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

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

• (ab) if that decision arises from the Board’s consideration of the environmental impact assessment report concerned and is different from the recommendation in a report of a person assigned to report on the application concerned on behalf of the Board, the main reasons for not accepting the recommendation in the last-mentioned report to refuse permission,”,

• (ii) in paragraph (b), by the substitution of “may be,” for “may be, and”,

• (iii) in paragraph (c), by the substitution of “them,” for “them.”, and

• (iv) by the insertion of the following paragraphs after paragraph (c):

• “(d) 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 permission 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 permission 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

• (e) in relation to the granting or refusal of a permission in respect of an application accompanied by an environmental impact assessment report, 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

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

• “(3A) A decision given under section 9(4) in respect of an application accompanied by an environmental impact assessment report 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.”.

Construction of Fourth Schedule to Act of 2000 during remainder of specified period

“18B.In the case of proposed strategic housing development (within the meaning of Chapter 1 of the Planning and Development (Housing) and Residential Tenancies Act 2016 ), the environmental impact assessment report submitted with the application for permission under section 4 of that Act is inadequate or incomplete.”.

Amendment of Act of 2016 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 2.

PART 4 Amendment of Planning and Development (Amendment) Act 2018

Amendment of Schedule 2 to Planning and Development (Amendment) Act 2018

PART 5 Amendment of Planning and Development Regulations 2001

Definition

Amendment of article 3 of Regulations of 2001

• (a) by the insertion of the following definitions:

“ ‘EIAR’ means an environmental impact assessment report;

‘remedial EIAR’ means a remedial environmental impact assessment report within the meaning of section 177F of the Act;”, and

• (b) by the deletion of the definitions of “EIS” and “remedial EIS”.

Amendment of article 22 of Regulations of 2001

• (a) in sub-article (2)—

• (i) in paragraph (g), by the deletion of “and”, and

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

• “(ga) where the application is accompanied by an EIAR, a copy of the confirmation notice, and”, and

• (b) in sub-article (3), by the insertion of “searchable electronic or other” after “partly in”.

Amendment of article 26 of Regulations of 2001

• “(2) Where a planning authority considers that a planning application complies with the requirements of articles 18, 19(1)(a) and 22 and, as may be appropriate, of article 24 or 25, it shall stamp each document with the date of its receipt and—

  • (a) send to the applicant an acknowledgement stating the date of receipt of the application, and

  • (b) if the application was accompanied by an EIAR, send to the EIA portal in electronic form in the manner set out on the portal—

    • (i) a copy of the confirmation notice received in accordance with article 22(2)(ga),

    • (ii) the reference number of the application on the register, and

    • (iii) the URL to the documents placed on its website pursuant to section 38(3)(b) of the Act.”.

Amendment of article 27 of Regulations of 2001

Amendment of article 31 of Regulations of 2001

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

• “(ha) in the case of a decision to grant permission for a proposed development to which article 103(3A) applies — a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development and such conditions, if any, as are necessary to ensure their implementation,”,

• (b) in paragraph (k), by the deletion of “and”,

• (c) in paragraph (l), by the substitution of “refuse permission, and” for “refuse permission.”, and

• (d) by the insertion of the following paragraph after paragraph (l):

• “(m) in the case of a decision to impose a condition (being an environmental condition which arises from the consideration of the EIAR concerned) in relation to the grant of a permission where the condition is materially different, in relation to the terms of such condition, from the recommendation in the report or reports on the planning application to the chief executive (or such other person delegated to make the decision) — the main reasons for not accepting, or for varying, as the case may be, the recommendation in the report or reports in relation to such condition.”.

Amendment of article 33 of Regulations of 2001

• (a) in paragraph (a), by the substitution of “assessed,” for “assessed, or”, and

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

• “(aa) where information specified in Schedule 7A is requested pursuant to article 103(1)(b), or”.

Amendment of article 35 of Regulations of 2001

Inclusion of URL to appeal on planning authority’s website, etc

“68A.Where a copy of an appeal, accompanied by an EIAR, is sent to a planning authority by the Board pursuant to section 128 of the Act, the planning authority shall, as soon as may be after receipt of that copy, include the URL to the appeal on the Board’s website with the documents referred to in section 38(3)(b) of the Act.”.

Amendment of article 69 of Regulations of 2001

• “(aa) in the case of an appeal accompanied by an EIAR, specify the URL to the appeal on the Board’s website,”.

Amendment of article 72 of Regulations of 2001

• (a) in sub-article (1)—

• (i) by the insertion of “, and display for inspection on its website,” after “make available”,

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

• “(ba) screening determinations made pursuant to article 120(3)(cc),”,

• (iii) in paragraph (c), by the insertion of “section 181(3),” after “section 177AE(3),” and

• (iv) in paragraph (d), by the insertion of “section 181(3),” after “section 177AE(3),”,

• (b) in sub-article (6), by the insertion of “section 181(3),” after “section 177AE(3),”, and

• (c) in sub-article (7), the insertion of “section 181(3),” after “section 177AE(3),”.

Amendment of article 74 of Regulations of 2001

• “(ha) in the case of a decision to grant permission for a proposed development to which article 103(3A) applies — a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid, prevent or reduce and, if possible, offset the significant adverse effects on the environment of the proposed development and such conditions, if any, as are necessary to ensure their implementation,”.

Amendment of article 81 of Regulations of 2001

• (a) in paragraph (c), by the substitution of “this fact,” for “this fact, and”, and

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

• “(ca) indicate its conclusion under article 120(1)(b)(i) or screening determination under article 120(1B)(b)(i), as the case may be (and, in the latter case, including, or referring to, the description, if any, provided under article 120(1A)(b) or 120(3)(cb)(ii), as the case may be), and”.

Amendment of article 82 of Regulations of 2001

Amendment of article 83 of Regulations of 2001

• (a) in paragraph (e), by the substitution of “proposed development, and” for “proposed development.”, and

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

• “(f) the conclusion under article 120(1)(b)(i) or the screening determination under article 120(1B)(b)(i), as the case may be (and, in the latter case, including, or referring to, the description, if any, provided under article 120(1A)(b) or 120(3)(cb)(ii), as the case may be),”.

Amendment of article 87 of Regulations of 2001

• (a) by the insertion of “(or otherwise identify or refer to)” after “shall state”, and

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

• “(ca) its conclusion under article 123A(1)(b)(i) or the screening determination under article 123A(1B)(b)(i), as the case may be (and, in the latter case, including, or referring to, the description, if any, provided under article 123A(1A)(b) or 123A(cb)(ii), as the case may be),”.

Amendment of article 88 of Regulations of 2001

• “(c) be accompanied by—

• (i) a copy of the drawings and particulars of the proposed development made available for inspection in accordance with article 89, and

• (ii) the State authority’s conclusion under article 123A(1)(b)(i) or screening determination under article 123A(1B)(b)(i), as the case may be,

• (ca) include the description if any, provided under article 123A(1A)(b) or 123A(cb)(ii), as the case may be,”.

Amendment of article 92 of Regulations of 2001

• (a) by the substitution of the following definition for the definition of “sub-threshold development”:

“ ‘sub-threshold development’ means development of a type set out in Part 2 of Schedule 5 which does not equal or exceed, as the case may be, a quantity, area or other limit specified in that Schedule in respect of the relevant class of development;”, and

• (b) by the insertion of the following definitions:

“ ‘nuclear safety Directive’ means Council Directive 2009/71/Euratom of 25 June 2009⁵ establishing a Community framework for the nuclear safety of nuclear installations;

‘Seveso III Directive’ means Directive 2012/18/EU of the European Parliament and the Council of 4 July 2012⁶ on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC;”.

Content of EIAR

“94.An EIAR shall take into account the available results of other relevant assessments under European Union or national legislation with a view to avoiding duplication of assessments and shall contain—

• (a) the information specified in paragraph 1 of Schedule 6,

• (b) any additional information specified in paragraph 2 of Schedule 6 relevant to the specific characteristics of the development or type of development concerned and to the environmental features likely to be affected,

• (c) a summary in non-technical language of the information required under paragraphs (a) and (b),

• (d) a reference list detailing the sources used for the descriptions and assessments included in the report, and

• (e) a list of the experts who contributed to the preparation of the report, identifying for each such expert—

  • (i) the part or parts of the report which he or she is responsible for or to which he or she contributed,

  • (ii) his or her competence and experience, including relevant qualifications, if any, in relation to such parts, and

  • (iii) such additional information in relation to his or her expertise that the person or persons preparing the EIAR consider demonstrates the expert’s competence in the preparation of the report and ensures its completeness and quality.”.

Amendment of article 95 of Regulations of 2001

• (a) in sub-article (1)—

• (i) by the substitution of “section 146CA or 173” for “section 173”, and

• (ii) by the substitution of the following paragraph for paragraph (c):

• “(c) a description of—

• (i) the nature of the proposed development,

• (ii) the development’s specific characteristics, including its location and technical capacity, and

• (iii) the development’s likely impact on the environment,”, and

• (b) in sub-article (2)(a), by the insertion of “, under section 146CA or 173 of the Act or article 117,” after “receiving a request”.

Copies of EIAR

“97. (1) Subject to sub-article (2), where an EIAR is required to be submitted to—

• (a) a planning authority in connection with a planning application, or

• (b) the Board on appeal pursuant to a requirement under article 109,

the applicant for planning permission shall submit 10 copies and one electronic copy of the EIAR.

• (2) The electronic copy of the EIAR submitted pursuant to sub-article (1) shall be searchable by electronic means as far as practicable.”.

Amendment of Regulations of 2001 — insertion of articles 97A to 97C

“Information to be provided to EIA portal

97A. The information prescribed for the purposes of section 172B of the Act is the following:

• (a) the name of the applicant;

• (b) a contact name, email address and phone number for correspondence with the applicant or his or her agent;

• (c) the location of the proposed development in 256 characters or less;

• (d) a description of the proposed development in 256 characters or less;

• (e) the name of the planning authority or planning authorities, as the case may be, to which the application is to be made, or if this is being made to the Board or in the case of an appeal, a statement that the application or the appeal, as the case may be, has been made to the Board;

• (f) a location map of sufficient size and containing details of features in the vicinity such as to permit the identification of the site to which the application relates, to a scale (which shall be identified thereon) of not less than 1:1000 in built up areas and 1:2500 in all other areas, or other scale as may be agreed by the Minister in a particular case, and marked so as to identify clearly the land or structure to which the application relates and the boundaries thereof in red;

• (g) an electronic copy of the newspaper notice, searchable by electronic means as far as practicable, inserted or to be inserted pursuant to, as appropriate—

  • (i) section 37E(3)(a), 146C(4)(b), 175(4)(a), 181A(3)(a), 182A(4)(a) or 182C(4)(a) of the Act,

  • (ii) section 8(1)(a) of the Planning and Development (Housing) and Residential Tenancies Act 2016 (No. 17 of 2016), or

  • (iii) article 17(1)(a), 105(1), 112(1) or 223(1)(a).

  Entry of information from applicant, etc., onto EIA portal

  97B. (1) On receipt of information submitted pursuant to article 97A, or in respect of any other application for development consent, the Minister shall satisfy himself or herself whether or not—

• (a) the information provided is sufficient to identify—

  • (i) the name of the applicant,

  • (ii) the location and description of the proposed development, and

  • (iii) the planning authority or planning authorities, as the case may be, to whom the application is to be made, or the Board, or other competent authority, as appropriate, and

• (b) the copy of the newspaper notice concerned referred to in article 97A(g) is searchable by electronic means as far as practicable.

• (2) Where the Minister is so satisfied, he or she shall enter the information concerned referred to in article 97A (other than the information referred to in article 97A(b)) onto the EIA portal and send a confirmation notice by email to the email address provided for correspondence stating that he or she is so satisfied and that such information has been entered onto the portal.

• (3) Where the Minister is not so satisfied, he or she shall—

  • (a) not enter the information onto the EIA portal, and

  • (b) inform the applicant or his or her agent, as appropriate, at the email address provided for correspondence of the reasons why he or she is not so satisfied.

  Entry of information of competent authority onto EIA portal

  97C. On receipt of the information provided pursuant to article 26(2)(b), or in respect of any other application for development consent, the Minister shall, within 3 working days, associate this with the information entered onto the EIA portal pursuant to article 97B(2).”.

Amendment of article 103 of Regulations of 2001

• (a) by the substitution of the following sub-articles for sub-article (1):

“(1)(a) Where a planning application for sub-threshold development is not accompanied by an EIAR, the planning authority shall carry out a preliminary examination of, at the least, the nature, size or location of the development.

• (b) Where the planning authority concludes, based on such preliminary examination, that—

  • (i) there is no real likelihood of significant effects on the environment arising from the proposed development, it shall conclude that an EIA is not required,

  • (ii) there is significant and realistic doubt in regard to the likelihood of significant effects on the environment arising from the proposed development, it shall, by notice in writing served on the applicant, require the applicant to submit to the authority the information specified in Schedule 7A for the purposes of a screening determination unless the applicant has already provided such information, or

  • (iii) there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—

    • (I) conclude that the development would be likely to have such effects, and

    • (II) by notice in writing served on the applicant, require the applicant to submit to the authority an EIAR and to comply with the requirements of article 105.

    (1A)(a) Where an applicant is submitting to the planning authority the information specified in Schedule 7A, the information shall be accompanied by any further relevant information on the characteristics of the proposed development and its 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.

• (b) Where an applicant is submitting to the planning authority the information specified in Schedule 7A, the information 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 of the development.

(1B)(a) Where a planning application for sub-threshold development is not accompanied by an EIAR but is accompanied by the information specified in Schedule 7A and sub-article (1A), or where an applicant submits to the planning authority such information pursuant to a requirement issued under sub-article (1)(b)(ii), the planning authority shall carry out an examination of, at the least, the nature, size or location of the development for the purposes of a screening determination.

• (b) The planning authority shall make a screening determination and—

  • (i) if such determination is that there is no real likelihood of significant effects on the environment arising from the proposed development, it shall determine that an EIA is not required, or

  • (ii) if such determination is that there is a real likelihood of significant effects on the environment arising from the proposed development, it shall—

    • (I) determine that the development would be likely to have such effects, and

    • (II) by notice in writing served on the applicant, require the applicant to submit to the authority an EIAR and to comply with the requirements of article 105.

    (1C)(a) Subject to paragraph (b), any conclusion under sub-article (1)(b)(ii) or (iii) on a preliminary examination, or a screening determination under sub-article (1B)(b)(ii), shall be notified by the planning authority to the applicant within 8 weeks of receipt of the information specified in Schedule 7A.

• (b) Subject to paragraph (c), a planning authority shall not be required to comply with paragraph (a) within the period specified in paragraph (a) 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.

• (c) Where paragraph (b) applies, the planning authority shall, by notice in writing served on the applicant before the expiration of the period referred to 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 authority intends that the conclusion or screening determination concerned, as the case may be, shall be reached or made, as the case may be.”,

• (b) by the deletion of sub-article (2),

• (c) by the substitution of the following sub-articles for sub-article (3):

“(3)(a) A planning authority shall, in making its screening determination under sub-article (1B)(b) whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from a proposed development, have regard to—

• (i) the criteria set out in Schedule 7,

• (ii) the information submitted pursuant to Schedule 7A,

• (iii) the further relevant information, if any, referred to in sub-article (1A)(a) and the description, if any, referred to in sub-article (1A)(b),

• (iv) 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

• (v) 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.

• (b) The planning authority’s screening determination under sub-article (1B)(b) whether there is no real likelihood of significant effects on the environment arising from a proposed development or there is a real likelihood of significant effects on the environment arising from a proposed development, as the case may be, including the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7, on which that determination is based, and any notice under sub-article (1C)(c), shall be placed and kept with the documents relating to the planning application.

• (3A) Where the screening determination under sub-article (1B)(b) is that the proposed development would not be likely to have significant effects on the environment and the applicant has provided, under sub-article (1A)(b), a description of the features, if any, of the 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, the planning authority shall specify such features, if any, and such measures, if any, in that determination.”, and

• (d) by the insertion of the following sub-article after sub-article (4):

• “(5) This article shall not apply to a planning application for a proposed development in respect of which a screening for environmental impact assessment (within the meaning of section 176A(1)) of the Act) has been carried out by the planning authority pursuant to section 176B(2) of the Act or in respect of which a determination on a determination review or on an application referral has been made by the Board pursuant to section 176C(6) of the Act.”.

Weekly list of planning applications

“106.A list referred to in article 27 shall identify any planning application in respect of which—

• (a) an EIAR has been received by the planning authority with a planning application,

• (b) a notice has been served by the planning authority under article 103,

• (c) a conclusion has been reached by the planning authority in respect of a planning application under article 103(1)(b),

• (d) a screening determination has been made by the planning authority under article 103(1B), or

• (e) an EIAR has been received by the planning authority pursuant to a notice under article 103.”.

Amendment of article 109 of Regulations of 2001

• (a) in sub-article (1), by the substitution of “equals or exceeds, as the case may be,” for “exceeds”,

• (b) by the substitution of the following sub-articles for sub-article (2):