to the generality of the foregoing power to attach conditions, the Board may attach to an approval under paragraph (a)(i), (ii) or (iii) a condition requiring—

• (i) the construction or the financing, in whole or in part, of the construction of a facility, or

• (ii) the provision or the financing, in whole or in part, of the provision of a service,

in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Board, would constitute a substantial gain to the community.

• (c) A condition attached pursuant to paragraph (b) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the approval operates of the benefits likely to accrue from the grant of the approval.

(9A)(a) The Board shall direct the payment of such sum as it considers reasonable by the local authority concerned to the Board towards the costs and expenses incurred by the Board in determining an application under this section for approval of a proposed development, including—

• (i) the costs of holding any oral hearing in relation to the application,

• (ii) the fees of any consultants or advisers engaged in the matter, and

• (iii) an amount equal to such portion of the remuneration and any allowances for expenses paid to the members and employees of the Board as the Board determines to be attributable to the performance of duties by the members and employees in relation to the application,

and the local authority shall pay the sum.

• (b) If a local authority fails to pay a sum directed to be paid under paragraph (a), the Board may recover the sum from the authority as a simple contract debt in any court of competent jurisdiction.]

(10)(a) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of—

• (i) controlling emissions from the operation of the activity, including the prevention, limitation, elimination, abatement or reduction of those emissions, or

• (ii) controlling emissions related to or following the cessation of the operation of the activity.

• F782[(aa) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an abstraction licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of controlling the abstraction related to the operation of the activity.]

• (b) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which F783[an integrated pollution control licence, an abstraction licence] or a waste licence is required, the Board may, in respect of any proposed development comprising or for the purposes of the activity, decide to refuse the proposed development, where the Board considers that the development, notwithstanding the licensing of the activity, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development is or will be situate.

• (c) (i) Before making a decision in respect of proposed development comprising or for the purposes of an activity, the Board may request the Environmental Protection Agency to make observations within such period (which period shall not in any case be less than 3 weeks from the date of the request) as may be specified by the Board in relation to the proposed development.

• (ii) When making its decision the Board shall have regard to the observations, if any, received from the Agency within the period specified under subparagraph (i).

• (d) The Board may, at any time after the expiration of the period specified by the Board under paragraph (c)(i) for making observations, make its decision on the application.

• (e) The making of observations by the Agency under this section shall not prejudice any other function of the Agency under F784the [Environmental Protection Agency Act, 1992].

• (11)
• (a) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for approval under this section.

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

• (i) enabling a local authority to request the Board to give a written opinion on the information to be contained in an F785[environmental impact assessment report],

• (ii) matters of procedure relating to the making of observations by the Environmental Protection Agency under this section and matters connected therewith,

• (iii) the notification of another Member State of the European Communities or other parties to the Transboundary Convention in relation to proposed development, receiving observations and submissions from the State or party and entering into consultations with them, and

• (iv) requiring the Board to give information in respect of its decision regarding the proposed development for which approval is sought.

• (12) In considering under subsection (6) information furnished relating to the likely consequences for proper planning and sustainable development of a proposed development in the area in which it is proposed to situate such development, the Board shall have regard to—

• F760[(a) in the case of an area other than a maritime site, the provisions of the development plan for the area,]

• F761[(aa) in the case of a maritime site, the matters to which the Board is required to have regard under subsection (3) of section 293 when making a decision in relation to an application under section 291,]

• (b) the provisions of any special amenity area order relating to the area,

• (c) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact,

• (d) where relevant, the policies of the Government, the Minister or any other Minister of the Government, and

• (e) the provisions of this Act and regulations under this Act where relevant.

• (13) A person who contravenes a condition imposed by the Board under this section shall be guilty of an offence.

• (14) This section shall not apply to proposed road development within the meaning of the Roads Act, 1993, by or on behalf of a road authority.

176. Prescribed classes of development requiring assessment.

176.—(1) F786[The Minister shall, for the purpose of giving effect to the Environmental Impact Assessment Directive, make regulations—]

• (a) identifying development which may have significant effects on the environment, and

• (b) specifying the manner in which the likelihood that such development would have significant effects on the environment is to be determined.

• (2) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for all or any one or more of the following matters:

• (a) the establishment of thresholds or criteria for the purpose of determining which classes of development are likely to have significant effects on the environment;

• (b) the establishment of different such thresholds or criteria in respect of different classes of areas;

• (c) the determination on a case-by-case basis, in conjunction with the use of thresholds or criteria, of the developments which are likely to have significant effects on the environment;

• (d) where thresholds or criteria are not established, the determination on a case-by-case basis of the developments which are likely to have significant effects on the environment;

• F787[(da) the carrying out of a screening for environmental impact assessment (within the meaning of section 176A), or a determination review or application referral (within the meaning of section 176C);]

• (e) the identification of selection criteria in relation to—

• (i) the establishment of thresholds or criteria for the purpose of determining which classes of development are likely to have significant effects on the environment, or

• (ii) the determination on a case-by-case basis of the developments which are likely to have significant effects on the environment.

• (3) Any reference in an enactment to development of a class specified under Article 24 of the European Communities (Environmental Impact Assessment) Regulations, 1989 (S.I. No. 349 of 1989), shall be deemed to be a reference to a class of development prescribed under this section.

176A. F788[Application for screening for environmental impact assessment

176A.—(1) In this section and sections 176B and 176C—

"screening determination for environmental impact assessment" means a determination made as part of a screening for environmental impact assessment;

"screening for environmental impact assessment" means a determination—

• (a) as to whether a proposed development would be likely to have significant effects on the environment, and

• (b) if the development would be likely to have such effects, that an environmental impact assessment is required.

• F789[(1A) A planning authority shall not consider an application under this section in respect of proposed development to which Chapter II of Part XXI applies, unless the applicant—

• (a) is the holder of a—

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

• (ii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,

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

• (c) is the lessee, under a lease granted under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, or

• (d) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.]

(2)(a) Subject to section 176B, where a proposed development is of a class standing specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 and does not equal or exceed, as the case may be, the relevant quantity, area or other limit standing specified in that Part, an application for a screening for environmental impact assessment in respect of that development may be submitted to the planning authority in whose area the development would be situated.

• (b) Subject to section 176B, where a proposed development is of a class standing prescribed under section 176 for the purposes of this paragraph, an application for a screening for environmental impact assessment in respect of that development shall be submitted to the planning authority in whose area the development would be situated.

• (3) An application under subsection (2) shall contain—

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

• F790[(b) where the applicant is not the owner or occupier of the land that is the subject of the proposed development, the name and address of the owner (if any) and, where the owner is not the occupier of the land, the occupier (if any),]

• (c) a location map for the proposed development,

• (d) a description of the nature and extent of the proposed development, its characteristics, its likely significant effects on the environment (including the information specified in Schedule 7A to the Planning and Development Regulations 2001) including, where relevant, information on how the available results of other relevant assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive have been taken into account, and

• (e) any such other information as may be prescribed by the Minister,

and be accompanied by such fee as may be prescribed under section 246(1)(ca).

• (3A) An application under subsection (2) may be accompanied by a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

• (4) For the purposes of enabling a planning authority to carry out a screening for environmental impact assessment on foot of an application under subsection (2), the authority may do either or both—

• (a) seek further information that it considers necessary from the applicant or any other person that the authority considers appropriate, and

• F791[(b) consult any person—

• (i) to whom a planning authority is required to send a notice in accordance with Article 28 of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001), or

• (ii) prescribed by the Minister,

and consider any submissions or observations made by that person,]

and, where paragraph (a) or (b) applies, the authority shall specify the period within which the information or views concerned are required to be received by the authority.

• (5) Subject to subsection (5A), where the applicant is not the owner or occupier of the land the subject of the proposed development, the planning authority concerned shall invite in writing—

• (a) the owner F789[(if any)] to make a submission on an application made under subsection (2), and

• F790[(b) where the owner is not the occupier of the land, the occupier (if any) of that land to make such a submission,]

and, where paragraph (a) or (b) applies, the authority shall specify the period within which the submission or submissions is or are required to be received by the authority.

• (5A) The invitation under subsection (5) shall state that the owner or occupier may provide a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the development.

• (6) A planning authority may reject an application under subsection (2) if in the opinion of the authority the application is incomplete in any material detail.

• (7) Where a planning authority rejects an application in accordance with subsection (6), it shall—

• (a) subject to subsection (8), return the documents to which subsection (3) relates to the applicant, F792[…] and

• (b) give reasons for its decision to the applicant,

and, where the applicant is not the owner or occupier of the land the subject of the proposed development, F790[the planning authority shall also notify the owner (if any) or, where the owner is not the occupier of the land, the occupier (if any) of its decision under subsection (6)].

• (8) Subsection (7) is without prejudice to the planning authority—

• (a) making a copy of a document,

• (b) retaining an electronic copy of a document, or

• (c) by agreement with the applicant concerned, retaining a document,

to which that subsection relates.]

176B. F793[Screening for environmental impact assessment

176B.—(1) A planning authority shall, where appropriate, carry out screening for appropriate assessment in respect of a proposed development as provided for by section 177U(10) at the same time as carrying out a screening for environmental impact assessment in respect of the development under subsection (2).

• (2) Subject to subsections (1) and (2A), a planning authority shall, on foot of an application under subsection (2) of section 176A and to which subsections (6) and (7) of that section do not relate, carry out a screening for environmental impact assessment in respect of the proposed development—

• (a) where further information, views or submissions—

• (i) are duly sought by the planning authority under subsection (4) or (5) of section 176A, and

• (ii) are duly received by the authority within the period specified under the said subsection (4) or (5),

within the period of 3 weeks from the date that such information, views or submissions are so received, or

• (b) where further information, views or submissions are not sought by the planning authority under subsection (4) or (5) of section 176A, as the case may be, within the period of 4 weeks from the receipt of the application under section 176A(2).

(2A)(a) Subject to paragraph (b), the planning authority shall not be required to comply with subsection (2)(a) or (b) within the period of 3 weeks or 4 weeks, as the case may be, referred to in that subsection where it appears to the planning authority that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

• (b) Where paragraph (a) applies, the planning authority shall, by notice in writing served on—

• (i) the applicant,

• (ii) the owner F794[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,

• (iii) the occupier F794[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and

• (iv) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),

before the expiration of the period of 3 weeks or 4 weeks, referred to in subsection (2)(a) or (b), as the case may be, inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify the date before which the authority intends that the screening determination for environmental impact assessment concerned shall be made.

(3)(a) Before making a decision on an application under section 176A(2), the planning authority shall—

• (i) consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001,

• (ia) take into account—

• (I) the information provided pursuant to section 176A(3)(d), and

• (II) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

• (ii) have regard to any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A).

• (b) A planning authority shall include, or refer to, in its screening determination for environmental impact assessment made under this section the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which such determination is based.

(3A)(a) Paragraph (b) applies where the screening determination for environmental impact assessment made under this section is that the proposed development would not be likely to have significant effects on the environment and there has been provided, under section 176A(3A) or (5A), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the proposed development.

• (b) A planning authority shall specify such features, if any, and such measures, if any, in its screening determination for environmental impact assessment made under this section.

• (4) A planning authority shall give notice in writing of its screening determination for environmental impact assessment made under this section to—

• (a) the applicant,

• (b) any person or body consulted under section 176A(4), and

• F795[(c) where subsection (5) of section 176A applies, the owner (if any) and the occupier (if any) of the land that is the subject of the proposed development,]

and the notice shall include—

• (i) the planning authority’s reasons for that determination, and

• (ii) information concerning referral of the determination to the Board for review under section 176C.

• (4A) The notice under subsection (4) shall be placed with any application for consent for proposed development subsequently made in respect of which an application for a screening for environmental impact assessment was made under section 176A(2).

• (5) A planning authority shall publish the screening determination for environmental impact assessment, either or both—

• (a) on its website, and

• (b) in a newspaper circulating in the area where the proposed development would be situated,

together with a notice—

• (i) stating that the determination may be referred to the Board for review by—

• (I) the applicant,

• (II) the owner F794[(if any)] of the land, where he or she is not the applicant,

• (III) the occupier F794[(if any)] of the land, where he or she is not the applicant or the owner of the land, and

• (IV) any person or body consulted by the planning authority about the application,

• (ii) stating that a person may question the validity of either or both—

• (I) the screening determination for environmental impact assessment by the planning authority, and

• (II) any determination by the Board of the said screening determination,

by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with sections 50 and 50A, and

• (iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found.

(6)(a) Where a planning authority makes a screening determination for environmental impact assessment under this section, the following documents shall, within 3 working days, be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours for at least the minimum period referred to in paragraph (b):

• (i) a copy of the application made under section 176A(2) and any description, information, views, submissions, particulars, evidence, written study or further information received or obtained from—

• (I) the applicant,

• (II) the owner F794[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,

• (III) the occupier F794[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and

• (IV) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),

• (ii) a copy of any report prepared by or for the authority in relation to the application, and

• (iii) a copy of the screening determination for environmental impact assessment made under this section by the authority.

• (b) The minimum period for the purposes of paragraph (a) is 8 weeks from the date of the screening determination for environmental impact assessment made under this section by the planning authority.]

176C. F796[Review of screening determination for environmental impact assessment and referral of application for screening for environmental impact assessment

176C.—(1) Where a screening determination for environmental impact assessment is made by a planning authority under section 176B, any person to whom subsection (4) or (5) of that section relates may, within 3 weeks of the issuing of the determination and on payment to the Board of the appropriate fee, refer the determination for review (in this section referred to as a "determination review") by the Board.

• (2) Without prejudice to section 176B, where an application was made under section 176A and no screening determination for environmental impact assessment has been issued by a planning authority within the appropriate period of time provided for by section 176B(2), then—

• (a) the person who made the application may—

• (i) within the period of 3 weeks after the latest date by which that determination was due to be issued under section 176B(2), and

• (ii) on payment to the Board of the appropriate fee,

refer the application in question to the Board (which act is in this section referred to as an ‘application referral’) for determination, and

• (b) the authority concerned shall repay to the applicant the fee paid to the authority in accordance with section 176A(3).

• (3) Where a determination to which subsection (1) relates or an application to which subsection (2) relates is referred to the Board under either of those subsections, the person so referring shall give notice to that effect to the planning authority concerned, and accordingly that authority shall forthwith forward to the Board—

• (a) a copy of the application submitted to the authority under paragraph (a) or (b) of section 176A(2) and any determination made, and

• (b) any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A), in respect of the application to the planning authority.

• (4) The Board shall, where appropriate, carry out screening for appropriate assessment in respect of the proposed development as provided for by section 177U(10) at the same time as making a determination under this section in respect of the development.

• (5) Before making a determination under this section, the Board shall—

• (a) consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001,

• (b) take into account—

• (i) the information provided pursuant to section 176A(3)(d), and

• (ii) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

• (c) have regard to any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A) and any screening determination for environmental impact assessment made by the planning authority under section 176B.

• (5A) The Board shall include, or refer to, in its determination under this section the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which the determination is based.

• (6) Subject to subsection (6A), the Board shall make a determination on the determination review or the application referral—

• (a) within 5 weeks of receiving from the planning authority the documents to which subsection (3) relates, or

• (b) where the Board requests from the applicant, or any other person that it considers appropriate, further information with regard to the determination review or application referral in order to enable the Board to make a determination and specifies the period within which the information or views concerned are required to be received by the Board, within 4 weeks of the due receipt of the further information.

(6A)(a) Subject to paragraph (b), the Board shall not be required to comply with subsection (6)(a) or (b) within the 5 week period or 4 week period, as the case may be, referred to in that subsection where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

• (b) Where paragraph (a) applies, the Board shall, by notice in writing served on—

• (i) the applicant,

• (ii) the planning authority,

• (iii) the owner F797[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,

• (iv) the occupier F797[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and

• (v) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),

before the expiration of the period of 5 weeks or 4 weeks referred to in subsection (6)(a) or (b), as the case may be, inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify the date before which the Board intends that the determination concerned shall be made.

• (7) A determination review or a determination on foot of an application referral under this section shall consist of a determination by the Board—

• (a) as to whether a proposed development would be likely to have significant effects on the environment, and

• (b) if the development would be likely to have such effects, that an environmental impact assessment is required.

(7A)(a) Paragraph (b) applies where the determination under this section is that the proposed development would not be likely to have significant effects on the environment and there has been provided, in accordance with section 176A(3A) or (5A), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

• (b) The Board shall specify such features, if any, and such measures, if any, in its determination under this section.

• (8) The Board shall give notice in writing of its determination under this section to—

• (a) the planning authority,

• (b) the applicant,

• (c) any person or body consulted under section 176A(4),

• F798[(d) where subsection (5) of section 176A applies, the owner (if any) and the occupier (if any) of the land that is the subject of the proposed development, and]

• (e) any other person, requested by the Board under subsection (6)(b) to provide further information with regard to the determination review or application referral,

by issuing in writing to each of them a notice to that effect and the notice shall include the Board’s reasons for that decision.

• (8A) The notice issued under subsection (8) shall be placed with any application for consent for proposed development subsequently made to the planning authority or the Board, as the case may be, or any appeal or referral made to the Board in respect of which an application for a screening for an environmental impact assessment was made under section 176A(2).

• (9) On notification by the Board of a determination under this section, the planning authority shall publish the determination either or both—

• (a) on its website, and

• (b) in a newspaper circulating in the area where the proposed development would be situated,

together with a notice—

• (i) indicating the place or places at which the documents relating to the making of the determination are available for inspection and purchase by members of the public and, where applicable, the availability of the said documents for inspection by electronic means,

• (ii) stating that a person may question the validity of the determination by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with sections 50 and 50A, and

• (iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found.

• (10) The Board shall—

• (a) keep a record of any determination made by it under this section and the main reasons and considerations on which its determination was based,

• (b) from time to time, but at least once in every year, forward to each planning authority a copy of the record referred in paragraph (a), and

• (c) make the record available for purchase and inspection during office hours or available on its website, or both,

and, where the record specified in paragraph (a) is made available for purchase and inspection, the Board may charge a specified fee as determined pursuant to section 144(1A)(ha) but such fee shall not exceed the cost of making the copy.

(11)(a) Where the Board makes a screening determination for environmental impact assessment under this section, the following documents shall, within 3 working days, be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours at the offices of the Board for at least the minimum period referred to in paragraph (b):

• (i) a copy of the application made under section 176A(2), the referral for determination review or the application referral, as the case may be, and any description, information, views, submissions, particulars, evidence, written study or further information received or obtained from—

• (I) the applicant,

• (II) the owner F797[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,

• (III) the occupier F797[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land,

• (IV) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4), and

• (V) any other person requested by the Board under subsection (6)(b) to provide further information with regard to the determination review or application referral,

• (ii) a copy of any report prepared by or for the Board in relation to the determination review or application referral, and

• (iii) a copy of the screening determination for environmental impact assessment made under this section by the Board.

• (b) The minimum period for the purposes of paragraph (a) is 8 weeks from the date of the screening determination for environmental impact assessment made by the Board.]

177. Prescribed information regarding environmental impact statements.

177.—(1) The Minister may prescribe the information that is to be contained in an F799[environmental impact assessment report].

• (2) Any reference in an enactment to the information to be contained in an environmental impact statement specified under Article 25 of the European Communities (Environmental Impact Assessment) Regulations, 1989, shall be deemed to be a reference to information prescribed under this section.

F800[PART XA Substitute Consent]

177A. F801[Interpretation.

177A.—(1) In this Part—

F802["exceptional circumstances" shall, other than in section 177K(2A)(b), be construed in accordance with section 177K(1J);]

"F803[remedial environmental impact assessment report]" shall be construed in accordance with section 177F;

"remedial Natura impact statement" shall be construed in accordance with section 177G;

"substitute consent" means substitute consent granted under section 177K.

• (2) Subject to this Part, a word or expression that is used in the Part and that is also used in the Birds Directive or the Habitats Directive has, unless the context otherwise requires, the same meaning in this Part as it has in the Birds Directive or the Habitats Directive.]

177B. F804[Application to apply for substitute consent where notice served by planning authority.

177B.—F805[…]]

177C. F806[Application for leave to apply for substitute consent where notice not served by planning authority.

177C.—F807[…]]

177D. F808[Decision of Board on whether to grant leave to apply for substitute consent.

177D.—F809[…]]

177E. F810[Application for substitute consent.

177E.—(1) An application for substitute consent F811[in respect of development of land] shall be made to the Board.

• F812[(1A) The Board may, at its own discretion and at the request of a person who intends to make an application for substitute consent, enter into consultations in respect of the application with that person before he or she makes the application.]

• F811[(1B) Subject to subsection (2A), an application for substitute consent may be made by—

• (a) a person who has carried out the development referred to in subsection (1), or

• (b) the owner or occupier of the land on which the development has been carried out.

• (1C) The Board shall only consider an application for substitute consent in respect of development of land where—

• (a) subject to subsection (1D), the Board is satisfied under section 172 that an environmental impact assessment was required or is required for the development,

• (b) subject to subsection (1E), the Board is satisfied under section 177U that an appropriate assessment was required or is required for the development, or

• (c) subject to subsections (1D) and (1E), the Board is satisfied under sections 172 and 177U, that both of the assessments referred to at paragraphs (a) and (b) were required or are required for the development.

• (1D) Where the Board receives an application which is accompanied by a remedial environmental impact assessment report under subsection (2)(b) and the application is not, under this Act or any regulations made under it, invalid or withdrawn, the Board shall be deemed to be satisfied that an environmental impact assessment is required and was required and the Board shall consider the application.

• (1E) Where the Board receives an application which is accompanied by a remedial Natura impact statement under subsection (2)(b), and the application is not, under this Act or any regulations made under it, invalid or withdrawn, the Board shall be deemed to be satisfied that an appropriate assessment is required and was required and the Board shall consider the application.]

• F812[(2) An application for substitute consent shall—

• (a) state the name of the person making the application,

• (b) be accompanied by a remedial environmental impact assessment report or remedial Natura impact statement, or both,

• (c) be accompanied by the fee payable in accordance with section 177M,

• (d) comply with any requirements prescribed under section 177N, and

• (e) be accompanied by any other document that the applicant considers would be of assistance to the Board in making a decision in relation to his or her application.]

• F812[(2A) Where an application for substitute consent is made in respect of development of land for which planning permission has been granted, that application may be made in relation to—

• (a) that part of the development permitted under the permission that has been carried out at the time of the application, or

• (b) subject to subsection (2B), that part of the development referred to in paragraph (a) and all or part of the development permitted under the permission that has not been carried out at the time of the application.]

• F813[(2B) Where subsection (2A)(b) applies the applicant shall, in relation to that part of the development that has not been carried out at the time of the application, furnish one or both of the following to the Board with his or her application:

• (a) where a remedial environmental impact assessment report has been furnished with the application, an environmental impact assessment report;

• (b) where a remedial Natura impact statement has been furnished with the application, a Natura impact statement.]

• (3) F814[…]

• (4) The Board may at its own discretion, on request extend the period F812[specified in section 177B (whether the notice given under section 177B(1) was confirmed or amended before the date of the coming into operation of section 40 (a) of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, or confirmed or amended on or after that date in accordance with section 41 (10) of that Act) or specified in section 261A], for the making of an application for substitute consent, by such further period as it considers appropriate.

F815[(4A)(a) The Board shall consider whether a remedial environmental impact assessment report submitted under this section identifies and describes adequately the direct and indirect significant effects on the environment of the development.

• (b) Paragraph (c) applies where the Board considers that the remedial environmental impact assessment report does not identify or adequately describe such effects.

• (c) The Board shall require the applicant for substitute consent to furnish, within a specified period, such further information which is necessary to ensure the completeness and quality of the remedial environmental impact assessment report and which is directly relevant to reaching the reasoned conclusion on the significant effects on the environment of the development as the Board considers necessary to remedy such defect.]

• F813[(4B) Where the Board considers that a remedial Natura impact statement does not comply with paragraph (a), (b) or (c) of section 177G(1), the Board shall require the applicant for substitute consent to furnish, within a specified period, such further information as it considers necessary for the statement to so comply.

• (4C) Where further information required by the Board under subsection (4A)(c) or (4B) is not furnished to it by the applicant within the period specified under that subsection, or within any further period as may be specified by the Board, the application shall be deemed to have been withdrawn by the applicant.]

• (5) As soon as may be after receipt of an application for substitute consent under this section, which is not invalid, the Board shall send a copy of the application and all associated documentation, including the F816[remedial environmental impact assessment report, or the remedial Natura impact statement, or both that report and that statement, as the case may be, and, where subsection (2A)(b) applies, the environmental impact assessment report or Natura impact statement or both that report and that statement]F817[, as the case may be,] to the planning authority for the area in which the development the subject of the application is situated and such documentation shall be placed on the register.]

• F813[(6) Where a remedial environmental impact assessment report, remedial Natura impact statement, environmental impact assessment report or Natura impact statement is received by the Board in response to a requirement under subsection (2CA), (2CB) or (2CC) of section 177K, the Board shall, as soon as may be after its receipt, send the report or statement, as the case may be, to the planning authority referred to in subsection (5), and the planning authority shall place the report or statement on the register.]

177F. F818[Remedial environmental impact statement.

177F.—(1) A F819[remedial environmental impact assessment report] shall contain the following:

• (a) a statement of the significant effects, if any, on the environment, which have occurred or which are occurring or which can reasonably be expected to occur because the development the subject of the application for substitute consent was carried out;

• (b) details of—

• (i) any appropriate remedial measures undertaken or proposed to be undertaken by the applicant for substitute consent to remedy any significant adverse effects on the environment;

• (ii) the period of time within which any proposed remedial measures shall be carried out by or on behalf of the applicant;

• (c) such information as may be prescribed under section 177N.

• F820[(1A) The remedial environmental impact assessment report shall be prepared by experts with the competence to ensure its completeness and quality.]

• (2)
• F821[(a) F822[(i) A person may request the Board to give him or her an opinion referred to in subparagraph (ii) in relation to a development—

• (I) before he or she makes an application for substitute consent in respect of the development, or

• (II) after he or she has made such an application, where required by the Board under section 177K(2CA) to submit a remedial environmental impact assessment report.]

• (ii) Subject to subparagraph (iii), F822[the Board shall, when requested to do so by the person referred to in subparagraph (i),] taking into account the information provided by F822[the person], in particular on the specific characteristics of the development, including its location and technical capacity, and its impact and likely impact on the environment, as soon as may be give an opinion in writing on the scope and level of detail of the information to be included in the remedial environmental impact assessment report F823[in relation to the development].

• (iii) The Board shall give the opinion in writing before the submission by F822[the person referred to in subparagraph (i)] of the remedial environmental impact assessment report.]

• F824[(aa) Where an opinion referred to in paragraph (a) has been provided, the remedial 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 development, taking into account current knowledge and methods of assessment.]

• (b) F822[The person referred to in paragraph (a)(i)] shall, in connection with a request under paragraph (a), forward to the Board sufficient information in relation to the development the subject of the application for substitute consent to enable the Board to comply with that request, and shall forward any additional information requested by the Board.

• (c) The provision of an opinion under this subsection shall not prejudice the performance by the Board of any of its functions under this Act or regulations under this Act and cannot be relied upon in the application for substitute consent or in any legal proceedings.]

177G. F825[Remedial Natura impact statement.

177G.—(1) A remedial Natura impact statement shall contain the following:

• (a) a statement of the significant effects, if any, on the relevant European site which have occurred or which are occurring or which can reasonably be expected to occur because the development the subject of the application for substitute consent was carried out;

• (b) details of—

• (i) any appropriate remedial or mitigation measures undertaken or proposed to be undertaken by the applicant for substitute consent to remedy or mitigate any significant effects on the environment or on the European site;

• (ii) the period of time within which any such proposed remedial or mitigation measures shall be carried out by or on behalf of the applicant;

• (c) such information as may be prescribed under section 177N;

• (d) and may have appended to it, where relevant, and where the applicant may wish to rely upon same:

• (i) a statement of imperative reasons of overriding public interest;

• (ii) any compensatory measures being proposed by the applicant.]

177H. F826[Submissions or observations by person other than the applicant for substitute consent or planning authority.

177H.—F827[(1) Any person (other than the applicant for substitute consent) or a planning authority may make submissions or observations (including submissions or observations as to the existence or absence of exceptional circumstances justifying a grant of substitute consent) to the Board in relation to an application for substitute consent, and any such submissions or observations shall be in writing.]

• (2) Submissions or observations that are made under this section shall not be considered by the Board if the person who submits them has not complied with any relevant requirements prescribed by regulations under section 177N.

• (3) Subsection (2) shall not apply in relation to submissions or observations made by a Member State or another state which is a party to the Transboundary Convention, arising from consultation in accordance with the Environmental Impact Assessment Directive or the Transboundary Convention, as the case may be, in relation to the effects on the environment of the development to which an application for substitute consent relates.]

177I. F828[Report of planning authority.

177I.—(1) F829[Subject to subsection (1A), no later] than 10 weeks after receipt, under section 177E(5), by a planning authority of a copy of an application for substitute consent and a F830[remedial environmental impact assessment report or a remedial Natura impact statement or both that report and that statement, as the case may be, and, where section 177E(2A)(b) applies, an environmental impact assessment report or Natura impact statement or both that report and that statement] F831[, as the case may be,] a planning authority shall submit a report to the Board and the Board shall consider the report.

• F832[(1A) Where section 177E(6) applies, the period of 10 weeks referred to in subsection (1) shall run from the date of receipt by the planning authority of the report or statement, as the case may be, under that section.]

• (2) The report referred to in subsection (1) shall include the following:

• (a) information relating to development (including development other than the development which is the subject of the application for consent) carried out on the site where the development the subject of the application for consent is situated, and any application for permission made in relation to the site and the outcome of the application;

• (b) information relating to any warning letter, enforcement notice or proceedings relating to offences under this Act that relate to the applicant for substitute consent;

• (c) information regarding the relevant provisions of the development plan and any local area plan as they affect the area of the site and the type of development concerned;

• (d) any information that the authority may have concerning—

• (i) current, anticipated or previous significant effects on the environment, or on a European site associated with the development or the site where the development took place F833[or, where section 177E(2A)(b) applies, is proposed to take place] and, if relevant, the area surrounding or near the development or site, or

• (ii) any remedial measures recommended or undertaken;

• (e) the opinion, including reasons therefor, of the F834[chief executive] as to—

• (i) whether or not substitute consent should be granted for the development, and

• (ii) the conditions, if any, that should be attached to any grant of substitute consent.]

177J. F835[Draft direction and direction to cease activity or operations.

177J.—(1) Where the Board has received an application for substitute consent made in accordance with section 177E and is considering that application, it may give a draft direction in writing to the person who made the application requiring the person to cease within the period specified in the draft direction, all or part of his or her activity or operations on or at the site of the development the subject of the application, where the Board forms the opinion that the continuation of all or part of the activity or operations is likely to cause significant adverse effects on the environment or adverse effects on the integrity of a European site.

• (2) The draft direction referred to in subsection (1) shall inform the applicant of the Board’s reasons for its opinion that the continuation of all or part of the activity or operations is likely to cause significant adverse effects on the environment or adverse effects on the integrity of a European site.

• (3) The person to whom the draft direction is given may make a submission or observation to the Board in relation to the draft direction within 2 weeks of receipt of the draft direction.

• (4) The Board shall consider any submission or observation submitted to it under subsection (3) and may do one of the following:

• (a) give a direction to the applicant for substitute consent confirming the draft direction;

• (b) give a direction to the applicant varying the draft direction;

• (c) withdraw the draft direction,

and shall send a copy of the direction to the relevant planning authority, or inform the authority of its decision to withdraw the draft direction, as the case may be.

• (5) A person who fails to comply with a direction given by the Board under subsection (4), within the time specified in the direction shall be guilty of an offence and shall be liable—

• (a) on summary conviction, to a fine not exceeding €5,000, or to imprisonment for a term not exceeding 6 months, or to both, or

• (b) on conviction on indictment, to a fine not exceeding €12,600,000 or to imprisonment for a term not exceeding 2 years, or to both.

• (6) Where a person is convicted of an offence referred to in subsection (5) and there is a continuation by him or her of the offence after his or her conviction, he or she shall be guilty of a further offence on every day on which the contravention continues and for each such offence shall be liable—

• (a) on summary conviction, to a fine not exceeding €500 for each day on which the offence is so continued or to imprisonment for a term not exceeding 6 months, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 6 months, or

• (b) on conviction on indictment, to a fine not exceeding €12,600 for each day on which the offence is so continued, or to imprisonment for a term not exceeding 2 years, or to both, provided that if a person is convicted in the same proceedings of 2 or more such further offences the aggregate term of imprisonment to which he or she shall be liable shall not exceed 2 years.]

177K. F836[Decision of Board.

177K.—F837[(1) Where an application is made to the Board for substitute consent in accordance with this Act and regulations under this Act—

• (a) the Board shall ensure that it has, or has access to, sufficient expertise to enable it to examine the remedial environmental impact assessment report and ensure its adequacy, and

• (b) the Board may, subject to subsection (1A)—

• (i) grant substitute consent (with or without conditions) in respect of the development concerned, or

• (ii) refuse substitute consent in respect of the development concerned.]

• F838[(1A)
• (a) The Board shall not grant substitute consent (whether subject to conditions or not) unless it is satisfied that exceptional circumstances exist that would justify the grant of such consent by the Board.

• (b) F839[…]

• (c) F839[…]

• (1B) F840[…]

• (1C) F840[…]

• (1D) F840[…]

• (1E) F840[…]

• (1F) F840[…]

• (1G) F840[…]

• (1H) F840[…]

• (1I) F840[…]]

• F841[(1J) In considering whether exceptional circumstances exist under subsection (1A)(a) the Board shall have regard to the following matters:

• (a) whether regularisation of the development concerned would circumvent the purpose and objectives of the Environmental Impact Assessment Directive or the Habitats Directive;

• (b) whether the applicant had or could reasonably have had a belief that the development was not unauthorised;

• (c) whether the ability to carry out an assessment of the environmental impacts of the development for the purpose of an environmental impact assessment or an appropriate assessment and to provide for public participation in such an assessment has been substantially impaired;

• (d) the actual or likely significant effects on the environment or adverse effects on the integrity of a European site resulting from the carrying out or continuation of the development;

• (e) the extent to which significant effects on the environment or adverse effects on the integrity of a European site can be remediated;

• (f) whether the applicant has complied with previous planning permissions granted or has previously carried out an unauthorised development;

• (g) such other matters as the Board considers relevant.]

• (2) When making its decision in relation to an application for substitute consent, the Board shall consider the proper planning and sustainable development of the area, regard being had to the following matters:

• (a) the provisions of the development plan or any local area plan for the area;

• (b) the provisions of any special amenity area order relating to the area;

• (c) the F842[remedial environmental impact assessment report, or remedial Natura impact statement, or both that report and that statement, as the case may be, and, where section 177E(2A)(b) applies, the environmental impact assessment report or Natura impact statement or both that report and that statement] F843[, as the case may be,] submitted with the application F841[or in accordance with a requirement under subsection (2CA), (2CB) or (2CC)];

• (d) the significant effects on the environment, or on a European site, which have occurred or which are occurring or could reasonably be expected to occur because the development concerned F844[was or is proposed to be carried out];

• (e) the report and the opinion of the planning authority under section 177I;

• (f) any submissions or observations made in accordance with regulations made under section 177N;

• (g) any report or recommendation prepared in relation to the application by or on behalf of the Board, including the report of the person conducting any oral hearing on behalf of the Board;

• (h) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact;

• (i) conditions that may be imposed in relation to a grant of permission under section 34(4), F845[282(3) or 293(7)];

• (j) the matters referred to in section 143;

• (k) the views of a Member State where the Member State is notified in accordance with regulations under this Act;

• (l) any relevant provisions of this Act and regulations made thereunder.

F846[(2A)(a) Subject to paragraph (b), the Board shall make a determination for the purposes of this section as to whether an environmental impact assessment was or is required within 8 weeks of receipt of the information specified in Schedule 7A to the Planning and Development Regulations 2001.

• (b) Subject to paragraph (c), the Board shall not be required to comply with paragraph (a) within the period specified in paragraph (a) where it appears to the Board that it would not be possible or appropriate, because of the exceptional circumstances of the development (including in relation to the nature, complexity, location or size of such development) to do so.

• (c) Where paragraph (b) applies, the Board shall, by notice in writing served on the applicant before the expiration of the period specified in paragraph (a), inform him or her of the reasons why it would not be possible or appropriate to comply with paragraph (a) within that period and shall specify the date before which the Board intends that the determination concerned shall be made.

• (2B) Where the Board makes a determination for the purposes of this section as to whether an environmental impact assessment was or is required, it shall, in making that determination, have regard to—

• (a) the criteria set out in Schedule 7 to the Planning and Development Regulations 2001,

• (b) the information submitted pursuant to Schedule 7A to the Planning and Development Regulations 2001,

• (c) the further relevant information, if any, referred to in article 227(2)(cb) of the Planning and Development Regulations 2001 and the description, if any, referred to in article 227(2A) of those Regulations,

• (d) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

• (e) in respect of a development which would be located on, or in, or have the potential to impact on—

• (i) a European site,

• (ii) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),

• (iii) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000,

• (iv) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976),

• (v) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act 1976,

• (vi) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed, or

• (vii) a place or site which has been included by the Minister for Culture, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,

the likely significant effects of the development on such site, area, land, place or feature, as appropriate.

• (2C) The Board shall include, or refer to, in its decision under subsection (1) the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which the determination under subsection (2A) is based.

• F847[(2CA) Where the applicant submitted a remedial Natura impact statement under section 177E(2), but did not submit a remedial environmental impact assessment report under that section, and the Board determines that an environmental impact assessment was required or is required, the Board shall require the applicant to submit such a report within a specified period.

• (2CB) Where the applicant submitted a remedial environmental impact assessment report under section 177E(2), but did not submit a remedial Natura impact statement under that section, and the Board determines that an appropriate assessment was required or is required, the Board shall require the applicant to submit such a statement within a specified period.

• (2CC) Where section 177E(2A)(b) applies and a remedial environmental impact assessment report or remedial Natura impact statement, as the case may be, was not submitted with an application but is subsequently required under subsection (2CA) or (2CB), the Board shall, in relation to the part of the development referred to in section 177E(2A)(b) that has not been carried out at the time of the application, require the applicant to submit an environmental impact assessment report or a Natura impact statement, as the case may be, within a specified period.

• (2CD) Where the Board requires the applicant to submit within a specified period a report under subsection (2CA), a statement under subsection (2CB), or a report or statement under subsection (2CC), and the report or statement is not submitted to it within that period, or within any further period that the Board may specify, the application shall be deemed to have been withdrawn by the applicant.]

(2D)(a) Paragraph (b) applies where the determination under subsection (2A) is that the development did not or would not be likely to have significant effects on the environment (and, accordingly, an environmental impact assessment is or was not required) and the applicant has provided, F848[in accordance with the Planning and Development Regulations 2001], a description of the features, if any, of the development and the measures, if any, incorporated or envisaged, to avoid, prevent or reduce what might otherwise be or have been significant adverse effects on the environment of the development.

• (b) The Board shall specify such features, if any, and such measures, if any, in its decision under subsection (1).

(2E)(a) Where the Board decides under subsection (1) to grant substitute consent for the 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 development,

• (ii) where the applicant has provided, F848[in accordance with the Planning and Development Regulations 2001], a description of the features, if any, of the development and the measures, if any, incorporated or envisaged to avoid, prevent or reduce and, if possible, offset what might otherwise have been the significant adverse effects on the environment of the development, specify such features, if any, and such measures, if any, in the decision, and

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