S.I. No. 296/2018 - European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
1 amending act · 2024-03-06, LOCAL GOVERNMENT (MAYOR OF LIMERICK) AND MISCELLANEOUS PROVISIONS ACT 2024
SCHEDULE 7
Sections 146B, 176B, 176C, 177D and 177K of the Act
and articles 103, 109, 120, 123A, 132I, 289 and 299C
Criteria for determining whether Development listed in Part 2 of Schedule 5 should be subject to an Environmental Impact Assessment
1.Characteristics of proposed development
The characteristics of proposed development, in particular—
- (a) the size and design of the whole of the proposed development,
- (b) cumulation with other existing development and/or development the subject of a consent for proposed development for the purposes of section 172(1A)(b) of the Act and/or development the subject of any development consent for the purposes of the Environmental Impact Assessment Directive by or under any other enactment,
- (c) the nature of any associated demolition works,
- (d) the use of natural resources, in particular land, soil, water and biodiversity,
- (e) the production of waste,
- (f) pollution and nuisances,
- (g) the risk of major accidents, and/or disasters which are relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge, and
- (h) the risks to human health (for example, due to water contamination or air pollution).
2.Location of proposed development
The environmental sensitivity of geographical areas likely to be affected by the proposed development, with particular regard to—
- (a) the existing and approved land use,
- (b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground,
- (c) the absorption capacity of the natural environment, paying particular attention to the following areas:
- (i) wetlands, riparian areas, river mouths;
- (ii) coastal zones and the marine environment;
- (iii) mountain and forest areas;
- (iv) nature reserves and parks;
- (v) areas classified or protected under legislation, including Natura 2000 areas designated pursuant to the Habitats Directive and the Birds Directive and;
- (vi) areas in which there has already been a failure to meet the environmental quality standards laid down in legislation of the European Union and relevant to the project, or in which it is considered that there is such a failure;
- (vii) densely populated areas;
- (viii) landscapes and sites of historical, cultural or archaeological significance.
3. Types and characteristics of potential impacts
The likely significant effects on the environment of proposed development in relation to criteria set out under paragraphs 1 and 2, with regard to the impact of the project on the factors specified in paragraph (b)(i)(I) to (V) of the definition of ‘environmental impact assessment report’ in section 171A of the Act, taking into account—
- (a) the magnitude and spatial extent of the impact (for example, geographical area and size of the population likely to be affected),
- (b) the nature of the impact,
- (c) the transboundary nature of the impact,
- (d) the intensity and complexity of the impact,
- (e) the probability of the impact,
- (f) the expected onset, duration, frequency and reversibility of the impact,
- (g) the cumulation of the impact with the impact of other existing and/or development the subject of a consent for proposed development for the purposes of section 172(1A)(b) of the Act and/or development the subject of any development consent for the purposes of the Environmental Impact Assessment Directive by or under any other enactment, and
- (h) the possibility of effectively reducing the impact.
Schedule 7A
Sections 146B, 176A, 177C, 177D and 177K of the Act
and articles 33, 103, 109, 120, 123A, 132C, 132D, 132F, 132G,
132H, 132I, 227, 286, 289, 299B and 299C
Information to be provided by the Applicant or Developer for the Purposes of Screening Sub-threshold Development for Environmental Impact Assessment
A description of the proposed development, including in particular—
- (a) a description of the physical characteristics of the whole proposed development and, where relevant, of demolition works, and
- (b) a description of the location of the proposed development, with particular regard to the environmental sensitivity of geographical areas likely to be affected.
A description of the aspects of the environment likely to be significantly affected by the proposed development.
A description of any likely significant effects, to the extent of the information available on such effects, of the proposed development on the environment resulting from—
- (a) the expected residues and emissions and the production of waste, where relevant, and
- (b) the use of natural resources, in particular soil, land, water and biodiversity.
The compilation of the information at paragraphs 1 to 3 shall take into account, where relevant, the criteria set out in Schedule 7.”.
Amendment of Regulations of 2001 in relation to references to environmental impact statement
(1) The provisions of the Regulations of 2001 specified in column (2), opposite a reference number specified in column (1), is amended by the substitution of the words specified in column (4), opposite that reference number, for the words specified in column (3) opposite that reference number.
- (2) In paragraph (1), a reference to a column is a reference to the Table set out in Schedule 3.
Amendment of Schedule 3 to Regulations of 2001
Schedule 3 to the Regulations of 2001 is amended—
- (a) by the substitution of the text set out in Schedule 4 for Form No. 1,
- (b) by the substitution of the text set out in Schedule 5 for Form No. 2,
- (c) by the substitution of the text set out in Schedule 6 for Form No. 6,
- (d) by the substitution of the text set out in Schedule 7 for Form No. 7,
- (e) by the substitution of the text set out in Schedule 8 for Form No. 8,
- (f) by the substitution of the text set out in Schedule 9 for Form No. 11,
- (g) by the substitution of the text set out in Schedule 10 for Form No. 12,
- (h) by the substitution of the text set out in Schedule 11 for Form No. 13, and
- (i) by the substitution of the text set out in Schedule 12 for Form No. 14.
SCHEDULE 1
Regulation 36
Amendment of Act of 2000 in relation to References to Environmental Impact Statement
Table
| Reference No. (1) | Provision of Act of 2000 (2) | Words to be substituted (3) | Substituting words (4) |
| 1 | section 7(2)(b) | environmental impact statement, remedial environmental impact statement | environmental impact assessment report, remedial environmental impact assessment report |
| 2 | section 34(1A) | Environmental Impact Statement | environmental impact assessment report |
| 3 | section 34(8)(c) | environmental impact statement | environmental impact assessment report |
| 4 | section 34(8)(ca) | Where an environmental impact statement | Where an environmental impact assessment report |
| 5 | section 34(8)(ca)(i) | environmental impact statement | environmental impact assessment report |
| 6 | section 34(8)(ca)(ii) | environmental impact statement submitted | environmental impact assessment report submitted |
| 7 | section 34(8)(ca)(ii) | to the environmental impact statement | to the environmental impact assessment report |
| 8 | section 37(4)(c) | environmental impact statement | environmental impact assessment report |
| 9 | section 37D(1) | environmental impact statement | environmental impact assessment report |
| 10 | section 37E(1) | environmental impact statement | environmental impact assessment report |
| 11 | section 37E(2) | environmental impact statement | environmental impact assessment report |
| 12 | section 37E(3)(a)(i)(II) | environmental impact statement | environmental impact assessment report |
| 13 | section 37E(3)(a)(ii) | environmental impact statement | environmental impact assessment report |
| 14 | section 37E(3)(b) | environmental impact statement | environmental impact assessment report |
| 15 | section 37E(3)(c) | environmental impact statement | environmental impact assessment report |
| 16 | section 37E(3)(d) | environmental impact statement | environmental impact assessment report |
| 17 | section 37F(1)(a) | environmental impact statement | environmental impact assessment report |
| 18 | section 37F(2) | environmental impact statement | environmental impact assessment report |
| 19 | section 37G(2)(a) | environmental impact statement | environmental impact assessment report |
| 20 | section 38(1)(a) | environmental impact statement | environmental impact assessment report |
| 21 | section 128(1)(a)(i) | environmental impact statement | environmental impact assessment report |
| 22 | section 130(3)(a) | environmental impact statement | environmental impact assessment report |
| 23 | section 144(1A)(g) | environmental impact statement | environmental impact assessment report |
| 24 | section 146C(2) | environmental impact statement | environmental impact assessment report |
| 25 | section 146C(3) | An environmental impact statement | An environmental impact assessment report |
| 26 | section 146C(3)(a) | environmental impact statements | environmental impact assessment reports |
| 27 | section 146C(4) | When an environmental impact statement | When an environmental impact assessment report |
| 28 | section 146C(4)(a) | statement | report |
| 29 | section 146C(4)(b)(i) | environmental impact statement | environmental impact assessment report |
| 30 | section 146C(4)(b)(ii) | environmental impact statement | environmental impact assessment report |
| 31 | section 146C(4)(b)(iii) | environmental impact statement | environmental impact assessment report |
| 32 | section 146C(4)(c) | environmental impact statement | environmental impact assessment report |
| 33 | section 146C(4)(c)(i) | statement | report |
| 34 | section 146C(4)(d) | environmental impact statement | environmental impact assessment report |
| 35 | section 146C(4)(d)(i) | statement | report |
| 36 | section 146C(6)(a) | environmental impact statement | environmental impact assessment report |
| 37 | section 172(1C) | accompanied by an environmental impact statement | accompanied by an environmental impact assessment report |
| 38 | section 172(1C) | environmental impact statement and where the environmental impact statement | environmental impact assessment report and where the environmental impact assessment report |
| 39 | section 172(1G)(a) | environmental impact statement | environmental impact assessment report |
| 40 | section 172(2) | environmental impact statements | environmental impact assessment reports |
| 41 | section 172(5) | environmental impact statements | environmental impact assessment reports |
| 42 | section 173(1) | environmental impact statement was submitted | environmental impact assessment report was submitted |
| 43 | section 173(1) | statement, any supplementary information furnished relating to the statement | report, any supplementary information furnished relating to the report |
| 44 | section 173(3)(b) | environmental impact statement | environmental impact assessment report |
| 45 | section 173A(3) | environmental impact statement and the planning authority or the Board did not require the submission of an environmental impact statement | environmental impact assessment report and the planning authority or the Board did not require the submission of an environmental impact assessment report |
| 46 | section 173A(7)(a) | environmental impact statement | environmental impact assessment report |
| 47 | section 173B(3) | environmental impact statement and the planning authority or the Board did not require the submission of an environmental impact statement | environmental impact assessment report and the planning authority or the Board did not require the submission of an environmental impact assessment report |
| 48 | section 173B(7)(a) | environmental impact statement | environmental impact assessment report |
| 49 | section 174(1)(a) | environmental impact statement | environmental impact assessment report |
| 50 | section 174(5)(b) | environmental impact statement | environmental impact assessment report |
| 51 | section 175(1) | environmental impact statement | environmental impact assessment report |
| 52 | section 175(2) | environmental impact statement | environmental impact assessment report |
| 53 | section 175(3) | environmental impact statement | environmental impact assessment report |
| 54 | section 175(4)(a)(i)(II) | environmental impact statement | environmental impact assessment report |
| 55 | section 175(4)(a)(ii) | environmental impact statement | environmental impact assessment report |
| 56 | section 175(4)(b) | environmental impact statement | environmental impact assessment report |
| 57 | section 175(5)(a)(ii) | environmental impact statement | environmental impact assessment report |
| 58 | section 175(5)(d)(i)(II) | environmental impact statement | environmental impact assessment report |
| 59 | section 175(5)(d)(i) | environmental impact statement referred to | environmental impact assessment report referred to |
| 60 | section 175(5)(d)(i) | information or statement | information or report |
| 61 | section 175(5)(d)(ii)(I) | statement | report |
| 62 | section 175(5)(d)(ii)(II) | statement | report |
| 63 | section 175(5)(d)(ii) | statement may | report may |
| 64 | section 175(6)(a) | environmental impact statement | environmental impact assessment report |
| 65 | section 175(6)(b) | environmental impact statement | environmental impact assessment report |
| 66 | section 175(11)(b)(i) | environmental impact statement | environmental impact assessment report |
| 67 | section 177(1) | environmental impact statement | environmental impact assessment report |
| 68 | section 177A(1) | remedial environmental impact statement | remedial environmental impact assessment report |
| 69 | section 177B(1)(i) | environmental impact statement or a Natura impact statement or both of those statements, as the case may be, or inadequacy of an environmental impact statement or a Natura impact statement or both of those statements | environmental impact assessment report or a Natura impact statement or both that report and that statement, as the case may be, or inadequacy of an environmental impact assessment report or a Natura impact statement or both that report and that statement |
| 70 | section 177B(2)(c) | remedial environmental impact statement or remedial Natura impact statement or both of those statements | remedial environmental impact assessment report or remedial Natura impact statement or both that report and that statement |
| 71 | section 177C(2)(a)(i) | environmental impact statement or a Natura impact statement or both of those statements, as the case may be, or inadequacy of an environmental impact statement or a Natura impact statement or both of those statements | environmental impact assessment report or a Natura impact statement or both that report and that statement, as the case may be, or inadequacy of an environmental impact assessment report or a Natura impact statement or both that report and that statement |
| 72 | section 177D(1)(a)(i) | environmental impact statement or a Natura impact statement or both of those statements as the case may be, or inadequacy of an environmental impact statement or a Natura impact statement or both of those statements | environmental impact assessment report or a Natura impact statement or both that report and that statement, as the case may be, or inadequacy of an environmental impact assessment report or a Natura impact statement or both that report and that statement |
| 73 | section 177D(7)(b) | remedial environmental impact statement or a remedial Natura impact statement, or both of those statements | remedial environmental impact assessment report or a remedial Natura impact statement, or both that report and that statement |
| 74 | section 177E(2)(c) | remedial environmental impact statement or remedial Natura impact statement or both of those statements | remedial environmental impact assessment report or remedial Natura impact statement or both that report and that statement |
| 75 | section 177E(2)(d) | remedial environmental impact statement or remedial Natura impact statement or both of those statements | remedial environmental impact assessment report or remedial Natura impact statement or both that report and that statement |
| 76 | section 177E(2A)(b)(I) | remedial environmental impact statement was issued in respect of the development under section 177B(2), 177D(7), 261A(3)(c), 261A(10) or 261A(12), an environmental impact statement | remedial environmental impact assessment report was issued in respect of the development under section 177B(2), 177D(7), 261A(3)(c), 261A(10) or 261A(12), an environmental impact assessment report |
| 77 | section 177E(5) | remedial environmental impact statement, or the remedial Natura impact statement, or both of those statements, as the case may be, and, where subsection (2A)(b) applies, the environmental impact statement or Natura impact statement or both of those statements | remedial environmental impact assessment report, or the remedial Natura impact statement, or both that report and that statement, as the case may be, and, where subsection (2A)(b) applies, the environmental impact assessment report or Natura impact statement or both that report and that statement |
| 78 | section 177F(1) | remedial environmental impact statement | remedial environmental impact assessment report |
| 79 | section 177I(1) | remedial environmental impact statement or a remedial Natura impact statement or both of those statements, as the case may be, and, where section 177E(2A)(b) applies, an environmental impact statement or Natura impact statement or both of those statements | remedial environmental impact assessment report or a remedial Natura impact statement or both that report and that statement, as the case may be, and, where section 177E(2A)(b) applies, an environmental impact assessment report or Natura impact statement or both that report and that statement |
| 80 | section 177K(2)(c) | remedial environmental impact statement, or remedial Natura impact statement, or both of those statements, as the case may be, and, where section 177E(2A)(b) applies, the environmental impact statement or Natura impact statement or both of those statements | remedial environmental impact assessment report, or remedial Natura impact statement, or both that report and that statement, as the case may be, and, where section 177E(2A)(b) applies, the environmental impact assessment report or Natura impact statement or both that report and that statement |
| 81 | section 177N(2)(i) | remedial environmental impact statement | remedial environmental impact assessment report |
| 82 | section 177P(2)(b) | remedial environmental impact statement or a remedial Natura impact statement, or both such statements | remedial environmental impact assessment report or a remedial Natura impact statement, or both that report and that statement |
| 83 | section 179(6)(d) | environmental impact statement | environmental impact assessment report |
| 84 | section 181(3)(d)(i)(I) | environmental impact statement | environmental impact assessment report |
| 85 | section 181(3)(e) | copy of the application and the environmental impact statement or Natura impact statement, or both of them | copy of the application and the environmental impact assessment report or Natura impact statement, or both that report and that statement |
| 86 | section 181(3)(e) | make the application, and the environmental impact statement or Natura impact statement, or both of them | make the application, and the environmental impact assessment report or Natura impact statement, or both that report and that statement |
| 87 | section 181A(1) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 88 | section 181A(3)(a)(i)(II) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 89 | section 181A(3)(a)(ii) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 90 | section 181A(3)(b) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 91 | section 181A(3)(c) | environmental impact statement | environmental impact assessment report |
| 92 | section 181A(4)(b) | revised environmental impact statement or revised Natura impact statement or both of those statements | revised environmental impact assessment report or revised Natura impact statement or both that report and that statement |
| 93 | section 181A(7)(a)(ii) | revised environmental impact statement or revised Natura impact statement or both of those statements | revised environmental impact assessment report or revised Natura impact statement or both that report and that statement |
| 94 | section 181A(7)(a) | information or the environmental impact statement or Natura impact statement or both of those statements | information or the environmental impact assessment report or Natura impact statement or both that report and that statement |
| 95 | section 181A(7)(a) | that information or statement | that information, report or statement |
| 96 | section 181A(7)(b)(i) | information or statement | information, report or statement |
| 97 | section 181A(b)(ii) | information or statement | information, report or statement |
| 98 | section 181A(7)(b) | in relation to that further information, information or statement | in relation to that further information, information, report or statement |
| 99 | section 181B(1)(a) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 100 | section 181C(3)(b) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 101 | section 182A(2) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 102 | section 182A(4)(a)(i)(II) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 103 | section 182A(4)(a)(ii) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 104 | section 182A(4)(b) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 105 | section 182A(4)(c) | environmental impact statement | environmental impact assessment report |
| 106 | section 182A(5)(b) | revised environmental impact statement or revised Natura impact statement or both of those statements | revised environmental impact assessment report or revised Natura impact statement or both that report and that statement |
| 107 | section 182A(8)(a)(ii) | revised environmental impact statement or revised Natura impact statement or both of those statements | revised environmental impact assessment report or revised Natura impact statement or both that report and that statement |
| 108 | section 182A(8)(a) | information or the revised environmental impact statement or revised Natura impact statement or both of those statements | information or the revised environmental impact assessment report or revised Natura impact statement or both that report and that statement |
| 109 | section 182A(8)(a) | information or statement | information, report or statement |
| 110 | section 182A(8)(b)(i) | information or statement | information, report or statement |
| 111 | section 182A(8)(b)(ii) | information or statement | information, report or statement |
| 112 | section 182A(8)(b) | in relation to that further information, information or statement | in relation to that further information, information, report or statement |
| 113 | section 182B(1)(a) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 114 | section 182C(1)(b) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 115 | section 182C(4)(a)(i)(II) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 116 | section 182C(4)(a)(ii) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 117 | section 182C(4)(b) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 118 | section 182C(5)(b) | revised environmental impact statement or Natura impact statement or both of those statements | revised environmental impact assessment report or Natura impact statement or both that report and that statement |
| 119 | section 182C(8)(a)(ii) | revised environmental impact statement or revised Natura impact statement or both of those statements | revised environmental impact assessment report or revised Natura impact statement or both that report and that statement |
| 120 | section 182C(8)(a) | information or the revised environmental impact statement or revised Natura impact statement or both of those statements | information or the revised environmental impact assessment report or revised Natura impact statement or both that report and that statement |
| 121 | section 182C(8)(a) | in relation to that information or statement | in relation to that information, report or statement |
| 122 | section 182C(8)(b)(i) | information or statement | information, report or statement |
| 123 | section 182C(8)(b)(ii) | information or statement | information, report or statement |
| 124 | section 182C(8)(b) | in relation to that further information, information or statement | in relation to that further information, information, report or statement |
| 125 | section 182D(1)(a) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 126 | section 217B(4)(b) | revised environmental impact statement | revised environmental impact assessment report |
| 127 | section 217B(7)(a)(ii) | revised environmental impact statement | revised environmental impact assessment report |
| 128 | section 217B(7)(a) | information or the environmental impact statement | information or the environmental impact assessment report |
| 129 | section 217B(7)(a) | in relation to that information or statement | in relation to that information, report or statement |
| 130 | section 217B(7)(b)(i) | information or statement | information, report or statement |
| 131 | section 217B(7)(b)(ii) | information or statement | information, report or statement |
| 132 | section 217B(7)(b) | in relation to that further information, information or statement | in relation to that further information, information, report or statement |
| 133 | section 217B(8) | revised environmental impact statement | revised environmental impact assessment report |
| 134 | section 226(4)(b)(i) | environmental impact statement | environmental impact assessment report |
| 135 | section 226(7)(a)(ii) | environmental impact statement | environmental impact assessment report |
| 136 | section 226(7)(a) | statement accordingly | report accordingly |
| 137 | section 227(5) | environmental impact statement | environmental impact assessment report |
| 138 | section 227(8)(b)(i) | environmental impact statement | environmental impact assessment report |
SCHEDULE 2
Regulation 43
Amendment of Act of 2016 in relation to References to Environmental Impact Statement
Table
| Reference No. (1) | Provision of Act of 2016 (2) | Words to be substituted (3) | Substituting words (4) |
| 1 | section 7(1)(b) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 2 | section 8(1)(a)(iii) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 3 | section 8(1)(a)(v) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 4 | section 8(1)(b) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 5 | section 8(1)(c) | environmental impact statement | environmental impact assessment report |
| 6 | section 8(2) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 7 | section 8(3)(a) | environmental impact statement | environmental impact assessment report |
| 8 | section 8(3)(b)(i)(I) | environmental impact statement or Natura impact statement, or both of those statements | environmental impact assessment report or Natura impact statement, or both that report and that statement |
| 9 | section 8(4)(c) | environmental impact statement or Natura impact statement, or both of those statements | environmental impact assessment report or Natura impact statement, or both that report and that statement |
| 10 | section 9(1)(b) | environmental impact statement or Natura impact statement or both of those statements | environmental impact assessment report or Natura impact statement or both that report and that statement |
| 11 | section 9(5) | environmental impact statement | environmental impact assessment report |
SCHEDULE 3
Regulation 98
Amendment of Regulations of 2001 in relation to References to Environmental Impact Statement
Table
| Reference No. (1) | Provision of Regulations of 2001 (2) | Words to be substituted (3) | Substituting words (4) |
| 1 | article 16(1) | EIS | EIAR |
| 2 | article 35(1)(a)(v) | EIS | EIAR |
| 3 | article 66(1) | EIS | EIAR |
| 4 | article 67, in paragraph (b) of the definition of “relevant person” | EIS | EIAR |
| 5 | article 72(6)(d) | EIS | EIAR |
| 6 | article 72(7A)(d) | remedial EIS | remedial EIAR |
| 7 | article 95(1) | EIS | EIAR |
| 8 | article 95(2)(a)(i) | EIS | EIAR |
| 9 | article 95(2)(a)(ii) | EIS | EIAR |
| 10 | article 95(6) | EIS | EIAR |
| 11 | article 96(2)(b) | EIS | EIAR |
| 12 | article 98 | by an EIS | by an EIAR |
| 13 | article 98(a) | EIS | EIAR |
| 14 | article 98(b) | EIS | EIAR |
| 15 | article 99(1) | EIS | EIAR |
| 16 | article 102 | EIS, the application shall be dealt with as if the EIS | EIAR, the application shall be dealt with as if the EIAR |
| 17 | article 103(4) | Where an EIS | Where an EIAR |
| 18 | article 103(4) | EIS seek further information in relation to the EIS | EIAR seek further information in relation to the EIAR |
| 19 | article 105(1) | EIS is required under article 103, the applicant shall, not more than 2 weeks before submitting the EIS, publish notice of the intention to submit the EIS | EIAR is required under article 103, the applicant shall, not more than 2 weeks before submitting the EIAR, publish notice of the intention to submit the EIAR |
| 20 | article 105(2)(e) | EIS | EIAR |
| 21 | article 105(2)(f) | EIS | EIAR |
| 22 | article 105(2)(g) | EIS may be made in writing to the planning authority within 5 weeks of the date of receipt by the authority of the EIS | EIAR may be made in writing to the planning authority within 5 weeks of the date of receipt by the authority of the EIAR |
| 23 | article 105(3) | EIS | EIAR |
| 24 | article 107(1) | EIS, a notice given by a planning authority under article 28(2) shall indicate that fact and shall state that the EIS | EIAR, a notice given by a planning authority under article 28(2) shall indicate that fact and shall state that the EIAR |
| 25 | article 107(2) | EIS pursuant to a notice under article 103, it shall, as soon as may be following receipt of the EIS | EIAR pursuant to a notice under article 103, it shall as soon as may be following receipt of the EIAR |
| 26 | article 107(2)(a) | EIS will be | EIAR will be |
| 27 | article 107(2)(a) | EIS may | EIAR may |
| 28 | article 107(2)(a) | of the EIS | of the EIAR |
| 29 | article 107(2)(a) | for an EIS | for an EIAR |
| 30 | article 107(2)(b)(i) | EIS is available | EIAR is available |
| 31 | article 107(2)(b)(i) | EIS may | EIAR may |
| 32 | article 107(2)(b)(i) | of the EIS | of the EIAR |
| 33 | article 108(1) | EIS submitted | EIAR submitted |
| 34 | article 108(1) | EIS complies | EIAR complies |
| 35 | article 108(2) | EIS | EIAR |
| 36 | article 109(1) | EIS was | EIAR was |
| 37 | article 109(1) | EIS to | EIAR to |
| 38 | article 110(1) | EIS | EIAR |
| 39 | article 111(1) | EIS received | EIAR received |
| 40 | article 111(1) | EIS complies | EIAR complies |
| 41 | article 111(2) | EIS | EIAR |
| 42 | article 112(2)(f) | EIS | EIAR |
| 43 | article 112(2)(g) | EIS | EIAR |
| 44 | article 112(2)(h) | EIS may | EIAR may |
| 45 | article 112(2)(h) | of the EIS | of the EIAR |
| 46 | article 112(5) | EIS is received | EIAR is received |
| 47 | article 112(5)(a) | EIS will | EIAR will |
| 48 | article 112(5)(a) | EIS may | EIAR may |
| 49 | article 112(5)(a) | of the EIS | of the EIAR |
| 50 | article 112(5)(b) | EIS is available | EIAR is available |
| 51 | article 112(5)(b) | EIS may | EIAR may |
| 52 | article 112(5)(b) | of the EIS | of the EIAR |
| 53 | article 113 | EIS | EIAR |
| 54 | article 114 | EIS received | EIAR received |
| 55 | article 114 | of the EIS | of the EIAR |
| 56 | article 115(1) | EIS | EIAR |
| 57 | article 115(2) | EIS under sub-article (1), make the EIS | EIAR under sub-article (1), make the EIAR |
| 58 | article 116 | EIS | EIAR |
| 59 | article 118(b) | EIS | EIAR |
| 60 | article 120(5) | EIS | EIAR |
| 61 | article 123(2) | EIS | EIAR |
| 62 | article 123A(5) | EIS | EIAR |
| 63 | article 124(2) | EIS | EIAR |
| 64 | article 126(2)(f) | EIS | EIAR |
| 65 | article 126(3) | EIS | EIAR |
| 66 | article 128(2)(c) | Environmental Impact Statement | Environmental Impact Assessment Report |
| 67 | article 137(3)(d) | EIS | EIAR |
| 68 | article 141(3)(d) | where an EIS | where an EIAR |
| 69 | article 141(3)(d) | of the EIS | of the EIAR |
| 70 | article 143(3)(c) | EIS | EIAR |
| 71 | article 210(3)(a)(ii) | environmental impact statement | EIAR |
| 72 | article 210(4)(ii) | environmental impact statement | EIAR |
| 73 | article 211(2) | environmental impact statement | EIAR |
| 74 | article 213(2) | environmental impact statement | EIAR |
| 75 | article 213(3) | environmental impact statement | EIAR |
| 76 | article 214(1)(a) | environmental impact statement | EIAR |
| 77 | article 215(3)(b) | environmental impact statement | EIAR |
| 78 | article 221(1)(a) | environmental impact statement | EIAR |
| 79 | article 224(d) | remedial EIS or remedial NIS, or both of those statements | remedial EIAR or remedial NIS, or both that report and that statement |
| 80 | article 227(4) | remedial EIS | remedial EIAR |
| 81 | article 240(2) | EIS | EIAR |
| 82 | article 242 | EIS | EIAR |
| 83 | article 244 | EIS | EIAR |
| 84 | article 287 | environmental impact statement | EIAR |
| 85 | article 288(1) | environmental impact statement | EIAR |
| 86 | article 289(3) | environmental impact statement | EIAR |
| 87 | article 291 | to be contained in an environmental impact statement | to be contained in an EIAR |
| 88 | article 291 | should be contained in the environmental impact statement | should be contained in the EIAR |
| 89 | article 296(1) | environmental impact statement | EIAR |
| 90 | article 296(2) | accompanying environmental impact statement | accompanying EIAR |
| 91 | article 296(2) | environmental impact statement sent | EIAR sent |
| 92 | article 300(3)(b) | environmental impact statement | EIAR |
| 93 | article 301(1) | environmental impact statement or Natura impact statement or both of those statements | EIAR or Natura impact statement or both that report and that statement |
SCHEDULE 4
“Form No. 1 Article 19
Site notice
NAME OF PLANNING AUTHORITY1
SITE NOTICE
I, ...........................................2, intend to apply for permission/retention permission
/outline permission/permission consequent on the grant of outline permission (Ref. No. of outline permission)3 for development at this site ..............
.............. 4
The development will consist/consists5 of ..............
..............6
The planning application may be inspected, or purchased at a fee not exceeding the reasonable cost of making a copy, at the offices of the planning authority during its public opening hours.
A submission or observation in relation to the application may be made in writing to the planning authority on payment of the prescribed fee, €20, within the period of 5 weeks beginning on the date of receipt by the authority of the application, and such submissions or observations will be considered by the planning authority in making a decision on the application. The planning authority may grant permission subject to or without conditions, or may refuse to grant permission.
Signed:....................................................................^7
Date of erection of site notice....................................^8
Directions for completing this notice
The name of the planning authority to which the planning application will be made should be inserted here
The name of the applicant for permission (and not his or her agent) should be inserted here
Delete as appropriate. The types of permission which may be sought are—
(a) permission,
(b) retention permission,
(c) outline permission,
(d) permission consequent on the grant of outline permission. If this type of permission is being sought, the reference number on the planning register of the relevant outline permission should be included
The location, townland or postal address of the land or structure to which the application relates should be inserted here
Delete as appropriate. The present tense should be used where retention permission is being sought
A brief description of the nature and extent of the development should be inserted here. The description should include—
(a) where the application relates to development consisting of or comprising the provision of houses, the number of houses to be provided. ‘Houses’ includes buildings designed as 2 or more dwellings or flats, apartments or other dwellings within a building,
(b) where the application relates to the retention of a structure, the nature of the proposed use of the structure and, where appropriate, the period for which it is proposed to retain the structure,
(c) where the application relates to development which would consist of or comprise the carrying out of works to a protected structure or proposed protected structure, an indication of that fact,
(d) where an environmental impact assessment report or Natura impact statement has been prepared in respect of the planning application, an indication of that fact,
(e) where the application relates to development which comprises or is for the purposes of an activity requiring an integrated pollution control licence or a waste licence, an indication of that fact, or
(f) where a planning application relates to development consisting of the provision of, or modifications to an establishment within the meaning of Part 11 of these Regulations (Major Accidents Directive), an indication of that fact
Either the signature of the applicant or the signature and contact address of the person acting on behalf of the applicant should be inserted here
The date that the notice is erected or fixed at the site should be inserted here.”.
SCHEDULE 5
“Form No. 2 Article 22
Planning Application Form
PLANNING APPLICATION FORM
BEFORE FILLING OUT THIS FORM PLEASE NOTE THE
FOLLOWING
Failure to complete this form or attach the necessary documentation, or the submission of incorrect information or omission of required information will lead to the invalidation of your application. Therefore please ensure that each section of this application form is fully completed and signed, entering n/a (not applicable) where appropriate, and that all necessary documentation is attached to the application form.
ADDITIONAL INFORMATION
It should be noted that each planning authority has its own development plan, which sets out local development policies and objectives for its own area. The authority may therefore need supplementary information (i.e. other than that required in this form) in order to determine whether the application conforms with the development plan and may request this on a supplementary application form.
Failure to supply the supplementary information will not invalidate your planning application but may delay the decision-making process or lead to a refusal of permission. Therefore applicants should contact the relevant planning authority to determine what local policies and objectives would apply to the development proposed and whether additional information is required.
OTHER STATUTORY CODES
An applicant will not be entitled solely by reason of a planning permission to carry out the development. The applicant may need other consents, depending on the type of development. For example, all new buildings, extensions and alterations to, and certain changes of use of existing buildings must comply with building regulations, which set out basic design and construction requirements. Also any works causing the deterioration or destruction of the breeding and resting places of bats, otters, natterjack toads, Kerry slugs and certain marine animals constitute a criminal offence unless covered by a derogation licence issued by the Minister for Culture, Heritage and the Gaeltacht (pursuant to Article 16 of the Habitats Directive).
DATA PROTECTION
It is the responsibility of persons or entities wishing to use any personal data on a planning application form for direct marketing purposes to be satisfied that they may do so legitimately under the requirements of the Data Protection Acts 1988 to 2018. The Office of the Data Protection Commissioner states that the sending of marketing material to individuals without consent may result in action by the Data Protection Commissioner against the sender including prosecution.
PLANNING APPLICATION FORM
1. NAME OF RELEVANT PLANNING AUTHORITY: 1. NAME OF RELEVANT PLANNING AUTHORITY:
2. LOCATION OF DEVELOPMENT: 2. LOCATION OF DEVELOPMENT: Postal Address or Townland or Location (as may best identify the land or structure in question) Ordnance Survey Map Ref No (and the Grid Reference where available)1
3. TYPE OF PLANNING PERMISSION (PLEASE TICK APPROPRIATE BOX): 3. TYPE OF PLANNING PERMISSION (PLEASE TICK APPROPRIATE BOX): [ ] Permission[ ] Permission for retention[ ] Outline Permission[ ] Permission consequent on Grant of Outline Permission [ ] Permission[ ] Permission for retention[ ] Outline Permission[ ] Permission consequent on Grant of Outline Permission
4. WHERE PLANNING PERMISSION IS CONSEQUENT ON GRANT OF OUTLINE PERMISSION: 4. WHERE PLANNING PERMISSION IS CONSEQUENT ON GRANT OF OUTLINE PERMISSION: Outline Permission Register Reference Number:.......................................Date of Grant of Outline Permission:.........../................................../........... Outline Permission Register Reference Number:.......................................Date of Grant of Outline Permission:.........../................................../...........
5. APPLICANT2: 5. APPLICANT2: Name(s) Contact details to be supplied at the end of this form. (Question: 24)
6. WHERE APPLICANT IS A COMPANY (REGISTERED UNDER THE COMPANIES ACTS): 6. WHERE APPLICANT IS A COMPANY (REGISTERED UNDER THE COMPANIES ACTS): Name(s) of company director(s) Registered Address (of company) Company Registration number
7. PERSON/AGENT ACTING ON BEHALF OF THE APPLICANT (IF ANY): 7. PERSON/AGENT ACTING ON BEHALF OF THE APPLICANT (IF ANY): Name Address to be supplied at the end of this form. (Question 25)
8. PERSON RESPONSIBLE FOR PREPARATION OF DRAWINGS AND PLANS3: 8. PERSON RESPONSIBLE FOR PREPARATION OF DRAWINGS AND PLANS3: Name Firm/Company
9. DESCRIPTION OF PROPOSED DEVELOPMENT: 9. DESCRIPTION OF PROPOSED DEVELOPMENT: Brief description of nature and extent of development4
10. LEGAL INTEREST OF APPLICANT IN THE LAND OR STRUCTURE: 10. LEGAL INTEREST OF APPLICANT IN THE LAND OR STRUCTURE: 10. LEGAL INTEREST OF APPLICANT IN THE LAND OR STRUCTURE: Please tick appropriate box. Where legal interest is ‘Other’, please expand further on your interest in the land or structure A. Owner B. Occupier C. Other If you are not the legal owner, please state the name and address of the owner and supply a letter from the owner of consent to make the application as listed in the accompanying documentation
11. SITE AREA: 11. SITE AREA: Area of site to which the application relates in hectares ...........................................ha
12. WHERE THE APPLICATION RELATES TO A BUILDING OR BUILDINGS: 12. WHERE THE APPLICATION RELATES TO A BUILDING OR BUILDINGS: Gross floor space5 of any existing building(s) in m2 Gross floor space of proposed works in m2 Gross floor space of work to be retained in m2 (if appropriate) Gross floor space of any demolition in m2 (if appropriate)
13. IN THE CASE OF MIXED DEVELOPMENT (E.G. RESIDENTIAL, COMMERCIAL, INDUSTRIAL, ETC), PLEASE PROVIDE BREAKDOWN OF THE DIFFERENT CLASSES OF DEVELOPMENT AND BREAKDOWN OF THE GROSS FLOOR AREA OF EACH CLASS OF DEVELOPMENT: 13. IN THE CASE OF MIXED DEVELOPMENT (E.G. RESIDENTIAL, COMMERCIAL, INDUSTRIAL, ETC), PLEASE PROVIDE BREAKDOWN OF THE DIFFERENT CLASSES OF DEVELOPMENT AND BREAKDOWN OF THE GROSS FLOOR AREA OF EACH CLASS OF DEVELOPMENT: Class of Development Gross floor area in m2
14. IN THE CASE OF RESIDENTIAL DEVELOPMENT PLEASE PROVIDE BREAKDOWN OF RESIDENTIAL MIX: 14. IN THE CASE OF RESIDENTIAL DEVELOPMENT PLEASE PROVIDE BREAKDOWN OF RESIDENTIAL MIX: 14. IN THE CASE OF RESIDENTIAL DEVELOPMENT PLEASE PROVIDE BREAKDOWN OF RESIDENTIAL MIX: 14. IN THE CASE OF RESIDENTIAL DEVELOPMENT PLEASE PROVIDE BREAKDOWN OF RESIDENTIAL MIX: 14. IN THE CASE OF RESIDENTIAL DEVELOPMENT PLEASE PROVIDE BREAKDOWN OF RESIDENTIAL MIX: 14. IN THE CASE OF RESIDENTIAL DEVELOPMENT PLEASE PROVIDE BREAKDOWN OF RESIDENTIAL MIX: 14. IN THE CASE OF RESIDENTIAL DEVELOPMENT PLEASE PROVIDE BREAKDOWN OF RESIDENTIAL MIX: 14. IN THE CASE OF RESIDENTIAL DEVELOPMENT PLEASE PROVIDE BREAKDOWN OF RESIDENTIAL MIX: Number of Studio 1 Bed 2 Bed 3 Bed 4 Bed 4+ Bed Total Houses Apartments Number of car-parking spaces to be provided Total:
15. WHERE THE APPLICATION REFERS TO A MATERIAL CHANGE OF USE OF ANY LAND OR STRUCTURE OR THE RETENTION OF SUCH A MATERIAL CHANGE OF USE: 15. WHERE THE APPLICATION REFERS TO A MATERIAL CHANGE OF USE OF ANY LAND OR STRUCTURE OR THE RETENTION OF SUCH A MATERIAL CHANGE OF USE: Existing use6 (or previous use where retention permission is sought) Proposed use (or use it is proposed to retain) Nature and extent of any such proposed use (or use it is proposed to retain)
16. SOCIAL AND AFFORDABLE HOUSING: 16. SOCIAL AND AFFORDABLE HOUSING: 16. SOCIAL AND AFFORDABLE HOUSING: (Please tick appropriate box) Yes No Is the application an application for permission for development to which Part V of the Planning and Development Act 2000 applies?7 If the answer to the above question is ‘yes’ and the development is not exempt (see below), you must provide, as part of your application, details as to how you propose to comply with section 96 of Part V of the Act including, for example,(i) details of such part or parts of the land which is subject to the application for permission or is or are specified by the Part V agreement, or houses situated on such aforementioned land or elsewhere in the planning authority’s functional area proposed to be transferred to the planning authority, or details of houses situated on such aforementioned land or elsewhere in the planning authority’s functional area proposed to be leased to the planning authority, or details of any combination of the foregoing, and(ii) details of the calculations and methodology for calculating values of land, site costs, normal construction and development costs and profit on those costs and other related costs such as an appropriate share of any common development works as required to comply with the provisions in Part V of the Act.If the answer to the above question is ‘yes’ but you consider the development to be exempt by virtue of section 97 of the Planning and Development Act 2000 8, a copy of the Certificate of Exemption under section 97 must be submitted (or, where an application for a certificate of exemption has been made but has not yet been decided, a copy of the application should be submitted). If the answer to the above question is ‘no’ by virtue of section 96(13) of the Planning and Development Act 2000 9, details indicating the basis on which section 96(13) is considered to apply to the development should be submitted. 17. DEVELOPMENT DETAILS: 17. DEVELOPMENT DETAILS: 17. DEVELOPMENT DETAILS: Please tick appropriate box Yes No Does the proposed development consist of work to a protected structure and/or its curtilage or proposed protected structure and/or its curtilage? Does the proposed development consist of work to the exterior of a structure which is located within an architectural conservation area (ACA)? Does the application relate to development which affects or is close to a monument or place recorded under section 12 of the National Monuments (Amendment) Act 1994 10? Does the proposed development require the preparation of an Environmental Impact Assessment Report11? Does the application relate to work within or close to a European Site (under S.I. No. 94 of 1997 ) or a Natural Heritage Area12? Does the application relate to a development which comprises or is for the purposes of an activity requiring an integrated pollution prevention and control licence? Does the application relate to a development which comprises or is for the purposes of an activity requiring a waste licence? Do the Major Accident Regulations apply to the proposed development? Does the application relate to a development in a Strategic Development Zone? Does the proposed development involve the demolition of any structure?
18. SITE HISTORY: Details regarding site history (if known) Has the site in question ever, to your knowledge, been flooded?Yes [ ] No [ ]If yes, please give details e.g. year, extent.Are you aware of previous uses of the site e.g. dumping or quarrying?Yes [ ] No [ ]If yes, please give details. Are you aware of any valid planning applications previously made in respect of this land/structure? Yes [ ] No [ ]If yes, please state planning reference number(s) and the date(s) of receipt of the planning application(s) by the planning authority if known: Reference No.: ........................................................ Date: ............................If a valid planning application has been made in respect of this land or structure in the 6 months prior to the submission of this application, then the site notice must be on a yellow background in accordance with article 19(4) of the Planning and Development Regulations 2001 as amended. Is the site of the proposal subject to a current appeal to An Bord Pleanála in respect of a similar development 13? Yes [ ] No [ ]An Bord Pleanála Reference No.: ....................................
19. PRE-APPLICATION CONSULTATION: Has a pre-application consultation taken place in relation to the proposed development14? Yes [ ] No [ ]If yes, please give details:Reference No. (if any): ................................................Date(s) of consultation: .........../............................../..........Persons involved: .....................................................................................
20. SERVICES: Proposed Source of Water Supply Existing connection [ ] New connection [ ]Public Mains [ ] Group Water Scheme [ ] Private Well [ ]Other (please specify): ....................................................................Name of Group Water Scheme (where applicable): ...................................................... Proposed Wastewater Management/Treatment Existing [ ] New [ ]Public Sewer [ ] Conventional septic tank system [ ]Other on-site treatment system [ ] Please specify..................................................... Proposed Surface Water Disposal Public Sewer/Drain [ ] Soakpit [ ]Watercourse [ ] Other [ ] Please specify...........................................................
21. DETAILS OF PUBLIC NOTICE: 21. DETAILS OF PUBLIC NOTICE: Approved newspaper15 in which notice was published Date of publication Date on which site notice was erected
22. APPLICATION FEE: 22. APPLICATION FEE: Fee Payable Basis of Calculation
23. DECLARATION: 23. DECLARATION: I hereby declare that, to the best of my knowledge and belief, the information given in this form is correct and accurate and fully compliant with the Planning & Development Act 2000, as amended, and the Regulations made thereunder. I hereby declare that, to the best of my knowledge and belief, the information given in this form is correct and accurate and fully compliant with the Planning & Development Act 2000, as amended, and the Regulations made thereunder. Signed(Applicant or Agent as appropriate) Date CONTACT DETAILS — NOT TO BE PUBLISHED
24. APPLICANT ADDRESS/CONTACT DETAILS: 24. APPLICANT ADDRESS/CONTACT DETAILS: Address Email address Telephone number (optional)
25. AGENT’S (IF ANY) ADDRESS/CONTACT DETAILS: 25. AGENT’S (IF ANY) ADDRESS/CONTACT DETAILS: Address Email address Telephone number (optional) Should all correspondence be sent to the agent’s address (where applicable)? Please tick appropriate box. (Please note that if the answer is ‘No’, all correspondence will be sent to the applicant’s address) Yes [ ] No [ ] Should all correspondence be sent to the agent’s address (where applicable)? Please tick appropriate box. (Please note that if the answer is ‘No’, all correspondence will be sent to the applicant’s address) Yes [ ] No [ ] A contact address must be given, whether that of the applicant or that of the agent.
This form should be accompanied by the following documentation:
Please note that if the appropriate documentation is not included, your application will be deemed invalid.
ALL Planning Applications
□ The relevant page of newspaper that contains notice of your application
□ A copy of the site notice
□ 6 copies of site location map16
□ 6 copies of site or layout plan16+17
□ 6 copies of plans and other particulars required to describe the works to which the development relates (include detailed drawings of floor plans, elevations and sections — except in the case of outline permission)
□ The appropriate Planning Fee
Where the applicant is not the legal owner of the land or structure in question:
□ The written consent of the owner to make the application
Where the application is for residential development that is subject to Part V of the 2000 Act:
□ Details of the manner in which it is proposed to comply with section 96 of Part V of the Act including, for example,
(i) details of such part or parts of the land which is subject to the application for permission or is or are specified by the Part V agreement, or houses situated on such aforementioned land or elsewhere in the planning authority’s functional area proposed to be transferred to the planning authority, or details of houses situated on such aforementioned land or elsewhere in the planning authority’s functional area proposed to be leased to the planning authority, or details of any combination of the foregoing, and
(ii) details of the calculations and methodology for calculating values of land, site costs, normal construction and development costs and profit on those costs and other related costs such as an appropriate share of any common development works as required to comply with the provisions in Part V of the Act.
or
□ A certificate of exemption from the requirements of Part V
or
□ A copy of the application submitted for a certificate of exemption.
Where the application is for residential development that is not subject to Part V of the 2000 Act by virtue of section 96(13) of the Act:
□ Information setting out the basis on which section 96(13) is considered to apply to the development.
Where the disposal of wastewater for the proposed development is other than to a public sewer:
□ Information on the on-site treatment system proposed and evidence as to the suitability of the site for the system proposed.
Where the application refers to a protected structure/ proposed protected structure/ or the exterior of a structure which is located within an architectural conservation area (ACA):
□ Photographs, plans and other particulars necessary to show how the development would affect the character of the structure.
Applications that refer to a material change of use or retention of such a material change of use:
□ Plans (including a site or layout plan and drawings of floor plans, elevations and sections which comply with the requirements of article 23) and other particulars required describing the works proposed.
Where an application requires an Environmental Impact Assessment Report:
□ An Environmental Impact Assessment Report, and
□ A copy of the confirmation notice received from the EIA portal in accordance with article 97B(2) of the permission regulations
Applications that are exempt from planning fees:
□ Proof of eligibility for exemption18
Directions for completing this form
Grid reference in terms of the Irish Transverse Mercator.
‘The applicant’ means the person seeking the planning permission, not an agent acting on his or her behalf.
Where the plans have been drawn up by a firm/company the name of the person primarily responsible for the preparation of the drawings and plans, on behalf of that firm/company, should be given.
A brief description of the nature and extent of the development, including reference to the number and height of buildings, protected structures, etc.
Gross floor space means the area ascertained by the internal measurement of the floor space on each floor of a building, that is, floor areas must be measured from inside the external wall.
Where the existing land or structure is not in use please state most recent authorised use of the land or structure.
Part V of the Planning and Development Act 2000 applies where—
• the land is zoned for residential use or for a mixture of residential and other uses,
• there is an objective in the Development Plan for the area for a percentage of the land to be made available for social and/or affordable housing, and
• the proposed development is not exempt from Part V.
Under section 97 of the Planning and Development Act 2000 , applications involving development of 9 or fewer houses or development on land of less than 0.1 hectare may be exempt from Part V.
Under section 96 (13) of the Planning and Development Act 2000 , Part V does not apply to certain housing developments by approved voluntary housing bodies, certain conversions, the carrying out of works to an existing house or the development of houses under an agreement made under section 96 of the Act.
The Record of Monuments and Places, under section 12 of the National Monuments Amendment Act 1994, is available, for each county, in the local authorities and public libraries in that county. Please note also that if the proposed development affects or is close to a national monument which, under the National Monuments Acts 1930 to 2004, is in the ownership or guardianship of the Minister for Culture, Heritage and the Gaeltacht or a local authority, or is the subject of a preservation order or a temporary preservation order, a separate statutory consent is required, under the National Monuments Acts, from the Minister for Culture, Heritage and the Gaeltacht. For information on whether national monuments are in the ownership or guardianship of the Minister for Culture, Heritage and the Gaeltacht or a local authority or are the subject of preservation orders, contact the National Monuments Section, Department of Culture, Heritage and the Gaeltacht.
An Environmental Impact Assessment Report (EIAR) and the confirmation notice from the EIA portal are required to accompany a planning application for development of a class set out in Schedule 5 of the Planning and Development Regulations 2001-2018 which equals or exceeds, as the case may be, a limit, quantity or threshold set for that class of development. An EIAR and confirmation notice from the EIA portal will also be required by the planning authority in respect of sub-threshold development where the authority considers that the development would be likely to have significant effects on the environment (article 103).
An appropriate assessment of proposed developments is required in cases where it cannot be excluded that the proposed development would have a significant effect on a European site. It is the responsibility of the planning authority to screen proposed developments to determine whether an appropriate assessment is required and where the authority determines that an appropriate assessment is required, the authority will normally require the applicant to submit a Natura impact statement (NIS). Where the applicant considers that the proposed development is likely to have a significant effect on a European site it is open to him/her to submit a NIS with the planning application.
The appeal must be determined or withdrawn before another similar application can be made.
A formal pre-application consultation may only occur under Section 247 of the Planning and Development Act 2000 . An applicant should contact his or her planning authority if he/she wishes to avail of a pre-application consultation. In the case of residential development to which Part V of the 2000 Act applies, applicants are advised to avail of the pre-application consultation facility in order to ensure that a Part V agreement in principle can be reached in advance of the planning application being submitted.
The list of approved newspapers, for the purpose of giving notice of intention to make a planning application, is available from the planning authority to which the application will be submitted.
All plans, drawings and maps submitted to the planning authority should be in accordance with the requirements of the Planning and Development Regulations 2001-2018.
The location of the site notice(s) should be shown on the site location map.
See Schedule 9 of the Planning and Development Regulations 2001. If a reduced fee is tendered, details of previous relevant payments and planning permissions should be given. If exemption from payment of fees is being claimed under article 157 of the 2001 Regulations, evidence to prove eligibility for exemption should be submitted.”.
SCHEDULE 6
This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.
This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence.
Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.