S.I. No. 296/2018 - European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018

“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.

(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,

  • (b) where the applicant is not the owner or occupier of the land the subject of the proposed development, the name and address of the owner and, where the owner is not the occupier of the land, the occupier,

  • (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

  • (b) consult any body prescribed by the Minister for the purposes of this subsection and consider any views of that body,

  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 to make a submission on an application made under subsection (2), and

  • (b) where the owner is not the occupier of the land, the occupier 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, together with any fee received from the applicant, 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, the planning authority shall also notify the owner and, where the owner is not the occupier of the land, the occupier 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.

  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 of the land the subject of the proposed development, if he or she is not the applicant,

    • (iii) the occupier 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

  • (c) where section 176A(5) applies, the owner, the occupier, or both the owner and the occupier, as appropriate in the circumstances,

  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 of the land, where he or she is not the applicant,
  
      - (III) the occupier 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](https://www.irishstatutebook.ie/1986/en/si/0015.html) ), 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 of the land the subject of the proposed development, if he or she is not the applicant,
  
      - (III) the occupier 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.

  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 of the land the subject of the proposed development, if he or she is not the applicant,

    • (iv) the occupier 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),

  • (d) where section 176A(5) applies, the owner, occupier or both the owner and the occupier, as appropriate in the circumstances, 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](https://www.irishstatutebook.ie/1986/en/si/0015.html) ), 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 of the land the subject of the proposed development, if he or she is not the applicant,
  
      - (III) the occupier 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.”.

Amendment of section 177C of Act of 2000

• (a) in subsection (3), by the insertion of the following paragraph after paragraph (a):

• “(aa) in the case where a determination as to whether an environmental impact assessment was or is required, the information specified in Schedule 7A to the Planning and Development Regulations 2001, which shall be accompanied by any further relevant information on the characteristics of the development and its significant and likely significant effects on the environment, 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

• (b) by the insertion of the following subsection after subsection (3):

• “(3A) The information furnished under subsection (3)(aa) may be accompanied by 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.”.

Amendment of section 177D of Act of 2000

• (a) by the insertion of the following subsections after subsection (1):

• “(1A) Where the Board makes a determination for the purposes of this section as to whether an environmental impact assessment 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 section 177C(3)(aa) and the description, if any, referred to in section 177C(3A),

  • (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.

• (1B) The Board shall include, or refer to, in its decision under subsection (4) 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 decision is based.”,

• (b) in subsection (3), by the insertion of “, information, if any, furnished under section 177C(3A)” after “section 177C(3)”,

• (c) by the substitution of the following subsection for subsection (5):

“(5)(a) Subject to paragraph (b), the decision of the Board under subsection (4) shall be made—

(i)12 weeks after receipt of an application under section 177C(1),

(ii)12 weeks after receipt of additional information from the applicant under section 177C(3)(b), or

(iii)12 weeks after receipt of information from the planning authority under section 177C(5),

whichever is the later.

(b)(i) Subject to subparagraph (ii), the Board shall not be required to comply with paragraph (a)(i) or (ii) within the period concerned referred to in that paragraph 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.

• (ii) The Board shall, by notice in writing served on the applicant before the expiration of the period concerned referred to in paragraph (a)(i) or (ii), inform him or her of the reasons why it would not be possible or appropriate to comply with that paragraph within that period and shall specify the date before which the Board intends that the decision concerned shall be made.”, and

• (d) by the insertion of the following subsection after subsection (5):

“(5A)(a) Paragraph (b) applies where the determination under subsection (1A) 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 under section 177C(3A) 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 (4).”.

Amendment of section 177E of Act of 2000

“(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.”.

Amendment of section 177F of Act of 2000

• (a) by the insertion of the following subsection after subsection (1):

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

• (b) in subsection (2), by the substitution of the following paragraphs for paragraph (a):

“(a)(i) Subparagraph (ii) applies where, before an applicant makes an application for substitute consent, he or she requests the Board to give to him or her an opinion in writing prepared by the Board on the scope and level of detail of the information required to be contained in the remedial environmental impact assessment report in relation to the development the subject of the application.

• (ii) Subject to subparagraph (iii), the Board shall, taking into account the information provided by the applicant, 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.

• (iii) The Board shall give the opinion in writing before the submission by the applicant of the remedial environmental impact assessment report.

• (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.”.

Amendment of section 177K of Act of 2000

• (a) in subsection (1), by the insertion of “shall ensure it has, or has access as necessary to, sufficient expertise to examine the remedial environmental impact assessment report to ensure its completeness and quality and” after “thereunder the Board”,

• (b) by the insertion of the following subsections after subsection (2):

“(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.

(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, under article 227(2A) of 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, under article 227(2A) of 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).

- (*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).”,

• (c) in subsection (4)—

• (i) in paragraph (a), by the substitution of “made,” for “made, and”, and

• (ii) by the insertion of the following paragraph after paragraph (a):

• “(aa) 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”, and

• (d) by the insertion of the following subsection after subsection (4):

“(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 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) 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.”.

Amendment of section 179 of Act of 2000

• (a) by the substitution of the following paragraph for paragraph (a):

“(a)(i) The chief executive of a local authority shall, where an application is not made to the Board for a screening determination referred to in article 120(3)(b) of the Planning and Development Regulations 2001, within 8 weeks after the expiration of the period during which submissions or observations with respect to the proposed development may be made, in accordance with regulations under subsection (2), prepare a report in writing in relation to the proposed development and submit the report to the members of the authority.

• (ii) The chief executive of a local authority shall, where an application is made to the Board for a screening determination referred to in article 120(3)(b) of the Planning and Development Regulations 2001, within 8 weeks after the making by the Board of a screening determination that an environmental impact assessment is not required in respect of the proposed development, prepare a report in writing in relation to the proposed development and submit the report to the members of the authority.”, and

• (b) in paragraph (b), by the insertion of the following subparagraph after subparagraph (ii):

• “(iia) include the screening determination on why an environmental impact assessment is not required and specify the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might have otherwise been significant adverse effects on the environment of the development,”.

Amendment of section 181A of Act of 2000

• (a) in subsection (7)—

• (i) in paragraph (a), by the substitution of “(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)” for “(which shall be not less than 3 weeks)”, and

• (ii) in paragraph (b), by the substitution of “(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)” for “(which shall not be less than 3 weeks)”, and

• (b) by the insertion of the following subsection after subsection (7):

• “(8) The period referred to in subsection (7)(a) or (b) shall, in a case relating to a revised environmental impact assessment report, not be less than—

  • (a) 30days where the report has been furnished to the Board, and

  • (b) 3weeks where the report has not been furnished to the Board.”.

Amendment of section 181B of Act of 2000

• (a) by the substitution of the following subsection for subsection (2):

“(2)(a) The Board may take the action specified in paragraph (b) 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.

• (b) Subject to paragraph (c), the Board may grant in respect of the proposed development an exemption from a requirement under section 181A(1) to prepare an environmental impact assessment report.

• (c) No exemption may be granted under paragraph (b) in respect of the proposed development where another Member State of the European Union or a state which is a 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.

• (d) The Board may, where it is satisfied that exceptional circumstances so warrant, grant an exemption in respect of proposed development from a requirement under section 181A(1) to prepare a Natura impact statement except that no exemption may be granted in respect of proposed development where another Member State of the European Union or a state which is a party to the Transboundary Convention has indicated that it wishes to furnish views on the effects on the environment in that Member State or state, as the case may be, of the proposed development.”,

• (b) by the substitution of the following subsection for subsection (4):

“(4)(a) The Minister for Defence may, in the case of a proposed development or part of a proposed development, the sole purpose of which is national defence, grant an exemption in respect of the development or the relevant part of the development from a requirement under section 181A(1) to apply for approval and prepare an environmental impact assessment report if he or she is satisfied that the application of section 181A or 181C would have adverse effects on such purpose.

• (b) The Minister for Defence may, in the case of proposed development in connection with, or for the purposes of, national defence, grant an exemption in respect of the development from a requirement under section 181A(1) to apply for approval and prepare a Natura impact statement if he or she is satisfied that the application of section 181A or 181C would have adverse effects on those purposes.”,

• (c) in subsection (6), by the substitution of “The Board shall, in respect of an application under section 181A for approval of proposed development, make its decision within a reasonable period of time and may, in respect of such application” for “The Board may, in respect of an application under section 181A for approval of proposed development”, and

• (d) by the insertion of the following subsections after subsection (6):

• “(6A) A decision of the Board under subsection (6) shall state—

  • (a) the reasoned conclusion, in relation to the significant effects on the environment of the proposed development, on which the decision is based,

  • (b) in relation to the approval of, or refusal to approve, the development, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to approve or to refuse to approve such development is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to approve or refuse to approve the development,

  • (c) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to any approval 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 for approval on behalf of the Board, 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, and

  • (d) in relation to the approval of, or refusal to approve, the development, subject to or without conditions, 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.

• (6B) A decision given under subsection (6) and the notification of the decision shall include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment 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.”.

Amendment of section 181C of Act of 2000

“(5A)(a) Without prejudice to subsection (5) and subject to paragraph (b), where a prospective applicant has made a request under subsection (3)(b) in relation to what information will be required to be contained in an environmental impact assessment report, the Board shall, after taking into account the information provided by the prospective applicant, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give an opinion in writing on the scope and level of detail of the information to be included in such report, subject to any consultations carried out by the Board in relation to such opinion.

• (b) The Board shall give the opinion before the submission by the prospective applicant of the environmental impact assessment report.

• (5B) Where an opinion referred to in subsection (5A) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.”.

Amendment of section 182A of Act of 2000

• (a) in subsection (4), by the insertion of the following paragraph after paragraph (a):

• “(aa) comply with section 172B,”,

• (b) in subsection (8)—

• (i) in paragraph (a), by the substitution of “(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)” for “(which shall not be less than 3 weeks)”, and

• (ii) in paragraph (b), by the substitution of “(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)” for “(which shall be not less than 3 weeks)”, and

• (c) by the insertion of the following subsection after subsection (8):

• “(8A) The period provided for in subsection (8)(a) or (b) shall, in a case relating to an environmental impact assessment report, not be less than—

  • (a) 30days where the report has been furnished to the Board, and

  • (b) 3weeks where the report has not been furnished to the Board.”.

Amendment of section 182B of Act of 2000

• (a) by the substitution of the following subsection for subsection (2):

“(2)(a) The Board may take the action specified in paragraph (b) 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.

• (b) Subject to paragraph (c), the Board may grant in respect of the proposed development an exemption from a requirement under section 182A(2) to prepare an environmental impact assessment report.

• (c) No exemption may be granted under paragraph (b) in respect of the proposed development where another Member State of the European Union or a state which is a 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.”,

• (b) in subsection (5), by the substitution of “The Board shall, in respect of an application under section 182A for approval of the proposed development, make its decision within a reasonable period of time and may, in respect of such application” for “The Board may, in respect of an application under section 182A for approval of proposed development”,

• (c) in subsection (5A)—

• (i) by the insertion of the following paragraphs after paragraph (a):

• “(aa) the reasoned conclusion, in relation to the significant effects on the environment of the proposed development, on which the decision is based,

• (ab) in relation to the approval of, or refusal to approve, the development, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to approve or to refuse to approve such development is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to approve or refuse to approve the development,”,

• (ii) by the insertion of the following paragraphs after paragraph (b):

• “(ba) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to any approval 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 for approval on behalf of the Board, 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,

• (bb) in relation to the approval of, or refusal to approve, the development, subject to or without conditions, 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,” and

• (d) by the insertion of the following subsection after subsection (5A):

• “(5AA) A decision of the Board under subsection (5) and the notification of the decision shall include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment 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.”.

Amendment of section 182C of Act of 2000

• (a) in subsection (4)—

• (i) in paragraph (a), by the deletion of “and” where it last occurs, and

• (ii) by the insertion of the following paragraph after paragraph (a):

• “(aa) comply with section 172B,”,

• (b) in subsection (8)—

• (i) in paragraph (a), by the substitution of “(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)” for “(which shall not be less than 3 weeks)”, and

• (ii) in paragraph (b), by the substitution of “(which shall not be less than 3 weeks in a case other than a case relating to a revised environmental impact assessment report)” for “(which shall be not less than 3 weeks)”, and

• (c) by the insertion of the following subsection after subsection (8):

• “(8A) The period provided for in subsection (8)(a) or (b) shall, in a case relating to a revised environmental impact assessment report, not be less than—

  • (a) 30days where the report has been furnished to the Board, and

  • (b) 3weeks where the report has not been furnished to the Board.”.

Amendment of section 182D of Act of 2000

• (a) by the substitution of the following subsection for subsection (2):

“(2)(a) The Board may take the action specified in paragraph (b) 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.

• (b) Subject to paragraph (c), the Board may grant in respect of the proposed development an exemption from a requirement under section 182C(1) to prepare an environmental impact assessment report.

• (c) No exemption may be granted in respect of proposed development under paragraph (b) where another Member State of the European Union or a state which is a 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.”,

• (b) in subsection (5), by the substitution of “The Board shall, in respect of an application under section 182C for approval of the proposed development, make its decision within a reasonable period of time and may, in respect of such application” for “The Board may, in respect of an application under section 182C for approval of proposed development”,

• (c) in subsection (5A)—

• (i) by the insertion of the following paragraphs after paragraph (a):

• “(aa) the reasoned conclusion, in relation to the significant effects on the environment of the proposed development, on which the decision is based,

• (ab) in relation to the approval of, or refusal to approve, the development, where a decision (being a decision which arises from the consideration of the environmental impact assessment report concerned) by the Board to approve or to refuse to approve such development is different from the recommendation in a report of a person assigned to report on the application on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to approve or refuse to approve the development,”, and

• (ii) by the insertion of the following paragraphs after paragraph (b):

• “(ba) where a decision to impose a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to any approval 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 for approval on behalf of the Board, 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,

• (bb) in relation to the approval of, or refusal to approve, the development, subject to or without conditions, 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, and”, and

• (d) by the insertion of the following subsection after subsection (5A):

• “(5AA) A decision of the Board given under subsection (5) and the notification of the decision shall include a summary of the results of consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and state how those results have been incorporated into the decision or otherwise addressed.”.

Amendment of section 182E of Act of 2000

“(3)(a) Paragraph (b) applies where a prospective applicant requests the Board to give to him or her an opinion in writing on the scope and level of detail of the information required to be included by the prospective applicant in an environmental impact assessment report in relation to the proposed development.

• (b) The Board shall—

  • (i) after consulting the prospective applicant and such bodies as may be specified by the Minister for the purpose, and

  • (ii) after taking into account the information provided by the prospective applicant, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment,

  give the opinion as soon as is practicable.

• (3A) Where an opinion referred to in subsection (3) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.”.

Amendment of Act of 2000 in relation to references to environmental impact statement

• (2) In paragraph (1), a reference to a column is a reference to the Table set out in Schedule 1.

PART 3 AMENDMENT OF PLANNING AND DEVELOPMENT (HOUSING) AND RESIDENTIAL TENANCIES ACT 2016

Definition

Amendment of section 7 of Act of 2016

• (a) in subsection (1)(a)(i)(I), by the substitution of “does not equal or exceed, as the case may be,” for “does not exceed”,

• (b) in subsection (2)(b)—

• (i) in subparagraph (i), by the substitution of “subject to subsection (2A), shall”, for “shall” and

• (ii) in subparagraph (ii), by the substitution of “subject to subsection (2B), shall” for “shall”, and

• (c) by the insertion of the following subsections after subsection (2):

“(2A)(a) Subject to paragraph (b), where a prospective applicant makes a request to the Board to which clause (I) of subsection (1)(a)(i) applies, the Board shall not be required to comply with subsection (2)(b)(i) within the period specified in subsection (2)(b)(i) 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 the prospective applicant before the expiration of the period referred to in subsection (2)(b)(i), 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 in the notice the date before which the Board intends that the determination concerned shall be made.

(2B)(a) The period referred to in subsection (2)(b)(ii) shall not apply where a notice under subsection (2A)(b) has been served.

• (b) Where paragraph (a) applies, the Board shall comply with the request under subsection (1)(b) within 8 weeks of making the determination concerned under subsection (1)(a)(i)(I).”.

Amendment of section 8 of Act of 2016

• (a) in subsection (1), by the insertion of the following paragraph after paragraph (a):

• “(aa) comply with section 172B of the Planning and Development Act 2000 ,”,

• (b) in subsection (3)(b), by the insertion of “subject to subsection (3A),” after “the Board shall,”, and

• (c) by the insertion of the following subsection after subsection (3):

“(3A)(a) Subject to paragraph (b), the Board shall not be required to comply with subsection (3)(b), in so far as an environmental impact assessment report is concerned (including the originals referred to in that subsection and the information prescribed under section 12 referred to in that subsection to the extent that such originals or information relate to that report), within the period specified in the 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 the applicant before the expiration of the period referred to in subsection (3)(b), 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 in the notice the date before which the Board intends to comply with that subsection.”.

Amendment of section 9 of Act of 2016

Amendment of section 10 of Act of 2016

• (a) in subsection (3)—

• (i) by the insertion of the following paragraphs after paragraph (a):