Planning and Development (Amendment) Act 2010

• “(b) The draft planning scheme shall be deemed to be made 6 weeks after the submission of that draft planning scheme and report to the members of the planning authority in accordance with subsection (3) unless the planning authority decides, by resolution, to—

  • (i) make, subject to variations and modifications, the draft planning scheme (and the passing of such a resolution shall be subject to paragraphs (ba) and (be)), or

  • (ii) not to make the draft planning scheme.

• (ba) The planning authority shall determine if a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, is or are to be carried out as respects one or more than one proposed variation or modification that would, if made, be a material alteration of the draft planning scheme.

• (bb) The manager shall, not later than 2 weeks after a determination under paragraph (ba) specify such period as he or she considers necessary following the determination as being required to facilitate an assessment referred to in paragraph (ba).

• (bc) The planning authority shall publish notice of the proposed material alteration, and where appropriate in the circumstances, the making of a determination that an assessment referred to in paragraph (ba) is required, in at least one newspaper circulating in its area.

• (bd) The notice referred to in paragraph (bc) shall state—

  • (i) that a copy of the proposed material alteration and of any determination by the authority that an assessment referred to in paragraph (ba) is required may be inspected at a stated place or places and at stated times, and on the authority’s website, during a stated period of not less than 4 weeks (and that copies will be kept for inspection accordingly), and

  • (ii) that written submissions or observations with respect to the proposed material alteration or an assessment referred to in paragraph (ba) and made to the planning authority within a stated period shall be taken into account by the authority before the draft planning scheme is made.

• (be) The planning authority shall carry out an assessment referred to in paragraph (ba) of the proposed material alteration of the draft planning scheme within the period specified by the manager.”,

and

• (b) in subsection (7), by the substitution of the following paragraphs for paragraph (a):

• “(a) The Board may, following the consideration of an appeal made under this section, approve the making of the planning scheme, with or without any modifications (and paragraph (aa) shall apply in relation to any modifications) or it may refuse to approve it.

• (aa) A modification made by the Board on appeal may be made where it is minor in nature and therefore not likely to have significant effects on the environment or adversely affect the integrity of a European site.”.

52. Amendment of section 170 of Principal Act.

52.— F8[…]

53. Interpretation.

53.— The Principal Act is amended in Part X by the insertion of the following section before section 172:

“171A.— (1) In this Part—

‘environmental impact assessment’ means an assessment carried out by a planning authority or the Board, as the case may be, in accordance with this Part and regulations made thereunder, that shall identify, describe and assess in an appropriate manner, in light of each individual case and in accordance with Articles 4 to 11 of the Environmental Impact Assessment Directive, the direct and indirect effects of a proposed development on the following:

• (a) human beings, flora and fauna,

• (b) soil, water, air, climate and the landscape,

• (c) material assets and the cultural heritage, and

• (d) the interaction between the factors mentioned in paragraphs (a), (b) and (c).

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

54. Amendment of section 172 of Principal Act.

54.— Section 172 of the Principal Act is amended—

• (a) by substitution of the following for subsection (1):

• “(1) An environmental impact assessment shall be carried out by a planning authority or the Board, as the case may be, in respect of an application for consent for proposed development, or a class of such proposed development, prescribed by regulations under section 176.

• (1A) In subsection (1)—

  • (a) ‘ proposed development ’ means—

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

      • (I) development to which Part III applies;

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

      • (III) development by a local authority or a State authority 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; and

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

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

    • (i) grant of permission;

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

    • (iii) consent to development under Part IX;

    • (iv) consent to development by a local authority or a State authority under Part XI;

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

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

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

    • (viii) substitute consent under Part XA.

• (1B) An applicant for consent to carry out a proposed development referred to in subsection (1) shall furnish an environmental impact statement to the planning authority or the Board, as the case may be, in accordance with the permission regulations.

• (1C) A planning authority or the Board, as the case may be, shall refuse to consider an application for planning permission in respect of a development referred to in subsection (1) if the applicant fails to furnish an environmental impact statement under subsection (1B).”.

55. Amendment of section 174 of Principal Act.

55.— Section 174(4)(b) of the Principal Act is amended by the substitution of “which is subject to the Environmental Impact Assessment Directive or Transboundary Convention” for “which is subject to the Council Directive or Transboundary Convention”.

56. Amendment of section 176 of Principal Act.

56.— Section 176(1) is amended by the substitution of “The Minister shall, for the purpose of giving effect to the Environmental Impact Assessment Directive, make regulations—” for “The Minister may, in connection with the Council Directive or otherwise, make regulations—”.

57. Amendment of Part X of Principal Act.

57.— The Principal Act is amended by the insertion of the following Parts after Part X: