PLANNING AND DEVELOPMENT ACT, 2000

• (b) Where the Board decides under subsection (1) to grant substitute consent for the 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 such arrangements (or parts thereof as it thinks appropriate in the particular case) to be used for the purpose of paragraph (a)(iii).]

• (3) The conditions referred to in subsection (1) may include—

• (a) one or more than one condition referred to in section 34(4), F845[282(3) or 293(7), as may be appropriate,]

• (b) a condition or conditions relating to remediation of all or part of the site on which the development the subject of the grant of substitute consent is situated,

• (c) a condition or conditions requiring a financial contribution in accordance with section 48, or

• (d) a condition or conditions requiring a financial contribution in accordance with a supplementary development contribution scheme under section 49.

• (4) The Board shall send a notification of its decision under subsection (1) to the applicant, and such notification shall state—

• (a) the main reasons for and considerations on which the decision is F849[made,]

• F850[(aa) F851[where an environmental impact assessment was carried out,] the reasoned conclusion by the Board on the significant effects on the environment of the development, taking into account the results of the examination of the information contained in the remedial environmental impact assessment report or the environmental impact assessment report, or both such reports, as the case may be, and any supplementary information provided, where necessary, by the applicant in accordance with regulations under this Part and any relevant information received through consultations with prescribed authorities in accordance with regulations under this Part and, where appropriate, its own supplementary examination, and]

• (b) where conditions are imposed in relation to the grant of substitute consent the main reasons for the imposition of any such conditions.

F852[(4A)(a) Where the decision under subsection (1) by the Board to impose a condition (being an environmental condition which arises from the consideration of the remedial environmental impact assessment report or the environmental impact assessment report concerned, or both such reports, as the case may be) in relation to the grant of substitute consent is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the Board shall, in its statement under subsection (4)(b), indicate the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition.

• (b) Where F851[an environmental impact assessment was carried out and] the decision under subsection (1) by the Board is to grant, subject to or without conditions, substitute consent, the Board shall cause the decision to be accompanied by a statement that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision.

• (c) F848[Where an environmental impact assessment was carried out, the Board shall] include in its decision under subsection (1) a summary of the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment concerned and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the decision or otherwise addressed.]

• (5) The Board shall also send a copy of its decision under subsection (1) to the planning authority in whose area the development the subject of the application for substitute consent is situated and to any person who made submissions or observations in relation to the application.

• (6) For the avoidance of doubt, there shall be no right to compensation under Part XII in respect of any of the following:

• (a) F853[…]

• (b) a direction of the Board to cease all or part of an activity or operations under section 177J;

• (c) a decision of the Board under this section to refuse an application for substitute consent under this section;

• (d) a decision of the Board under this section to grant substitute consent subject to one or more than one condition;

• (e) a direction of the Board to cease activity or operations or to take remedial measures under section 177L.]

177L. F854[Direction by Board to cease activity or operations or take remedial measures.

177L.—(1) Where the Board F855[…] refuses to grant substitute consent under section 177K, it may give a draft direction in writing to the applicant concerned requiring him or her—

• (a) 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, or

• (b) to take such remedial measures, within the period specified in the draft direction, as the Board considers are necessary for either or both of the following:

• (i) to restore the site on or at which the development referred to in the application is situated, to a safe and environmentally sustainable condition;

• (ii) to avoid, in a European site the deterioration of natural habitats and the habitats of species or the disturbance of the species for which the site has been designated, insofar as such disturbance could be significant in relation to the objectives of the Habitats Directive.

• (2) A draft direction referred to in subsection (1) shall give the reasons the Board considers that the specified measures are necessary and shall inform the person to whom the direction is sent that he or she may make submissions or observations to the Board in relation to the notice within 4 weeks of the date of the notice.

• (3) Where the Board gives a draft direction to a person under subsection (1) it shall at the same time send a copy of the direction to the relevant planning authority and shall inform the planning authority that it may make submissions or observations to the Board in relation to the direction within 4 weeks of the date of the notice.

• (4) In relation to the remedial measures that may be specified a draft direction issued under subsection (1) shall direct the person to whom the direction is given—

• (a) to take the remedial measures specified in the draft direction,

• (b) to keep records of the remedial measures being carried out in accordance with the draft direction,

• (c) to carry out the remedial measures in such order, specified in the draft direction, as the Board considers appropriate,

• (d) to comply with any requirements relating to monitoring and inspection, by the relevant planning authority, of the remedial measures specified in the draft direction,

• (e) to carry out the remedial measures within the period of time specified in the draft direction.

• (5) The Board shall consider any submissions or observations in relation to the draft direction made to it, within 4 weeks of the date of the draft direction by the person to whom the direction was issued or the relevant planning authority and shall, as soon as may be—

• (a) issue a direction to the applicant confirming the draft direction, or

• (b) issue a direction to the applicant varying the draft direction, or

• (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.

• (6) A person who fails to comply with a direction issued by the Board under F856[subsection (5)] within the period 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.

• (7) Where a person is convicted of an offence referred to in subsection (6) 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.

• (8) Insofar as a direction is issued requiring the taking of remedial measures in respect of a development referred to in section 157(4)(aa), such remedial measures may be required in relation to such development that was carried out at any time, but not more than 7 years prior to the date on which this section comes into operation.

• (9) Where monitoring and inspection of remedial measures by a planning authority are specified in a direction under this section, the planning authority shall carry out the monitoring and inspection in accordance with the direction.]

177M. F857[Fees and costs arising on an application for substitute consent.

177M.—(1) The fee payable to the Board in respect of an application for substitute consent shall be the same as the fee that would be payable to the planning authority under the permission regulations if the applicant were making an application for permission for the development under section 34(1) rather than an application for substitute consent.

• (2) Where the Board grants an application for substitute consent under section 177K F858[…], it may determine that a sum or sums is or are required to be paid in order to defray some or all of the costs incurred by the Board or the planning authority during the course of consideration of the application and may direct the applicant to pay the sum or sums to the Board or the planning authority or both, as the case may be.

• (3) A reference to costs in subsection (2) shall be construed as a reference to such costs as the Board in its absolute discretion considers to be reasonable costs, but does not include a reference to so much of the costs there referred to as have been recovered by the Board by way of a fee charged under section 144.

• (4) Where the Board directs an applicant to pay an additional sum or sums to it or the planning authority under subsection (2), it shall F858[…] give to the applicant a notice requiring the payment of that sum or sums by the applicant and shall, if appropriate, give a copy of the notice to the planning authority for the area in which the development the subject of the application is situated.

• (5) An applicant who receives a notification in relation to costs under subsection (2) may, within 2 weeks of the date of such notice, make submissions or observations to the Board in relation to the sum or sums so notified.

• (6) The Board shall consider the submissions or observations made to it under subsection (5) and shall, as soon as may be, decide to confirm, vary or withdraw the notice under subsection (2) and shall give notice to the applicant of the Board’s decision and the reasons therefore and shall give a copy of its decision to the relevant planning authority.

• (7) Where an applicant for substitute consent fails to pay a sum or sums in respect of costs in accordance with a direction under subsection (2), the Board or the planning authority as may be appropriate may recover the sum or sums as a simple contract debt in any court of competent jurisdiction.]

177N. F859[Regulations.

177N.—(1) The Minister shall by regulations make provision for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of this Part.

• (2) Without prejudice to the generality of subsection (1) regulations under this section may provide for the following matters:

• (a) regarding the making of an application F861[…] for substitute consent;

• (b) requiring the submission of information in respect of an application referred to at paragraph (a);

• (c) requiring an applicant to publish a specified notice or notices relating to an application referred to at paragraph (a);

• (d) requiring an applicant for F861[…] substitute consent to submit any further information or evidence with respect to his or her application (including any information as to any estate or interest in or right over land);

• (e) requiring the Board to notify prescribed authorities regarding applications for substitute consent and to give to them such documents, particulars, plans or other information in respect thereof as may be prescribed;

• (f) requiring the Board, in the case of applications for substitute consent where the development the subject of the application is likely to have had or likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention to notify that state;

• (g) the making available for inspection at the offices of the Board or the relevant planning authority, by members of the public, of any specified documents, particulars, plans or other information with respect to applications for substitute consent;

• (h) the making of submissions or observations to the Board in relation to applications for substitute consent;

• (i) the information to be contained in a F860[remedial environmental impact assessment report];

• (j) the information to be contained in a remedial Natura impact statement;

• (k) requiring the Board to furnish to the Minister and to any other specified persons any specified information with respect to F861[…] applications for substitute consent and the manner in which they have been dealt with;

• (l) requiring the Board to publish or give notice of the Board’s decisions in respect of applications for substitute consent, including the giving of notice thereof to prescribed bodies and to persons who made submissions or observations in the prescribed manner.]

177O. F862[Enforcement.

177O.—(1) A grant of substitute consent shall have effect as if it were a permission granted under section 34 of the Act and where a development is being carried out in compliance with a substitute consent or any condition to which the consent is subject it shall be deemed to be authorised development.

• (2) Where a development has not been or is not being carried out in compliance with a grant of substitute consent or any condition to which the substitute consent is subject it shall, notwithstanding any other provision in this Act, be unauthorised development.

• (3) Where a person is required by a planning authority, F863[under section 177B, before the date of the coming into operation of section 40 (a) of the Planning and Development, Maritime and Valuation (Amendment) Act 2022, or on or after that date where section 41 (10) of that Act applies, or under section 261A], to make an application for substitute consent for a development and he or she—

• (a) fails to make such an application in accordance with relevant provisions of this Part and regulations made under section 177N, or

• (b) fails, having made an application, to furnish additional information as required under relevant provisions in this Part or in regulations made under section 177N,

the Board shall inform the planning authority for the area in which the development is situated of that fact and the development shall, notwithstanding any other provision in this Act, be unauthorised development.

• (4) Where a planning authority is informed by the Board that paragraph (a) or (b) as appropriate, of subsection (3) apply to an application, the planning authority shall, as soon as may be, issue an enforcement notice under section 154 of this Act requiring the cessation of activity and the taking of such steps as the planning authority considers appropriate.

• (5) Where an F863[application for substitute consent] for a development is refused by the Board under section 177K the development shall, notwithstanding any other provision in this Act, be deemed to be unauthorised development and the relevant planning authority shall, as soon as may be after receipt of a copy of the relevant decision from the Board, issue an enforcement notice under section 154 of this Act requiring the cessation of activity and the taking of such steps as the planning authority considers appropriate.

• (6) Where the Board has issued a direction to cease activity or operations or to take remedial measures under section 177L and the applicant has failed to comply with such a direction the relevant planning authority shall as soon as may be after receipt of a copy of the Board’s direction issue an enforcement notice under section 154 requiring compliance with the Board’s directions and the taking of any additional steps as the planning authority considers appropriate.]

177P. F864[ Supplementary provisions relating to an application for substitute consent.

177P.—F865[(1) Section 126 shall apply in relation to the duty of the Board to dispose of applications for substitute consent as it applies to the duty of the Board to dispose of appeals and referrals subject to—

• (a) the modification that references in that section to appeals and referrals shall be to applications for substitute consent,

• (b) the modification that the period of 18 weeks referred to in paragraph (a) of subsection (2) shall begin on the date of receipt by the Board of the report submitted by the planning authority to the Board in accordance with section 177I, and

• (c) any other necessary modifications.]

• (2) Section 130 (other than subsection (3)(b), (c) or (d)) shall apply in relation to making submissions or observations by any person other than the applicant for substitute consent or the relevant planning authority as it does to the making of submissions or observations by any person other than a party subject to the following and any other necessary modifications:

• (a) references in that section to a party shall be construed as references to the applicant for substitute consent or the relevant planning authority, and

• (b) references in that section to an environmental impact assessment shall be construed as references to a F866[remedial environmental impact assessment report or a remedial Natura impact statement, or both that report and that statement], as the case may be.

• (3) Section 131 shall apply in relation to the Board requesting submissions or observations in relation to an application for substitute consent as it does in relation to an appeal or referral subject to the following and any other necessary modifications:

• (a) references in that section to party to the appeal or referral shall be construed as references to applicant for substitute consent or the relevant planning authority, and

• (b) references in that section to an appeal or referral shall be construed as references to an application for substitute consent.

• (4) Section 132 shall apply in relation to the Board requiring a document, particulars or other information that it considers necessary to enable it to determine an application for substitute consent as it does in relation to requiring a document, particulars or other information as it considers necessary to enable it to determine an appeal or referral subject to the following and any other necessary modifications:

• (a) references in that section to party shall be construed as references to applicant for substitute consent or the relevant planning authority, and

• (b) references in that section to an appeal or referral shall be construed as references to an application for substitute consent.

• (5) Section 133 shall apply in relation to the Board determining or dismissing an application for substitute consent as it applies in relation to the Board determining or dismissing an appeal or referral subject to the modification that references in that section to appeal or referral shall be construed as reference to an application for substitute consent and subject to any other necessary modifications.

• (6) Section 135 shall apply in relation to the holding of an oral hearing of an application for substitute consent as it applies in relation to an oral hearing of an appeal, referral or application subject to the modification that references in that section to an appeal, referral or application shall be construed as references to an application for substitute consent and any other necessary modifications.]

177Q. F867[Oral hearings of applications for substitute consent.

177Q.—(1) Where the Board considers it necessary or expedient for the purposes of making a determination in respect of an application for substitute consent it may, in its absolute discretion, hold an oral hearing and shall, in addition to any other requirements under this Act or other enactment, as appropriate, consider the report and any recommendations of the person holding the oral hearing before making its determination.

• (2)
• (a) An applicant for substitute consent, a planning authority or a person who makes submissions or observations under section 130 (as modified by section 177P(2)) in relation to the application for substitute consent may request an oral hearing of the application.

• (b) (i) A request for an oral hearing of an application shall be made in writing to the Board and shall be accompanied by such fee (if any) as may be payable in respect of the request in accordance with section 144.

• (ii) A request for an oral hearing of an application for substitute consent which is not accompanied by such fee (if any) as may be payable in respect of the request shall not be considered by the Board.

• (c) A request by an applicant for substitute consent, a planning authority, or by a person who makes a submission or observation in relation to the application, for an oral hearing of the application, shall be made within the period specified in regulations under section 177N and any such request received by the Board after the expiration of that period shall not be considered by the Board.

• (3) Where the Board is requested to hold an oral hearing of an application for substitute consent and decides to determine the application without an oral hearing, the Board shall serve notice of its decision on—

• (a) the person who requested the hearing,

• (b) the relevant planning authority, and

• (c) on each person who has made submissions or observations to the Board in relation to the application (other than the person making the request under subsection 2(a)).

• (4)
• (a) A request for an oral hearing may be withdrawn at any time.

• (b) Where, following a withdrawal of a request for an oral hearing under paragraph (a), the application for substitute consent falls to be determined without an oral hearing, the Board shall give notice to the applicant for substitute consent, the planning authority and to each person who has made submissions or observations to the Board in relation to the application.]

PART XAB Appropriate Assessment

177R. Interpretation.

177R.—(1) In this Part—

"appropriate assessment" shall be construed in accordance with section 177V;

"candidate site of community importance" means—

• (a) a site—

• (i) in relation to which the Minister has given notice pursuant to regulations under the European Communities Act 1972 that he or she considers the site may be eligible for identification as a site of Community importance pursuant to Article 4, paragraph 1 of the Habitats Directive, which notice may be amended in accordance with such regulations under the European Communities Act 1972,

• (ii) that is included in a list transmitted to the Commission in accordance with Article 4, paragraph 1 of the Habitats Directive, or

• (iii) that is added in accordance with Article 5 of the Habitats Directive, to the list transmitted to the European Commission pursuant to Article 4, paragraph 1 of the Habitats Directive,

but only until the adoption in respect of the site of a decision by the European Commission under Article 21 of the Habitats Directive for the purposes of the third paragraph of Article 4(2) of that Directive; or

• (b) a site—

• (i) which is subject to a consultation procedure in accordance with Article 5(1) of the Habitats Directive, or

• (ii) in relation to which a Council decision is pending in accordance with Article 5(3) of the Habitats Directive;

F868["candidate special area of conservation" means a site that is a candidate site of Community importance or a site of Community importance;]

F869["candidate special protection area" means a site in relation to which the Minister for Arts, Heritage and the Gaeltacht has given notice pursuant to regulations under the European Communities Act 1972 that he or she considers that the site may be eligible for classification as a special protection area pursuant to Article 4 of the Birds Directive but only until the public notification of the making of a decision by that Minister to classify or not to classify such a site as a special protection area;]

"compensatory measures" shall be construed in accordance with section 177W(7) in relation to making Land use plans and in accordance with section 177AA(8) in relation to granting permission for proposed development;

"competent authority" shall be construed in accordance with section 177S;

"consent for proposed development" shall be construed in accordance with section 177U(8);

"European site" means—

• (a) a candidate site of Community importance,

• (b) a site of Community importance,

• F868[(ba) a candidate special area of conservation,]

• (c) a special area of conservation,

• (d) a candidate special protection area,

• (e) a special protection area;

F868["foreshore" has the same meaning as it has in section 224;]

"Land use plan" means—

• F870[(a) F871[…]]

• (b) a planning scheme in respect of all or any part of a strategic development zone,

• F872[(ba) an amendment of a planning scheme in respect of all or any part of a strategic development zone,]

• (c) F873[…]

• (d) F873[…]

• (e) F873[…]

"Natura 2000 network" has the meaning assigned to it by Article 3, paragraph 1 of the Habitats Directive;

"Natura impact report" shall be construed in accordance with section 177T;

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

F874["proposed development" means—

• (a) a proposal to carry out—

• (i) development to which Part III applies,

• (ii) development that may be carried out under Part IX,

• (iii) development that may be carried out by a local authority under Part X or XAB 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, or

• (vii) development to which Chapter II or III of Part XXI applies,

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

• (c) a requested alteration within the meaning of Chapter III of Part XXI;]

F868["road authority" has the same meaning as it has in section 2 (amended by section 11 of the Roads Act 2007) of the Roads Act 1993;]

"screening for appropriate assessment" shall be construed in accordance with section 177U;

"site of community importance" means a site that has been included in the list of sites of Community importance as adopted by the Commission in accordance with the procedure laid down in Article 21 of the Habitats Directive;

"special area of conservation" means a site that has been designated by the Minister as a special area of conservation pursuant to Article 4, paragraph 4 of the Habitats Directive;

"special protection area" means an area classified by the Minister pursuant to Article 4, paragraph 1 or Article 4, paragraph 2 of the Birds Directive, as a special protection area;

F875[…]

• F876[(1A) During the period beginning on the date on which section 8 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on 31 December 2023—

• (a) the definition of "Land use plan" in subsection (1) shall be construed and have effect as if the following paragraph were inserted after paragraph (e):

• "(f) a proposed extension of the duration of an existing development plan;", and

• (b) in this Part, a reference to "draft Land use plan" or "Land use plan" shall be construed and have effect as including a reference to a proposed extension of the duration of an existing development plan referred to in paragraph (f) of the definition of ‘Land use plan’ (inserted by section 8 of the Planning and Development (Amendment) Act 2021).]

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

177S. F878[Competent Authority.

177S.—(1) A competent authority, in performing the functions conferred on it by or under this Part, shall take appropriate steps to avoid in a European site the deterioration of natural habitats and the habitats of species as well as the disturbance of the species for which the site has been designated, insofar as such disturbance could be significant in relation to the objectives of the Habitats Directive.

• (2) F879[Subject to subsection (3), the competent authority] in the State for the purposes of this Part and Articles 6 and 7 of the Habitats Directive, shall be—

• F880[(a) F881[…]]

• F882[(aa) F881[…]]

• (b) in relation to a draft planning scheme in respect of all or any part of a strategic development zone, the planning authority (which term shall be construed in accordance with section 168(5)) in whose area the strategic development zone is situate, or, on appeal the Board, as the case may be,

• F883[(ba) in relation to a proposed amendment of a planning scheme in respect of all or any part of a strategic development zone, the Board,]

• (c) F884[…]

• (d) F884[…]

• (e) F884[…]

• (f) in relation to a proposed development (other than development referred to in paragraph (g) or (h)), the planning authority to whom an application for permission is made or F885[…] the Board, as the case may be,

• (g) in relation to proposed development that is strategic infrastructure development, the Board, or

• F879[(h) in relation to proposed development that may be carried out by a local authority under Part X or XAB or proposed development that may be carried out under Part XI, the Board.]]

• F886[(2A) During the period beginning on the date on which section 8 of the Planning and Development (Amendment) Act 2021 comes into operation and ending on 31 December 2023, the competent authority in the State referred to in subsection (2) shall be construed and have effect as if the following paragraph were inserted after paragraph (h):

• "(i) in relation to a proposed extension of the duration of an existing development plan, the planning authority for whose area the development plan is proposed to be extended in duration.".]

• F887[(3) The competent authority in the State for the purposes of this Part and Articles 6 and 7 of the Habitats Directive, shall, in relation to proposed development to which Chapter III of Part XXI applies, be the Board.]

177T. F888[Natura impact report and Natura impact statement.

177T.—(1) In this Part—

• (a) A Natura impact report means a statement for the purposes of Article 6 of the Habitats Directive, of the implications of a Land use plan, on its own or in combination with other plans or projects, for one or more than one F889[European site], in view of the conservation objectives of the site or sites.

• (b) A Natura impact statement means a statement, for the purposes of Article 6 of the Habitats Directive, of the implications of a proposed development, on its own or in combination with other plans or projects, for one or more than one F889[European site], in view of the conservation objectives of the site or sites.

• (2) Without prejudice to the generality of subsection (1), a Natura impact report or a Natura impact statement, as the case may be, shall include a report of a scientific examination of evidence and data, carried out by competent persons to identify and classify any implications for one or more than one F889[European site] in view of the conservation objectives of the site or sites.

• (3) F890[As respects a draft National Planning Framework, the Government shall prepare a Natura impact report in relation to a draft Land use plan and the following bodies shall also prepare a Natura impact report in relation to a draft Land use plan]—

• F891[(a) F892[…]]

• F893[(aa) F892[…]]

• (b) as respects a draft planning scheme in respect of all or any part of a strategic development zone, the planning authority (which term shall be construed in accordance with section 168(5)) for whose area the draft scheme is made,

• (c) F894[…]

• (d) F894[…]

• (4) The applicant for consent for proposed development may, or if directed in accordance with subsection (5) by a competent authority, shall furnish a Natura impact statement to the competent authority in relation to the proposed development.

• (5) At any time following an application for consent for proposed development a competent authority may give a notice in writing to the applicant concerned, directing him or her to furnish a Natura impact statement F895[…].

• F889[(6) Where an applicant for consent for proposed development who, having been directed in accordance with subsection (5), fails to furnish a Natura impact statement within the period specified in the notice, or any further period as may be specified by the competent authority, the application for consent for the proposed development shall be deemed to be withdrawn.]

• (7)
• (a) Without prejudice to subsection (1) a Natura impact report or a Natura impact statement shall include all information prescribed by regulations under section 177AD.

• (b) Where appropriate, a Natura impact report or a Natura impact statement shall include such other information or data as the competent authority considers necessary to enable it to ascertain if the draft Land use plan or proposed development will not affect the integrity of the site.

• (c) F895[…]]

177U. F896[Screening for appropriate assessment.

177U.—(1) A screening for appropriate F897[assessment of a draft Land use plan or application for consent for proposed development] shall be carried out by the competent authority to assess, in view of best scientific knowledge, if that Land use plan or proposed development, individually or in combination with another plan or project is likely to have a significant effect on the European site.

• (2) A competent authority shall carry out a screening for appropriate assessment under subsection (1) before—

• (a) a Land use plan is made including, where appropriate, before a decision on appeal in relation to a draft strategic development zone is made, or

• (b) consent for a proposed development is given.

• (3) In carrying out screening for appropriate assessment of a proposed development a F897[competent authority] may request such information from the applicant as it may consider necessary to enable it to carry out that screening, and may consult with such persons as it considers appropriate F898[and where the applicant does not provide the information within the period specified, or any further period as may be specified by the authority, the application for consent for the proposed development shall be deemed to be withdrawn].

• (4) The competent authority shall determine that an appropriate assessment of a draft Land use plan or a proposed development, as the case may be, is required if it cannot be excluded, on the basis of objective information, that the draft Land use plan or proposed development, individually or in combination with other plans or projects, will have a significant effect on a European site.

• (5) The competent authority shall determine that an appropriate assessment of a draft Land use plan or a proposed development, as the case may be, is not required if it can be excluded, on the basis of objective information, that the draft Land use plan or proposed development, individually or in combination with other plans or projects, will have a significant effect on a European site.

• (6)
• (a) Where, in relation to a proposed development, a competent authority makes a determination that an appropriate assessment is required, the competent authority shall give notice of the determination, including reasons for the determination of the competent authority, to the following—

• (i) the applicant,

• (ii) if appropriate, any person who made submissions or observations in relation to the application to the competent authority, or

• (iii) if appropriate, any party to an appeal or referral.

• (b) Where a competent authority has determined that an appropriate assessment is required in respect of a proposed development it may direct in the notice issued under paragraph (a) that a Natura impact statement is required.

• F898[(c) Paragraph (a) shall not apply in a case where the application for consent for the proposed development was accompanied by a Natura impact statement.]

• F897[(7) A competent authority shall, as soon as may be after making the Land use plan or making a decision in relation to the application for consent for proposed development, make available for inspection by members of the public during office hours at the officesof the authority, and may also publish on the internet—

• (a) any determination that it makes in relation to a draft Land use plan under subsection (4) or (5) as the case may be, and reasons for that determination, and

• (b) any notice that it issues under subsection (6) in relation to a proposed development.]

• F897[(8) In this section "consent for proposed development" means, as appropriate—

• (a) a grant of permission,

• (b) a decision of the Board to grant permission on a planning application or an appeal,

• (c) consent for development under Part IX,

• (d) approval for development that may be carried out by a local authority under Part X or Part XAB or development that may be carried out under Part XI,

• (e) approval for development on the foreshore under Part XV,

• (f) approval for development under section 43 of the Act of 2001,

• (g) approval for development under section 51 of the Roads Act 1993, F899[…]

• (h) a substitute consent under F900[Part XA, or]]

• F901[(i) a decision to make a requested alteration under subsection (2) of section 297.]

• (9) In deciding upon F897[a declaration or a referral under section 5] of this Act a planning authority or the Board, as the case may be, shall where appropriate, conduct a screening for appropriate assessment in accordance with the provisions of this section.]

• F902[(10) In deciding upon an application under section 176A or a determination review or an application referral under section 176C, a planning authority or the Board, as the case may be, shall, where appropriate, conduct a screening for appropriate assessment in accordance with the provisions of this section.]

177V. F903[Appropriate assessment.

177V.—(1) An appropriate assessment carried out under this Part shall include a determination by the competent authority under Article 6.3 of the Habitats Directive as to whether or not a draft Land use plan or proposed development would adversely affect the integrity of a European site and F904[an appropriate assessment shall be carried out by the competent authority, in each case where it has made a determination under section 177U(4) that an appropriate assessment is required, before—]

• (a) the draft Land use plan is made including, where appropriate, before a decision on appeal in relation to a draft strategic development zone is made, or

• (b) consent is given for the proposed development.

• (2) In carrying out an appropriate assessment under subsection (1) the competent authority shall take into account each of the following matters:

• (a) the Natura impact report or Natura impact statement, as appropriate;

• (b) any supplemental information furnished in relation to any such report or statement;

• (c) if appropriate, any additional information sought by the authority and furnished by the applicant in relation to a Natura impact statement;

• (d) any additional information furnished to the competent authority at its request in relation to a Natura impact report;

• (e) any information or advice obtained by the competent authority;

• (f) if appropriate, any written submissions or observations made to the competent authority in relation to the application for consent for proposed development;

• (g) any other relevant information.

• (3) Notwithstanding any other provision of this Act, or, as appropriate, the Act of 2001, or the Roads Acts 1993 to 2007 F905[and save as otherwise provided for in sections 177X, 177Y, 177AB and 177AC], a competent authority shall make a Land use plan or give consent for proposed development only after having determined that the Land use plan or proposed development shall not adversely affect the integrity of a European site.

• (4) Subject to the other provisions of this Act, consent for proposed development may be given in relation to a proposed development where a competent authority has made modifications or attached conditions to the consent where the authority is satisfied to do so having determined that the proposed development would not adversely affect the integrity of the European site if it is carried out in accordance with the consent and the modifications or conditions attaching thereto.

• F904[(5) A competent authority shall give notice of its determination under subsection (1) in relation to a proposed development to the applicant for consent to the proposed development, giving reasons for the determination.

• (6) A competent authority shall, as soon as may be after making the Land use plan or making a decision in relation to the application for consent for proposed development, make available for inspection by members of the public during office hours at the offices of the authority, and may also publish on the internet—

• (a) any determination that it makes under subsection (1) as respects a Land use plan and reasons for that determination, and

• (b) any notice given by the authority under subsection (5).]]

177W. F906[Draft Land use plans and imperative reasons of overriding public interest.

177W.—(1) Where, notwithstanding a determination by a competent authority that a draft Land use plan or part thereof will adversely affect F907[the integrity of] a European site, and in the absence of alternative solutions, a competent authority considers that a land use plan should nevertheless be made for imperative reasons of overriding public interest, the authority shall—

• (a) F908[set out the] imperative reasons of overriding public interest that necessitate the making of the Land use plan,

• (b) propose the compensatory measures that are necessary to ensure that the overall coherence of the Natura 2000 network is protected,

• (c) prepare a statement of case that imperative reasons of overriding public interest exist and of the compensatory measures that are required, and

• (d) forward the said statement of case together with the draft Land use plan and Natura impact report to the Minister.

• (2) A statement of case referred to in subsection (1)(c) shall specify—

• (a) the considerations that led to the assessment by the competent authority that the draft Land use plan would adversely affect the integrity of a European site,

• (b) the reasons for the forming of the view by the competent authority that there are no alternative solutions (including the option of not proceeding with the draft Land use plan or part thereof),

• (c) the reasons for the forming of the view by the competent authority that imperative reasons of overriding public interest apply to the draft Land use plan, and

• (d) the compensatory measures that are being proposed as necessary to ensure the overall coherence of F908[the Natura 2000 network], including if appropriate, the provision of compensatory habitat.

• (3) In relation to a European site that does not host a priority natural habitat type or priority species, the imperative reasons of overriding public interest may include those of a social or economic nature.

• (4) In relation to a European site that hosts a priority natural habitat type or priority species, the only imperative reasons of overriding public interest that may be considered are those relating to—

• (a) human health,

• (b) public safety,

• (c) beneficial consequences of primary importance to the environment, or

• (d) subject to subsection (5), and having obtained an opinion from the European Commission, other imperative reasons of overriding public interest.

• (5) In invoking imperative reasons of overriding public interest under subsection (4)(d) the competent authority shall advise the Minister why he or she should be satisfied to request an opinion from the European Commission.

• F908[(6) A competent authority shall make a statement of case, referred to in subsection (1), available for inspection by members of the public at the offices of the authority during its public opening hours and may also publish the statement on the internet.]

• (7) For the purposes of this section and section 177X or 177Y, ‘compensatory measures’ are measures proposed or considered, as the case may be, by a competent authority in the first instance, and by the Minister, as the case may be, for the purposes of ensuring that the overall coherence of F908[the Natura 2000 network] is protected and may include the provision of compensatory habitats.]

177X. F909[European site that does not host priority habitat or species and draft Land use plan.

F910[177X.—(1) Where the Minister receives a statement of case under section 177W(1) relating to a European site that does not host a priority habitat type or priority species, he or she shall as soon as possible—

• (a) consider whether imperative reasons of overriding public interest exist,

• (b) consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister, and

• (c) consider any views of a Minister of the Government consulted pursuant to paragraph (b) and which are received by the Minister before he or she issues a notice under subsection (5) or (6).

• (2)
• (a) Where the Minister considers that imperative reasons of overriding public interest may exist, he or she shall as soon as possible F911[consider whether] the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.

• (b) F911[In considering under paragraph (a) whether the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected], the Minister may enter into consultations with the competent authority, who may submit a revised or modified plan or revised or modified compensatory measures.

• (c) The Minister may enter into F912[…] further consultations with the competent authority in relation to the draft Land use plan, or revised or modified draft Land use plan or the compensatory measures or revised or modified compensatory measures.

• F913[(3) Having considered the compensatory measures proposed by the competent authority, the Minister shall, as soon as possible—

• (a) after consultations (if any) under paragraphs (b) and (c) of subsection (2), and

• (b) after having considered revised or modified compensatory measures (if any) submitted under subsection (2)(b),

form an opinion as to whether the compensatory measures, or revised or modified compensatory measures, as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.]

• F913[(4) The Minister, when forming his or her opinion under subsection (3), may also give further consideration to whether imperative reasons of overriding public interest exist and shall form an opinion as to whether such reasons exist before he or she issues a notice under subsection (5) or (6).]

• (5) F913[Where the Minister forms the opinion that imperative reasons of overriding public interest exist and that] the compensatory measures, or revised or modified compensatory measures, as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected, the Minister shall as soon as possible issue a notice to this effect to the competent authority and the competent authority may decide to make—

• (a) the Land use plan, or

• (b) that part of the Land use plan that would have an adverse effect on the integrity of a European site.

• (6) F913[Where the Minister forms the opinion that imperative reasons of overriding public interest do not exist or that] the compensatory measures or revised or modified compensatory measures, as the case may be, are not sufficient to ensure that the overall coherence of the Natura 2000 network is protected, the Minister shall as soon as possible issue a notice to this effect to the competent authority and the competent authority shall not make—

• (a) the Land use plan, or

• (b) that part of the Land use plan that would have an adverse effect on the integrity of a European site.

• (7) Where the Minister issues a notice under subsection (5) he or she shall inform the Commission of the matter, including the compensatory measures proposed.

• (8) The competent authority shall make available for inspection by members of the public during office hours at the office of the authority, and may also publish on the internet a notice issued to the authority under subsection (5) or (6).]]

177Y. F914[European site that hosts priority habitat type or species and draft Land use plan.

F915[177Y.—(1) Where the Minister receives a statement of case under section 177W(1) relating to a European site that hosts a priority habitat type or priority species, he or she shall as soon as possible—

• (a) consider whether imperative reasons of overriding public interest exist,

• (b) consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister, and

• (c) consider any views of a Minister of the Government consulted pursuant to paragraph (b) and which are received by the Minister before he or she issues a notice under subsection (6), (7) or (8).

• (2)
• (a) Where the Minister considers that imperative reasons of overriding public interest may exist and may comprise or include a reason or reasons other than the reasons set out in section 177W(4)(a) to (c), the Minister shall consider whether the opinion of the Commission should be sought in relation to the matter.

• (b) Where the Minister proposes not to seek the opinion of the Commission pursuant to paragraph (a) he or she shall, in addition to any consultation that may have taken place under subsection (1)(b), as soon as possible consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister and request that the other Minister furnish his or her views as soon as possible.

• (c) The Minister shall consider any views received from any other Minister of the Government consulted under paragraph (b) where those views are received by the Minister before he or she decides whether to seek the opinion of the Commission under paragraph (a).

• (3)
• (a) Where the Minister considers that imperative reasons of overriding public interest may exist, he or she shall, as soon as possible, F916[consider whether] the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.

• (b) F916[In considering under paragraph (a) whether the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected], the Minister may enter into consultations with the competent authority, who may submit a revised or modified plan or revised or modified compensatory measures.

• (c) The Minister may enter into F917[…] further consultations with the competent authority in relation to the draft Land use plan, or revised or modified draft Land use plan or the compensatory measures or revised or modified compensatory measures.

• F918[(4) Having considered the compensatory measures proposed by the competent authority, the Minister shall, as soon as possible—

• (a) after consultations (if any) under paragraphs (b) and (c) of subsection (3), and

• (b) after having considered revised or modified compensatory measures (if any) submitted under subsection (3)(b),

form an opinion as to whether the compensatory measures, or revised or modified compensatory measures, as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.]

• F918[(5) The Minister, when forming his or her opinion under subsection (4), may also give further consideration to whether imperative reasons of overriding public interest exist and shall form an opinion as to whether such reasons exist before he or she issues a notice under subsection (6), (7) or (8).]

• (6) F918[Where the Minister forms the opinion that imperative reasons of overriding public interest comprising only a reason or reasons set out in section 177W(4)(a) to (c) exist and that] the compensatory measures, or revised or modified compensatory measures as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected, the Minister shall issue a notice to this effect to the competent authority and the competent authority may decide to make—

• (a) the Land use plan, or

• (b) that part of the Land use plan that would have an adverse effect on the integrity of a European site.

• (7) Where—

• (a) the Minister forms the opinion that imperative reasons of overriding public interest, comprising or including a reason or reasons other than those in section 177W(4)(a) to (c) exist, and

• (b) the Minister has obtained the opinion of the Commission in relation to the matter, and

• (c) F918[the Minister forms the opinion that] the compensatory measures, or revised or modified compensatory measures as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected,

the Minister shall issue a notice to this effect to the competent authority, accompanied by a copy of the opinion of the Commission, and the competent authority, only after having considered the opinion of the Commission, may decide to make—

• (i) the Land use plan, or

• (ii) that part of the Land use plan that would have an adverse effect on the integrity of a European site.

• (8) Where—

• (a) the Minister forms the opinion that imperative reasons of overriding public interest do not exist, or

• (b) the Minister forms the opinion that the imperative reasons of overriding public interest comprise or include a reason or reasons other than those in section 177W(4)(a) to (c) and the Minister has decided not seek the opinion of the Commission in relation to the matter, or

• (c) F918[the Minister forms the opinion that] the compensatory measures, or revised or modified compensatory measures as the case may be, are not sufficient to ensure that the overall coherence of the Natura 2000 network is protected,

the Minister shall issue a notice to this effect to the competent authority and the competent authority shall not make—

• (i) the Land use plan, or

• (ii) that part of the Land use plan that would have an adverse effect on the integrity of a European site.

• (9) Where the Minister issues a notice under subsection (6) or (7) he or she shall inform the Commission of the matter, including the compensatory measures proposed.

• (10) The competent authority shall make available for inspection by members of the public during office hours at the office of the authority, and may also publish on the internet a notice issued to the authority under subsection (6), (7) or (8).]]

177Z. F919[Making of Land use plans or part thereof.

177Z.—F920[(1) Where a competent authority has received a notice from the Minister under section 177X(6) or section 177Y(8) in relation to a draft Land use plan, and the authority is satisfied that the draft plan can be amended so that it no longer contains the parts or elements which were the subject of a determination under section 177V that the plan would adversely affect a European site, then the authority may make the plan having omitted those parts or elements therefrom.]

• (2) Subject to the provisions of this Act, where a proposed part of a draft Land use plan is amended or omitted from the plan, its amendment or omission shall not affect the validity of the remainder of the Land use plan where it is made with the part thereof so amended under this section or without the part thereof so omitted under this section.

• (3) Notwithstanding that a statement of case referred to in section 177W(1) regarding any part of a draft Land use plan has been submitted to the Minister under that section, the competent authority may proceed to make the plan other than the part thereof so submitted.

• (4) Notwithstanding the requirements of this Act, any delay incurred in the making of a draft Land use plan or part thereof arising from compliance with this Part shall not invalidate the plan or part thereof.]

177AA. F921[Proposed development and imperative reasons of overriding public interest.

177AA.—(1) Where, notwithstanding a determination by a competent authority that a proposed development will adversely affect F922[the integrity of] a European site, and in the absence of alternative solutions, a competent authority considers that consent should nevertheless be given for the proposed development for imperative reasons of overriding public interest, the authority shall—

• (a) F923[set out the] imperative reasons of overriding public interest that necessitate the giving of consent for the proposed development,

• (b) propose the compensatory measures that are necessary to ensure that the overall coherence of the Natura 2000 network is protected,

• (c) prepare a statement of case that imperative reasons of overriding public interest exist and of the compensatory measures that are required,

• (d) forward the said statement to the Minister together with a copy of the planning application and Natura impact statement.

• (2) A statement of case referred to in subsection (1)(d) shall specify—

• (a) the considerations that led to the assessment by the competent authority that the proposed development would adversely affect the integrity of a European site,

• (b) the reasons for the forming of the view by the competent authority that there are no alternative solutions (including the option of not giving consent for the proposed development),

• (c) the reasons for the forming of the view by the competent authority that imperative reasons of overriding public interest apply to the proposed development,

• (d) compensatory measures that are being proposed as necessary to ensure the overall coherence of Natura 2000 including, if appropriate, the provision of compensatory habitat and the conditions to which any consent for proposed development shall be subject requiring that the compensatory measures are carried out.

• (3) In relation to a European site that does not host a priority natural habitat type or priority species, the imperative reasons of overriding public interest may include those of a social or economic nature.

• (4) In relation to a European site that hosts a priority natural habitat type or priority species, the only imperative reasons of overriding public interest that may be considered are those relating to—

• (a) human health,

• (b) public safety,

• (c) beneficial consequences of primary importance to the environment, or

• (d) subject to subsection (7), having obtained an opinion from the European Commission other imperative reasons of overriding public interest.

• (5) A competent authority shall furnish a copy of the statement of case referred to in subsection (1) to an applicant for consent for proposed development.

• F923[(6) A competent authority shall make a statement of case, referred to in subsection (1), available for inspection by members of the public at the offices of the authority during its public opening hours and may also publish the statement on the internet.]

• (7) In invoking imperative reasons of overriding public interest under subsection (4)(d) the competent authority shall advise the Minister why he or she should be satisfied to request an opinion from the European Commission.

• (8) In this section and in sections 177AB and 177AC ‘compensatory measures’ are measures proposed in the first instance by the applicant and then by a competent authority or the Minister, as the case may be, for the purposes of ensuring that the overall coherence of Natura 2000 is protected and such measures may include the provision of compensatory habitat.

• (9) For the purposes of this section and sections 177AB and 177AC a competent authority may attach a condition to a grant of consent for proposed development relating to compensatory measures that the authority or the Minister may require which may include a condition requiring the making of contributions to finance the provision of compensatory measures and any such condition shall have effect as if it was attached to the grant of consent for proposed development, pursuant to the relevant provisions of this Act, that apply to such a grant of consent.]

• F924[(10) Proposed development that is the planning, construction and operation of a renewable energy plant, any works necessary for the connection of such a plant to the grid, and any related grid or storage assets, is presumed to be in the overriding public interest and serving public health and safety when balancing legal interests in the individual case.]

177AB. F925[European site that does not host priority habitat type or species.

F926[177AB.—(1) (a) Where t2he Minister receives a statement of case under section 177AA(1) relating to a European site that does not host a priority habitat type or priority species, he or she shall as soon as possible F927[consider whether] the compensatory measures are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.

• (b) F927[In considering under paragraph (a) whether the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected], the Minister may enter into consultations with the competent authority, who having consulted with the applicant for consent for the proposed development, may submit to the Minister a modified proposal for the development, modified proposed conditions to be attached to the proposed development or modified or alternative proposed compensatory measures.

• (c) The Minister may enter into F928[…] further consultations with the competent authority in relation to the proposal for the development or any modified proposal for the development, the proposed conditions or any modified proposed conditions to be attached to the proposed development and the F927[compensatory measures or any modified or alternative proposed compensatory measures].

• F929[(2) Having considered the compensatory measures proposed by the competent authority, the Minister shall, as soon as possible—

• (a) after consultations (if any) under paragraphs (b) and (c) of subsection (1), and

• (b) after having considered modified or alternative proposed compensatory measures (if any) submitted under subsection (1)(b),

form an opinion as to whether the compensatory measures, or modified or alternative proposed compensatory measures, as the case may be, are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.]

• (3) F929[Where the Minister forms the opinion that the compensatory measures, or modified or alternative proposed compensatory measures, as the case may be], are sufficient to ensure that the overall coherence of the Natura 2000 network is protected, the Minister F929[as soon as possible after forming the opinion], shall issue a notice to this effect to the competent authority and the competent authority may decide to grant consent for the proposed development with or without conditions.

• (4) F929[Where the Minister forms the opinion that the compensatory measures, or modified or alternative proposed compensatory measures, as the case may be], are not sufficient to ensure that the overall coherence of the Natura 2000 network is protected, the Minister F929[as soon as possible after forming the opinion] shall issue a notice to this effect to the competent authority and the competent authority shall not grant consent for the proposed development.

• (5) Where the Minister issues a notice under subsection (3) he or she shall inform the Commission of the matter, including the compensatory measures proposed.

• (6) The competent authority shall make available for inspection by members of the public during office hours at the office of the authority, and may also publish on the internet a notice issued to the authority under subsection (3) or (4).]]

177AC. F930[European site that hosts priority habitat type or species.

F931[177AC.—(1) (a) Where the Minister receives a statement of case under section 177AA(1) relating to a European site that hosts a priority habitat type or priority species he or she shall as soon as possible F932[consider whether] the compensatory measures are sufficient to ensure that the overall coherence of the Natura 2000 network is protected.

• (b) F932[In considering under paragraph (a) whether the compensatory measures specified in the statement of case are sufficient to ensure that the overall coherence of the Natura 2000 network is protected], the Minister may enter into consultations with the competent authority, who having consulted with the applicant for consent for the proposed development, may submit to the Minister a modified proposal for the development, modified proposed conditions to be attached to the proposed development, or modified or alternative proposed compensatory measures.

• (c) The Minister may enter into F933[…] further consultations with the competent authority in relation to the proposal for the development or any modified proposal for the development, the proposed conditions or any modified proposed conditions to be attached to the proposed development and the compensatory measures or any modified or alternative proposed compensatory measures.

• (2)
• (a) Where the Minister considers that the imperative reasons of overriding public interest comprise or include a reason or reasons other than the reasons set out in section 177AA(4)(a) to (c), the Minister shall consider whether the opinion of the Commission should be sought in relation to the matter.

• (b) Where the Minister proposes not to seek the opinion of the Commission he or she shall as soon as possible consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister and request that other Minister to furnish his or her views as soon as possible.