Legalize / Ireland / Act

Planning and Development Act 2024

Type Act

Publication 2024-10-17

Last updated 2025-12-31

State In force

Source Irish Statute Book

articles 637

Reform history JSON API

(ii) consult the Office in relation to the statement.

(8) The Minister may, for the purpose of performing his or her functions under subsection (9) and (10), consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government.

(9) The Minister shall, after—

(a) having considered a statement submitted under subsection (2) or a statement prepared by him or her under subsection (3), and

(b) having taken account of any submissions in relation to such statement received pursuant to an invitation under subsection (7),

come to a conclusion in relation to the relevant plan concerned as to whether or not—

(i) there is an absence of alternative solutions to the relevant plan,

(ii) imperative reasons of overriding public interest exist, or may, subject to the opinion of the European Commission, exist for the making of the relevant plan, and

(iii) the compensatory measures proposed by the competent authority are adequate to ensure that the overall coherence of the Natura 2000 network is protected.

(10) The Minister may—

(a) after having considered—

(i) a statement submitted under subsection (2) or prepared by him or her under subsection (3), and

(ii) any submissions in relation to such statement received pursuant to an invitation under subsection (7),

and

(b) if satisfied that—

(i) there is an absence of alternative solutions to the relevant plan, and

(ii) the compensatory measures proposed by the competent authority are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

request the European Commission to provide him or her with its opinion as to whether or not other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive exist in relation to the relevant plan concerned.

(11) A relevant plan shall not be made under Part 3—

(a) unless the Minister has concluded that—

(i) there is an absence of alternative solutions to the relevant plan, and

(ii) imperative reasons of overriding public interest—

(I) relating to human health or public safety, or

(II) that the relevant plan will have beneficial consequences of primary importance to the environment,

exist for the making of the relevant plan, and

(iii) compensatory measures proposed by the competent authority are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

(b) unless—

(i) the Minister has concluded that—

(I) compensatory measures proposed by the competent authority are adequate to ensure that the overall coherence of the Natura 2000 network is protected, and

(II) the competent authority is satisfied that there is an absence of alternative solutions to the relevant plan,

and

(ii) the Minister has received an opinion from the European Commission (pursuant to a request under subsection (10)) that states that it is satisfied that other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive exist for the making of the relevant plan.

(12) (a) If a plan is made consequent upon the Minister’s coming to the conclusion referred to in paragraph (a) of subsection (11), the person making the plan shall implement, or cause the implementation of, the compensatory measures to which subparagraph (iii) of the said paragraph (a) applies.

(b) If a plan is made consequent upon—

(i) the Minister’s coming to the conclusion referred to in subparagraph (i) of paragraph (b) of subsection (11), and

(ii) the receipt by the Minister of an opinion referred to in subparagraph (ii) of the said paragraph (b),

the person making the plan shall implement, or cause the implementation of, the compensatory measures to which clause (I) of the said subparagraph (i) applies.

(13) The Minister shall, as soon as may be after the making of a plan consequent upon his or her coming to a conclusion referred to in subsection (11), inform the European Commission of the compensatory measures required to be implemented in relation to that plan in accordance with paragraph (a) or (b) of subsection (12).

(14) When giving notice under Part 3 of a decision as to whether or not to make a relevant plan, a competent authority shall—

(a) publish a copy of the Minister’s conclusion under subsection (9) on an internet website maintained by or on behalf of the competent authority,

(b) publish a copy of the opinion of the European Commission received by the Minister pursuant to any request under subsection (11), and

(c) notify, in writing, any person who made a submission pursuant to an invitation under subsection (7) of the contents of that conclusion and any such opinion.

Chapter 3

208. Interpretation

208. (1) In this section—

“competent authority” means—

(a) in relation to relevant development for which permission is required under Chapter 3 of Part 4, the planning authority to which an application for such permission is required to be made,

(b) in relation to relevant development in respect of which a decision—

(i) under section 98 has been made, and

(ii) that is appealed or appealable under section 103,

the Commission,

(d) in relation to development for which retrospective consent is required under Chapter 4 of Part 4, the Commission,

(e) in relation to a request for an alteration of the terms or extension of the duration of a permission under subsection (1) of section 140, the deciding authority to which the request under section 140> is made or, where a decision under section 143 in respect of the request is appealed under subsection (7) of section 143, the Commission,

(f) for the purpose of carrying out a screening for appropriate assessment of a relevant development (other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140) consisting of local authority development, the local authority concerned,

(g) for the purpose of carrying out a screening for appropriate assessment of a relevant development (other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140) consisting of State authority development, the State authority concerned,

(h) in relation to relevant development (other than development in respect of which an application for retrospective consent has been made) in respect of which a request under section 10 is made, the planning authority to which the request is made, and

(i) in relation to relevant development (other than development in respect of which an application for retrospective consent has been made) in respect of which an appeal under section 10 is brought, the Commission;

“screening for appropriate assessment” means, in relation to a relevant development, an assessment carried out in accordance with section 212, 213 or 214.

(2) A word or expression that is used in this Chapter and in the Habitats Directive has the meaning in this Chapter that it has in that directive.

(3) A word or expression that is used in this Chapter and in the Birds Directive has the meaning in this Chapter that it has in that directive.

(4) This Chapter shall be construed in accordance with the Habitats Directive and the Birds Directive.

209. Performance of functions by competent authority

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

210. Purpose of Chapter

210. The purpose of this Chapter is to give effect to the State’s obligations under paragraphs 3 and 4 of Article 6 of the Habitats Directive in relation to development and proposed development.

211. Prohibition on grant of permission except in certain circumstances

211. The competent authority shall not grant permission unless—

(a) the competent authority has made a determination under subsection (6) of section 212 that an appropriate assessment is not required,

(b) the competent authority has made a determination under subsection (5) of section 213, or the Commission has made a determination under subsection (11) of that section, that an appropriate assessment is not required,

(c) the competent authority has carried out an appropriate assessment and has made a determination under paragraph (a) of subsection (6) of section 217—

(i) in the case of an application for permission for proposed development under Chapter 3 or 4 of Part 4, that the proposed development will not adversely affect the integrity of a European site,

(ii) in the case of an application for retrospective consent under Chapter 4 of Part 4, that the development—

(I) has not adversely affected,

(II) is not adversely affecting, and

(III) will not adversely affect,

the integrity of a European site, or

(iii) in the case of a request under Chapter 5 of Part 4 that is a material alteration request (within the meaning of the said Chapter 5), that the material alteration will not adversely affect the integrity of a European site,

(d) the Minister has issued a notice under subsection (10) of section 219 or subsection (12) or (14) of section 221.

212. Screening for appropriate assessment of relevant development

212. (1) The competent authority shall carry out a screening for appropriate assessment of a relevant development (other than local authority development or State authority development)—

(a) for which an application for permission for relevant development is made, and

(b) that is not directly connected with, or necessary for, the management of a European site,

for the purpose of determining whether or not—

(i) in the case of proposed development in respect of which an application for permission under Chapter 3 or 4 of Part 4 is made, the proposed development (either individually or in combination with any plan or other project) is likely to have a significant effect on a European site having regard to the conservation objectives of that European site, or

(ii) in the case of development in respect of which an application for retention permission under Chapter 3 of Part 4 is made, the development (either individually or in combination with any plan or other project) has had, is having or is likely to have a significant effect on a European site having regard to the conservation objectives of that European site.

(2) The competent authority shall carry out a screening for appropriate assessment of a relevant development—

(a) consisting of—

(i) an alteration of the terms, or extension of duration, of a permission for development (other than local authority development or State authority development) requested under subsection (1) of section 140, or

(ii) an alteration of the terms, or extension of duration, of a permission for local authority development or State authority development requested under subsection (1) of section 140,

and

(b) that is not directly connected with, or necessary for, the management of a European site,

for the purpose of determining whether or not the alteration or extension (either individually or in combination with any plan or other project) is likely to have a significant effect on a European site having regard to the conservation objectives of that European site.

(3) For the purpose of carrying out a screening for appropriate assessment under this section, the competent authority may—

(a) request such information or such further information or clarification from the applicant for permission as it considers necessary to enable it to carry out that screening, or

(b) consult with such persons as the competent authority considers appropriate,

and the competent authority may make more than one request under paragraph (a).

(4) Where the applicant for permission does not provide the competent authority with the information requested under paragraph (a) of subsection (3)—

(a) within such period as may be specified in the request, or,

(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

the application for permission shall be deemed to have been withdrawn.

(5) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority makes a determination that—

(a) a relevant development (either individually or in combination with any plan or other project) has had, or is having, significant effects on a European site, or

(b) the likelihood of a relevant development (either individually or in combination with any plan or other project) having significant effects on a European site cannot be excluded,

the competent authority shall, before determining the application for permission for that relevant development, carry out an appropriate assessment of the relevant development in accordance with section 217.

(6) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority—

(a) makes a determination in relation to relevant development to which paragraph (ii) of subsection (1) applies that—

(i) the relevant development (either individually or in combination with any plan or other project) has not had, and is not having, significant effects on a European site, and

(ii) the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site can be excluded,

(b) makes a determination in relation to relevant development (other than relevant development referred to in paragraph (a)) that the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site can be excluded,

an appropriate assessment of the relevant development concerned shall not be required.

(7) Notwithstanding a determination under subsection (6), a competent authority may, at any time following the making of the application for permission concerned, determine that the carrying out of an appropriate assessment of the relevant development concerned in accordance with section 217 is required before the competent authority determines the application, but only where, subsequent to the making of the determination under subsection (6), it has formed the view that—

(a) the relevant development (either individually or in combination with any plan or other project) has had, or is having, significant effects on a European site, or

(b) the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site cannot be excluded.

(8) Where the competent authority makes a determination under subsection (7) it shall carry out an appropriate assessment of the relevant development concerned in accordance with section 217.

(9) (a) Where a competent authority makes a determination under subsection (5) or (7), it shall give a notice to the applicant for permission requiring him or her to provide the competent authority with a Natura impact statement in relation to the relevant development concerned within—

(i) such period as is specified in the notice, or

(ii) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission.

(b) Where an applicant for permission to whom a notice is given under paragraph (a) fails to comply with a requirement of the notice, the application for permission concerned shall be deemed to be withdrawn.

(c) Paragraph (a) shall not apply where the application for permission for the relevant development concerned was accompanied by a Natura impact statement.

(10) A competent authority shall, as soon as may be after making a decision under Part 4 in relation to an application for permission—

(a) give notice of any determination under this section (including the reasons for the determination) to—

(i) the applicant,

(ii) any person who made a submission in accordance with section 97 or 105 or in the course of a consultation under paragraph (b) of subsection (3), and

(iii) where applicable, any party to an appeal from a decision in relation to the application for permission,

(b) make available for inspection (free of charge) by members of the public at its offices during normal office hours any determination (including the reasons for the determination) made under this section, and

(c) publish a notice of any determination (including the reasons for the determination) under this section on an internet website maintained by or on behalf of the competent authority.

213. Screening for appropriate assessment of local authority development and State authority development

213. (1) The competent authority shall carry out a screening for appropriate assessment of a relevant development—

(a) consisting of local authority development, and

(b) that is not directly connected with, or necessary for, the management of a European site,

for the purpose of determining whether or not—

(i) in the case of proposed development, the proposed development (either individually or in combination with any plan or other project) is likely to have a significant effect on a European site having regard to the conservation objectives of that European site, or

(ii) in the case of development already carried out, the development (either individually or in combination with any plan or other project) has had, is having or is likely to have a significant effect on a European site having regard to the conservation objectives of that European site.

(2) The competent authority shall carry out a screening for appropriate assessment of relevant development—

(a) consisting of State authority development, and

(b) that is not directly connected with, or necessary for, the management of a European site,

for the purpose of determining whether or not—

(3) For the purpose of carrying out a screening for appropriate assessment under this section, the competent authority may consult with such persons as the competent authority considers appropriate.

(4) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority makes a determination that—

(a) a relevant development (either individually or in combination with any plan or other project) has had, or is having, significant effects on a European site, or

(b) the likelihood of a relevant development (either individually or in combination with any plan or other project) having significant effects on a European site cannot be excluded,

the following provisions shall apply:

(i) an appropriate assessment of the relevant development in accordance with section 217 shall be required; and

(ii) an application for permission for the relevant development shall be made under Chapter 4 of Part 4 by the local authority or State authority concerned.

(5) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority—

(a) makes a determination in relation to relevant development to which paragraph (i) of subsection (1) or paragraph (i) of subsection (2) applies that the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site can be excluded, or

(b) makes a determination in relation to relevant development to which paragraph (ii) of subsection (1) or paragraph (ii) of subsection (2) applies that—

(i) the relevant development (either individually or in combination with any plan or other project) has not had, and is not having, significant effects on a European site, and

(ii) the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site can be excluded,

then, subject to any determination of the Commission referred to in subsection (10), an appropriate assessment of the relevant development concerned shall not be required.

(6) A competent authority shall, as soon as may be after making a determination under this section—

(a) give notice of the determination (including the reasons for the determination) to any person who made submissions, or provided information, to the competent authority during the course of a consultation under subsection (3),

(b) make the determination (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(c) publish a notice of the determination (including the reasons for the determination) on an internet website maintained by or on behalf of the competent authority.

(7) The competent authority shall, not later than 3 days after the making of a determination under this section, comply with subsection (6).

(8) Where the competent authority makes a determination under this section that an appropriate assessment is not required, any person may, not later than 4 weeks from the date of the publication of a notice in accordance with paragraph (c) of subsection (6), appeal that determination to the Commission.

(9) Where the Commission receives a notice of appeal from a determination of the competent authority under this section, it shall—

(a) carry out a screening for appropriate assessment of the relevant development concerned, and

(b) make a determination as to whether or not—

(i) the relevant development (either individually or in combination with any plan or other project) has had, or is having, significant effects on a European site, or

(ii) the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site can be excluded.

(10) Where, on the basis of a screening for appropriate assessment carried out under this section, the Commission makes a determination that—

(a) a relevant development (either individually or in combination with any plan or other project) has had, or is having, significant effects on a European site, or

(b) the likelihood of a relevant development (either individually or in combination with any plan or other project) having significant effects on a European site cannot be excluded,

the following provisions shall apply:

(i) an appropriate assessment of the relevant development concerned in accordance with section 217 shall be required; and

(ii) an application for permission for the relevant development shall be made under Chapter 4 of Part 4 by the local authority or State authority concerned.

(11) Where, on the basis of a screening for appropriate assessment carried out under this section, the Commission—

(a) makes a determination in relation to relevant development to which paragraph (i) of subsection (1) or paragraph (i) of subsection (2) applies, that the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site can be excluded, or

(b) makes a determination in relation to relevant development to which paragraph (ii) of subsection (1) or paragraph (ii) of subsection (2) applies, that—

(i) the relevant development (either individually or in combination with any plan or other project) has not had, and is not having, significant effects on a European site, and

(ii) the likelihood of the relevant development (either individually or in combination with any plan or other project) having significant effects on a European site can be excluded,

an appropriate assessment of the relevant development concerned shall not be required.

(12) The Commission shall—

(a) give notice of a determination (including the reasons for the determination) under subsection (9) to the local authority or State authority concerned,

(b) give notice of the determination (including the reasons for the determination) to any person who made submissions, or provided information, to the competent authority during the course of a consultation under subsection (3),

(c) make the determination (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(d) publish a notice of the determination (including the reasons for the determination) on an internet website maintained by or on behalf of the competent authority.

(13) (a) The officers or members of staff of a local authority or State authority performing, or who have performed, any functions (other than functions under this Chapter)—

(i) in relation to the formulation of the proposal to carry out the relevant development concerned, or

(ii) otherwise in relation to the relevant development (including the facilitating of the development),

shall not carry out a screening for appropriate assessment of the development under this section.

(b) The officers or members of staff of a local authority or State authority carrying out a screening for appropriate assessment of a relevant development under this section shall not, in relation to the carrying out of such screening, be subject to the direction, control or supervision (direct or indirect) of any officer or member of staff of the local authority or State authority, as the case may be, who performs or has performed any function (other than a function under this Chapter)—

(i) in relation to the formulation of the proposal to carry out the relevant development concerned, or

(ii) otherwise in relation to the relevant development (including the facilitating of the development).

“local authority” means a local authority that—

(i) has carried out or proposes to carry out a relevant development, and

(ii) is the competent authority for the purposes of the carrying out of a screening for appropriate assessment of that relevant development under this section;

“State authority” means a State authority that—

(i) has carried out or proposes to carry out a relevant development, and

(ii) is the competent authority for the purposes of the carrying out of a screening for appropriate assessment of that relevant development under this section.

(14) The Minister may make regulations for the purpose of this section, including regulations—

(a) specifying the criteria for making a determination under this section in relation to local authority housing development within the meaning of section 161, and

(b) relating to the making of requests by the competent authority or Commission for information from a local authority or State authority for the purpose of the performance by the competent authority or the Commission of its functions under this section.

214. Screening for appropriate assessment for purposes of determining if development is exempted development

214. (1) The competent authority shall carry out a screening for appropriate assessment of a relevant development—

(a) in respect of which—

(i) a request under section 10 is made for a declaration on the question of whether or not relevant development is exempted development, or

(ii) an appeal against any such declaration is brought,

and

(b) that is not directly connected with, or necessary for, the management of a European site,

for the purpose of determining whether or not—

(i) in the case of proposed development in respect of which a request or an appeal referred to in paragraph (a) is made or brought, the proposed development (either individually or in combination with any plan or other project) is likely to have a significant effect on a European site having regard to the conservation objectives of that European site, or

(ii) in the case of development in respect of which a request or an appeal referred to in paragraph (a) is made, the development (either individually or in combination with any plan or other project) has had, is having or is likely to have a significant effect on a European site having regard to the conservation objectives of that European site.

(2) For the purpose of performing its functions under this section, the competent authority may—

(a) require—

(i) the person who made the request under section 10,

(ii) any person who brought an appeal under section 10, or

(iii) any other person as the competent authority considers appropriate,

to provide the competent authority with such information as it considers necessary to enable it to carry out the screening of the development for appropriate assessment, or

(b) consult with such persons as the competent authority considers appropriate.

(3) Where a person referred to in subparagraph (i) of paragraph (a) of subsection (2) fails to comply with a requirement under that subsection—

(a) within such period as may be specified in the requirement, or

(b) within such further period as the competent authority may subsequently agree to at the request of that person,

the request under section 10 shall be deemed to have been withdrawn.

(4) Where a person referred to in subparagraph (ii) of paragraph (a) of subsection (2) fails to comply with a requirement under that subsection—

(a) within such period as may be specified in the requirement, or

(b) within such further period as the competent authority may subsequently agree to, at the request of that person,

the appeal under section 10 shall be deemed to have been withdrawn.

(5) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority makes a determination that—

(a) a relevant development (either individually or in combination with any plan or other project) has had, or is having, significant effects on a European site, or

(b) the likelihood of a relevant development (either individually or in combination with any plan or other project) having significant effects on a European site cannot be excluded,

the relevant development shall not be exempted development and an appropriate assessment of the relevant development shall be required.

(6) The competent authority shall, as soon as may be after making a determination under this section—

(a) give notice of the determination (including the reasons for the determination) to—

(i) the person who made the request under section 10, and

(ii) the parties to any appeal under section 10 from a declaration under that section in relation to the request,

(b) make the determination (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

215. Natura impact statement

215. (1) An applicant for permission may prepare, and submit to the competent authority with his or her application for permission, a Natura impact statement in relation to a relevant development to which that application relates.

(2) A Natura impact statement prepared under subsection (1) or pursuant to a requirement in a notice under subsection (9) of section 212 shall—

(a) be prepared by a person with the necessary scientific competence to do so,

(b) specify all of the habitat types and species—

(i) for which the relevant European site is designated, and

(ii) in relation to which the likelihood of significant effects arising from the relevant development cannot be excluded,

(i) identify all potential significant effects of the relevant development on the European site, whether such effects arise from the relevant development itself or the relevant development in combination with any plan or other project, and

(ii) assess the effects identified in accordance with subparagraph (i) and the implications of the relevant development for the European site,

(d) identify any measures proposed to be taken for the purposes of avoiding or reducing any adverse effects (identified in accordance with paragraph (c)) of the relevant development on the European site,

(e) having regard to the matters identified and assessments made in accordance with paragraphs (b), (c) and (d)—

(i) conclude, in the case of an application for proposed development under Chapter 3 or 4 of Part 4, either—

(I) that the proposed development will adversely affect the integrity of a European site, or

(II) that the proposed development will not adversely affect the integrity of a European site,

(ii) conclude, in the case of development in respect of which an application for retrospective consent is made under Chapter 4 of Part 4—

(I) either—

(A) that the development has adversely affected the integrity of a European site, or

(B) that the development has not adversely affected the integrity of a European site,

(II) either—

(A) that the development is adversely affecting the integrity of a European site, or

(B) that the development is not adversely affecting the integrity of a European site,

and

(III) either—

(A) that the development will adversely affect the integrity of a European site, or

(B) that the development will not adversely affect the integrity of a European site,

(iii) conclude, in the case of a request under subsection (1) of section 140 for an alteration of the terms or extension of the duration of a permission, either—

(I) that the proposed alteration or extension will adversely affect the integrity of a European site, or

(II) that the proposed alteration or extension will not adversely affect the integrity of a European site,

and

(f) include such other information as may be prescribed.

(3) A Natura impact statement included with an application for permission for a relevant development that concludes—

(a) in the case of an application for proposed development under Chapter 3 or 4 of Part 4, that the proposed development concerned may adversely affect the integrity of a European site,

(b) in the case of development in respect of which an application for retrospective consent is made under Chapter 4 of Part 4, that the development has adversely affected, is adversely affecting or may adversely affect the integrity of a European site, or

(c) in the case of a request under subsection (1) of section 140 for an alteration of the terms or extension of the duration of a permission, that the proposed alteration or extension may adversely affect the integrity of a European site,

may be accompanied by a request (set out in a document separate from the Natura impact statement) in writing that the competent authority submit a statement to the Minister under subsection (7) of section 219 or subsection (7) of section 221, in relation to the development, proposed development or alteration or extension concerned.

(4) A request under subsection (3) shall contain an explanation of—

(a) the reasons why the applicant for permission believes that—

(i) there are no alternative solutions to the relevant development, and

(ii) there are imperative reasons of overriding public interest (within the meaning of section 219 or 221) for—

(I) the carrying out of the relevant development, or

(II) in the case of development in respect of which an application for retrospective consent is made under Chapter 4 of Part 4, for the retention of the development,

(b) the compensatory measures that the applicant for permission will take for the purpose of ensuring that the overall coherence of the Natura 2000 network is protected.

(5) A request under subsection (3) (including the explanation that it contains in accordance with subsection (4)) and any submissions made in respect of that request pursuant to an invitation under subsection (3) of section 216, shall not be considered by the competent authority unless and until it has made a determination under paragraph (a) of subsection (7) of section 217 that a reasonable scientific doubt exists as to the absence of adverse effects of the relevant development on the integrity of a European site.

216. Consultation on Natura impact statement

216. (1) Where a Natura impact statement has been received by the competent authority, it shall—

(a) publish the Natura impact statement and the application for permission concerned on an internet website maintained by it or on its behalf,

(b) publish any request referred to in subsection (3) of section 215 and the explanation in accordance with subsection (4) of that section on such internet website,

(c) make the Natura impact statement available for inspection (free of charge) at its offices by members of the public during normal office hours, and

(d) publish a notice on that website—

(i) specifying the times and places at which, and the period during which, a copy of that Natura impact statement and any request and explanation referred to in paragraph (b) may be inspected,

(ii) inviting submissions by members of the public with respect to the implications of the relevant development for any European site having regard to the conservation objectives relating to that site, and

(iii) specifying the period during which, and the manner in which, such submissions may be made.

(2) The competent authority shall—

(a) send a copy of the application for permission for the relevant development and the Natura impact statement to—

(i) such persons as are required to be consulted under Part 4 in relation to the application for permission, and

(ii) such other person or persons (if any) as may be prescribed,

and

(b) invite each such person to make, during the period referred to in subparagraph (iii) of paragraph (d) of subsection (1), submissions with respect to the implications of the relevant development for a European site having regard to the conservation objectives relating to that site.

(3) Where a Natura impact statement includes a request referred to in subsection (3) of section 215 containing an explanation in accordance with subsection (4) of that section—

(a) the notice published under paragraph (d) of subsection (1) shall include—

(i) a statement to that effect,

(ii) an invitation to members of the public—

(I) to make submissions to the competent authority in relation to that explanation, and

(II) specifying the period during which, and the manner in which, such submissions may be made,

and

(iii) a statement to the effect that the request (including the explanation that it contains in accordance with the said subsection (4)) and any submissions made pursuant to an invitation under subparagraph (ii) shall not be considered by the competent authority unless and until it has made a determination under paragraph (a) of subsection (7) of section 217 that a reasonable scientific doubt exists as to the absence of adverse effects of the relevant development on the integrity of a European site,

and

(b) the competent authority shall—

(i) send a copy of that notice to such persons (if any) as may be prescribed for the purposes of this paragraph, and

(ii) invite each such person to make submissions to the competent authority in relation to that explanation within the period and in the manner specified under clause (II) of subparagraph (ii) of paragraph (a).

(4) (a) Where a competent authority is required by this Part to give notice to any person of, or in relation to, any matter, neither this Part nor Part 4 shall be construed as preventing the competent authority from using that notice to comply with a requirement under Part 4 to give notice to that person of, or in relation to, any other matter.

(b) Where a competent authority is required by this Part to publish any information or material, neither this Part nor Part 4 shall be construed as preventing the competent authority from publishing, with that information or material, any information or material that the competent authority is required to publish under Part 4.

217. Appropriate assessment of relevant development

217. (1) Prior to deciding whether or not to grant permission, the competent authority shall carry out an appropriate assessment of a relevant development to which a determination under subsection (5) or (7) of section 212 applies.

(2) For the purpose of carrying out an appropriate assessment under this section, the competent authority may—

(a) request such information (including a revised Natura impact statement) or such further information or clarification from the applicant for permission as it considers necessary to enable it to carry out that assessment, or

(b) consult with such persons as the competent authority considers appropriate,

and the competent authority may make more than one request under paragraph (a).

(3) Where the applicant for permission does not provide the competent authority with the information requested under paragraph (a) of subsection (2) within—

(a) such period as is specified in the request under that paragraph, or

(b) any further period (commencing on the expiration of the first-mentioned period) to which the competent authority may, at the request of the applicant, agree,

the application for permission shall be deemed to have been withdrawn.

(4) The competent authority shall take into account each of the following when carrying out an appropriate assessment under this section:

(a) the Natura impact statement (but not any request or explanation referred to in subsection (3) or (4) of section 215);

(b) any information obtained by the competent authority pursuant to a request under paragraph (a) of subsection (2);

(c) the results of any consultation carried out by the competent authority in accordance with paragraph (b) of subsection (2);

(d) any written submissions made to the competent authority pursuant to an invitation under subsection (1) or (2) of section 216;

(e) any other information that the competent authority considers relevant.

(5) When carrying out an appropriate assessment, the competent authority shall, based on the best scientific knowledge and having regard to the conservation objectives relating to the European site concerned—

(a) identify all likely significant effects of the relevant development on the site,

(b) assess the extent of those effects and their implications for the site,

(i) proposed by the applicant for permission, or

(ii) that the competent authority considers it appropriate to require the applicant to take in accordance with a condition attached to any subsequent grant of permission,

to avoid or reduce potential effects to the site, and

(d) having regard to—

(i) the matters identified and assessments made in accordance with paragraphs (a) and (b), and

(ii) the effectiveness of any measures referred to in paragraph (c),

make a determination as to whether or not any reasonable scientific doubt exists as to the absence of adverse effects on the integrity of any European site.

(6) (a) Where, on the basis of an appropriate assessment under this section, the competent authority concludes that no reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site it shall make a determination to that effect.

(b) Where a competent authority makes a determination under paragraph (a), it may grant permission for the relevant development concerned in accordance with Part 4.

(c) Where a determination under paragraph (a) is based wholly or partly on the implementation of measures referred to in paragraph (c) of subsection (5), the competent authority shall attach a condition to the grant of permission concerned requiring that those measures be implemented.

(7) (a) Where, on the basis of an appropriate assessment under this section, the competent authority concludes that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site it shall make a determination to that effect.

(b) Where a competent authority makes a determination under paragraph (a), it shall, subject to sections 219 and 221, refuse to grant permission under Part 4 for the relevant development concerned.

(8) The competent authority shall, as soon as may be after making a decision under Part 4 in relation to an application for permission—

(a) give notice of a determination under this section (including the reasons for the determination) to—

(i) the applicant for permission,

(ii) any person who made submissions to the competent authority in relation to the application for permission concerned, and

(iii) where applicable, any party to an appeal of a decision in relation to an application for such permission,

(b) make a determination under this section (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(c) publish a determination under this section (including the reasons for the determination) on an internet website maintained by it or on its behalf.

218. Additional provisions applicable to application in connection with development already carried out

218. (1) In carrying out a screening for appropriate assessment under section 212 in relation to development, a competent authority shall take account of any significant effects on a European site that—

(a) have occurred,

(b) are occurring, or

by reason of the development’s having already been carried out.

(2) A Natura impact statement prepared in accordance with section 215 in relation to an application for retrospective consent shall include—

(a) a statement of the significant effects (if any) on a European site that—

(i) have occurred,

(ii) are occurring, or

(iii) can reasonably be expected to occur,

by reason of the development’s having already been carried out,

(b) details of—

(i) any measures already undertaken to remedy or mitigate any significant effects on the European site concerned that have already occurred by reason of the development’s having already been carried out, and

(ii) any observed effects that those measures have had by the date of the preparation of the statement,

(c) details of any measures proposed to be undertaken by the applicant for retrospective consent to remedy or mitigate any significant effects on the European site concerned that—

(i) have already occurred by reason of the development’s having already been carried out, or

(ii) can reasonably be expected to occur by reason of the development’s having already been carried out,

and

(d) such other information as may be prescribed.

(3) In carrying out an appropriate assessment under section 217 in relation to an application for retrospective consent, a competent authority shall—

(a) identify any significant effects on a European site that—

(i) have occurred,

(ii) are occurring, or

(iii) can reasonably be expected to occur,

by reason of the development’s having already been carried out,

(b) assess the extent of the effects identified under paragraph (a) and their implications for the site, having regard to the site’s conservation objectives,

(ii) any observed effects that those measures have had by the date of the carrying out of the appropriate assessment,

(d) consider any measures that the applicant for retrospective consent proposes to take, or any condition that the competent authority would propose to attach to any grant of retrospective consent, for the purpose of avoiding or reducing potential harmful effects on the site that—

(i) have occurred,

(ii) are occurring, or

(iii) can reasonably be expected to occur,

by reason of the development’s having already been carried out, and

(e) having performed the functions under the foregoing paragraphs of this subsection, make a determination as to whether or not any reasonable scientific doubt exists as to the absence of adverse effects on the integrity of any European site.

219. Imperative reasons of overriding public interest (no priority habitat or priority species)

219. (1) In this section "development concerned" means a relevant development in respect of which the competent authority has made a determination under paragraph (a) of subsection (7) of section 217 relating to a European site or European sites that does not, or do not, host a priority habitat or priority species.

(2) (a) Where, in relation to a development concerned, the competent authority has received a request referred to in subsection (3) of section 215, it shall consider that request and the explanation referred to in subsection (4) of that section, but only after it has made a determination under paragraph (a) of subsection (7) of section 217 that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site.

(b) The competent authority shall, after having considered the request and explanation referred to in paragraph (a), come to a conclusion in relation to the development concerned as to whether or not—

(i) there is an absence of alternative solutions to the carrying out of the development concerned,

(ii) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the carrying out of the development concerned, and

(iii) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected.

(i) the Natura impact statement,

(ii) the explanation referred to in paragraph (a), and

(iii) where applicable, any submission received—

(I) pursuant to an invitation under paragraph (a) of subsection (3),

(II) pursuant to an invitation under subsection (3) of section 216, or

(III) consequent upon the taking of measures prescribed under subsection (4) of section 220 by the competent authority,

in relation to the matters referred to in subparagraphs (i), (ii) and (iii) of paragraph (b).

(3) (a) A competent authority may—

(i) at any time after having made a determination under paragraph (a) of subsection (7) of section 217 in respect of a development concerned to which a request referred to in subsection (3) of section 215 relates, and

(ii) for the purpose of reaching a conclusion under paragraph (b) of subsection (2),

invite any person to make submissions to it in relation to the matters referred to in subparagraphs (i), (ii) and (iii) of the said paragraph (b).

(b) An invitation under paragraph (a) shall specify the period during which, and the manner in which, submissions may be made pursuant to that invitation.

(4) Where a development concerned or any part thereof consists of—

(a) the construction or operation of plants producing energy from renewable sources,

(b) the storage of energy produced by such plants, or

imperative reasons of overriding public interest shall, in accordance with Article 16f of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018^17 on the promotion of the use of energy from renewable sources laying down a framework to accelerate the deployment of renewable energy, be deemed to exist in relation to that development concerned or that part, as the case may be.

(5) (a) Where the competent authority concludes that—

(i) there is an absence of alternative solutions to the carrying out of the development concerned, and

(ii) imperative reasons of overriding public interest (which may include reasons of a social or economic nature) exist for the carrying out of the development concerned,

but is not satisfied that the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected, it may consult with the applicant for permission for the purpose of ascertaining the feasibility and adequacy of alternative compensatory measures.

(b) Where, following a consultation under paragraph (a), the applicant for permission proposes alternative compensatory measures (in this section referred to as the “revised proposal”) that the competent authority is satisfied are adequate to ensure that the overall coherence of the Natura 2000 network is protected, the competent authority shall—

(i) publish the revised proposal on an internet website maintained by or on behalf of the competent authority,

(ii) publish a notice on that internet website—

(I) inviting members of the public to make submissions to the competent authority in relation to the revised proposal, and

(II) specifying the period during which, and the manner in which, such submissions may be made,

and

(iii) send a copy of the revised proposal to such persons (if any) as may be prescribed, and invite each such person to make submissions to the competent authority in relation to the revised proposal.

(i) the revised proposal,

(ii) any submissions received by the competent authority pursuant to a notice under subparagraph (ii) of paragraph (b), and

(iii) any submissions received by the competent authority pursuant to an invitation under subparagraph (iii) of paragraph (b).

(6) (a) Subject to paragraph (a) of subsection (5), where, in relation to a development concerned, a competent authority concludes under paragraph (b) of subsection (2) that—

(i) there are alternative solutions to the carrying out of the development concerned,

(ii) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest do not exist for the carrying out of the development concerned, or

(iii) the compensatory measures proposed by the applicant for permission are not adequate to ensure that the overall coherence of the Natura 2000 network is protected,

it shall refuse to grant permission for the development concerned under Part 4.

(b) Where, after having considered a revised proposal under paragraph (c) of subsection (5), a competent authority is still not satisfied that the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected, it shall refuse to grant permission for the development concerned under Part 4.

(c) Where paragraph (a) or (b) applies in relation to a development concerned, the competent authority shall, forthwith, inform the applicant for permission for the development concerned of its conclusion and the reasons therefor.

(7) Where, in relation to a development concerned, the competent authority comes to a conclusion under paragraph (b) of subsection (2) that—

(a) there is an absence of alternative solutions to the carrying out of the development concerned,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the carrying out of the development concerned, and

(c) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

or where the competent authority comes to that conclusion after consideration of a revised proposal under subsection (5), it shall prepare, and submit to the Minister, a statement in relation to the development concerned specifying—

(i) the considerations that caused the competent authority to conclude that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site under paragraph (a) of subsection (7) of section 217,

(ii) the reasons for which the competent authority has concluded that there are no alternative solutions to the carrying out of the development concerned,

(iii) the imperative reasons of overriding public interest that the competent authority has concluded exist for the carrying out of the development concerned,

(iv) the proposed compensatory measures that the competent authority is satisfied are adequate to ensure that the overall coherence of the Natura 2000 network is protected, and

(v) such other information (if any) as the competent authority considers to be of relevance.

(8) (a) A statement submitted to the Minister in accordance with subsection (7) shall be accompanied by—

(i) a copy of the application for permission for the development concerned,

(ii) the Natura impact statement in respect of the development concerned,

(iii) the explanation referred to in subsection (4) of section 215, and

(iv) any submissions received by the competent authority in accordance with this section or section 216 in relation to the development concerned.

(b) A statement submitted to the Minister in accordance with subsection (7) shall, as soon as may be after its submission to the Minister in accordance with that subsection, be published by the competent authority on an internet website maintained by or on its behalf.

(9) For the purpose of the performance by the Minister of functions under subsection (10) or (11) or in relation to a request under subsection (12), the Minister—

(a) may consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, or

(b) shall consult with the competent authority, which may, with the consent of the applicant for permission, submit—

(i) a proposed revised or modified development concerned, or

(ii) proposed revised or modified compensatory measures.

(10) Where the Minister is satisfied that, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies, the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected, he or she shall, forthwith, issue a notice to that effect to the competent authority and the competent authority may, upon receipt of that notice and subject to Part 4 and subsection (14), grant permission under Part 4 for the development concerned.

(11) Where the Minister is not satisfied that, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies, the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected, he or she shall forthwith issue a notice to that effect to the competent authority and the competent authority shall not grant permission under Part 4 for the development concerned.

(12) (a) Notwithstanding the other provisions of this section, where—

(i) the competent authority is a planning authority, and

(ii) in the opinion of the competent authority, the question of whether imperative reasons of overriding public interest (which may include reasons of a social or economic nature) exist requires the consideration of matters that fall outside considerations relating to the proper planning and sustainable development of the functional area of the planning authority,

the competent authority may, when submitting a statement to the Minister in accordance with subsection (7), request the Minister to decide whether imperative reasons of overriding public interest (which may include reasons of a social or economic nature) exist for the carrying out of the development concerned.

(b) Where the Minister receives a request under paragraph (a), he or she shall include in any notice issued to the competent authority under subsection (10) or (11) his or her decision in relation to the question of whether or not imperative reasons of overriding public interest (which may include reasons of a social or economic nature) exist for the carrying out of the development concerned.

(c) Where a notice under subsection (10) includes the decision of the Minister in accordance with paragraph (a) that imperative reasons of overriding public interest (which may include reasons of a social or economic nature) do not exist for the carrying out of the development concerned, the competent authority shall not grant permission under Part 4 for the development concerned.

(13) The competent authority shall, when publishing its decision in relation to the application for permission for the development concerned—

(a) publish a copy of the notice under subsection (10) or (11) on an internet website maintained by or on behalf of the competent authority, and

(b) notify, in writing—

(i) the applicant for permission,

(ii) any person who appealed a decision in relation to the application for permission for the development concerned under section 103,

(iii) any person who made a submission in accordance with Part 4 in relation to the application for permission,

(iv) any person who made a submission pursuant to an invitation under section 216 or in the course of a consultation under subsection (2) of section 217 in relation to the development concerned, and

(v) any person who made a submission pursuant to an invitation under paragraph (a) of subsection (3) or subparagraph (ii) or (iii) of paragraph (b) of subsection (5),

of the contents of the notice under subsection (10) or (11).

(14) (a) Where the competent authority receives a notice under subsection (10) in respect of a development concerned, the implementation of the proposed compensatory measures that the Minister is satisfied are adequate to ensure that the overall coherence of the Natura 2000 network is protected shall be a condition of any permission for the development concerned.

(b) The competent authority may attach to a grant of permission for a development concerned a condition requiring the person—

(i) who will carry out, is carrying out or has carried out the development concerned, or

(ii) on whose behalf the development will be, is being or has been carried out,

to make one, or more than one, financial contribution for the purpose of securing the implementation of any compensatory measures that the competent authority, planning authority (where the Commission is the competent authority) or Minister may have to carry out.

(15) (a) The competent authority shall inform the European Commission of the compensatory measures required to be implemented under, or in connection with, a grant of permission for a development concerned intended to ensure that the overall coherence of the Natura 2000 network is protected.

(b) The competent authority shall send a copy of any communication with the European Commission under or in connection with paragraph (a) to the Minister.

220. Invitation to applicant for permission to make request under subsection (3) of section 215 (no priority habitat or priority species)

220. (1) Where a Natura impact statement is not accompanied by a request referred to in subsection (3) of section 215 and the competent authority considers that a reasonable case may be made that—

(a) there is an absence of alternative solutions to the carrying out of the relevant development concerned,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the carrying out of the relevant development concerned, and

(c) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

the competent authority may, having made a determination under paragraph (a) of subsection (7) of section 217 and before making a decision on the application for permission, invite the applicant for permission to submit to the competent authority, within such period as the competent authority may specify, a request referred to in subsection (3) of section 215 that complies with subsection (4) of section 215.

(2) Where the applicant for permission, on receipt of an invitation under subsection (1), does not submit to the competent authority a request referred to in subsection (3) of section 215 or fails to comply with subsection (4) of that section in relation to any such request—

(a) within such period as may be specified in the invitation, or

(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

the competent authority shall as soon as may be after the expiration of the said period or further period, as the case may be, refuse to grant permission under Part 4 for the relevant development concerned.

(3) Where, pursuant to an invitation under subsection (1), the applicant for permission submits a request referred to in subsection (3) of section 215 to the competent authority that complies with subsection (4) of that section—

(a) within such period as may be specified in the invitation, or

(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

the competent authority shall take such measures as are prescribed under subsection (4).

(4) The Minister may, for the purpose of ensuring—

(a) that members of the public (including persons who have made submissions in relation to the application for permission concerned), and

(b) such persons as may be prescribed,

are given an opportunity to make submissions in relation to an explanation contained in a request referred to in subsection (3) of section 215 submitted to the competent authority pursuant to an invitation under this section, prescribe the measures that shall be taken by the competent authority under subsection (3).

(5) Section 219 shall apply to a request made, in accordance with this section and in relation to which there has been compliance by the competent authority with subsection (3), subject to any necessary modifications.

221. Imperative reasons of overriding public interest (priority habitat or priority species)

221. (1) In this section—

“development concerned” means a relevant development in respect of which the competent authority has made a determination under paragraph (a) of subsection (7) of section 217 relating to a European site that hosts a priority habitat or priority species;

“imperative reasons of overriding public interest” means—

(a) reasons relating to human health or public safety,

(b) reasons that the development will have beneficial consequences of primary importance to the environment, or

(c) reasons that, in the opinion (given upon a request under subsection (11)) of the European Commission, constitute other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive.

(i) there is an absence of alternative solutions to the carrying out of the development concerned,

(ii) imperative reasons of overriding public interest exist or, subject to the opinion of the Commission, may exist for the carrying out of the development concerned, and

(iii) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected.

(i) the Natura impact statement,

(ii) the explanation referred to in paragraph (a), and

(iii) where applicable, any submission received—

(I) pursuant to an invitation under paragraph (a) of subsection (3),

(II) pursuant to an invitation under subsection (3) of section 216, or

(III) consequent upon the taking of measures prescribed under subsection (4) of section 222 by the competent authority,

in relation to the matters referred to in subparagraphs (i), (ii) and (iii) of paragraph (b).

(3) (a) A competent authority may—

(ii) for the purposes of reaching a conclusion under paragraph (b) of subsection (2),

invite any person to make submissions to it in relation to the matters referred to in subparagraphs (i), (ii) and (iii) of the said paragraph (b).

(b) An invitation under paragraph (a) shall specify the period during which, and the manner in which, submissions may be made pursuant to that invitation.

(4) Where a development concerned or any part thereof consists of—

(a) the construction or operation of plants producing energy from renewable sources,

(b) the storage of energy produced by such plants, or

imperative reasons of overriding public interest shall, in accordance with Article 16f of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018^18 on the promotion of the use of energy from renewable sources laying down a framework to accelerate the deployment of renewable energy, be deemed to exist in relation to that development concerned or that part, as the case may be.

(5) (a) Where the competent authority concludes that—

(i) there is an absence of alternative solutions to the carrying out of the development concerned, and

(ii) imperative reasons of overriding public interest for the carrying out of a development concerned exist or, subject to the opinion of the Commission, may exist,

(i) publish the revised proposal on an internet website maintained by or on behalf of the competent authority,

(ii) publish a notice on that internet website—

(I) inviting members of the public to make submissions to the competent authority in relation to the revised proposal, and

(II) specifying the period during which, and the manner in which, such submissions may be made,

and

(i) the revised proposal,

(ii) any submissions received by the competent authority pursuant to a notice under subparagraph (ii) of paragraph (b), and

(iii) any submissions received by the competent authority pursuant to an invitation under subparagraph (iii) of paragraph (b).

(6) (a) Subject to paragraph (a) of subsection (5), where, in relation to a development concerned, a competent authority concludes under paragraph (b) of subsection (2) that—

(i) there are alternative solutions to the carrying out of the development concerned,

(ii) imperative reasons of overriding public interest do not exist for the carrying out of the development concerned, or

(iii) the compensatory measures proposed by the applicant for permission are not adequate to ensure that the overall coherence of the Natura 2000 network is protected,

it shall refuse to grant permission for the development concerned under Part 4.

(7) Where, in relation to a development concerned, the competent authority comes to a conclusion under paragraph (b) of subsection (2) that—

(a) there is an absence of alternative solutions to the carrying out of the development concerned,

(b) imperative reasons of overriding public interest exist for the carrying out of the development concerned, and

(c) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

or where the competent authority comes to that conclusion after consideration of a revised proposal under paragraph (c) of subsection (5), it shall prepare, and submit to the Minister, a statement in relation to the development concerned—

(i) specifying the considerations that caused the competent authority to conclude that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site under paragraph (a) of subsection (7) of section 217,

(ii) specifying the reasons for which the competent authority has concluded that there are no alternative solutions to the carrying out of the development concerned,

(iii) specifying the imperative reasons of overriding public interest that the competent authority has concluded exist or, subject to the opinion of the Commission, may exist for the carrying out of the development concerned,

(iv) in circumstances where the competent authority has concluded that other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive may exist for the carrying out of the development concerned—

(I) specifying the reasons for its having so concluded, and

(II) requesting the Minister to make a request under subsection (11) in relation to the development concerned,

(v) specifying the proposed compensatory measures that the competent authority is satisfied are adequate to ensure that the overall coherence of the Natura 2000 network is protected, and

(vi) providing such other information (if any) as the competent authority considers to be of relevance.

(8) (a) A statement submitted to the Minister in accordance with subsection (7) shall be accompanied by—

(i) a copy of the application for permission for the development concerned,

(ii) the Natura impact statement in respect of the development concerned,

(iii) the explanation referred to in subsection (4) of section 215, and

(iv) any submissions received by the competent authority in accordance with this section or section 216 in relation to the development concerned.

(9) The Minister shall, as soon as may be after having received a statement under subsection (8), perform the functions conferred on him or her by subsection (11), (12), (13), (14) or (15).

(10) The Minister may, for the purpose of performing his or her functions under subsection (11), (12), (13), (14) or (15) consult with—

(a) such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government, or

(b) the competent authority, which may, with the consent of the applicant for permission, submit—

(i) a proposed revised or modified development concerned, or

(ii) proposed revised or modified compensatory measures.

(11) The Minister may—

(a) upon receipt of a statement under subsection (7) containing a request from the competent authority under subparagraph (iv) of that section, and

(b) if satisfied that the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

request the European Commission to provide him or her with its opinion as to whether or not other imperative reasons of overriding public interest within the meaning of paragraph (4) of Article 6 of the Habitats Directive exist in relation to the development concerned.

(12) Where, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies, the Minister—

(a) is satisfied that imperative reasons of overriding public interest consisting of—

(i) reasons relating to human health or public safety, or

(ii) reasons that the development will have beneficial consequences of primary importance to the environment,

exist, and

(b) is satisfied that the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

he or she shall, forthwith, issue a notice to that effect to the competent authority, and the competent authority may, upon receipt of that notice and subject to Part 4 and subsection (17), grant permission for the development concerned.

(13) Where, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies, the Minister—

(a) is not satisfied that imperative reasons of overriding public interest consisting of—

(i) reasons relating to human health or public safety, or

(ii) reasons that the development will have beneficial consequences of primary importance to the environment,

exist, or

(b) is not satisfied that the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

then, subject to subsection (14), he or she shall, forthwith, issue a notice to that effect to the competent authority, and the competent authority shall not grant permission for the development concerned.

(14) Where, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies—

(a) the Minister receives an opinion from the European Commission (pursuant to a request under subsection (11)) that states that, in relation to the development concerned, it is satisfied that imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive exist, and

(b) the Minister is satisfied that the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

(15) Where, in relation to a development concerned to which a statement submitted to him or her in accordance with subsection (7) applies—

(a) the Minister receives an opinion from the European Commission (pursuant to a request under subsection (11)) that states that, in relation to the development concerned, it is not satisfied that imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive exist, or

(b) the Minister is not satisfied that the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

he or she shall, forthwith, issue a notice to that effect to the competent authority, and the competent authority shall not grant permission for the development concerned.

(16) The competent authority shall, when publishing its decision in relation to the application for permission for the development concerned—

(a) publish a copy of the notice under subsection (12), (13), (14) or (15) on an internet website maintained by or on behalf of the competent authority,

(b) publish a copy of the opinion of the European Commission received by the Minister pursuant to any request under subsection (11), and

(i) the applicant for permission,

(ii) any person who appealed a decision in relation to the application for permission for the development concerned under section 103,

(iii) any person who made a submission in accordance with Part 4 in relation to the application for permission,

(iv) any person who made a submission pursuant to an invitation under section 216 or subsection (2) of section 217 in relation to the development concerned, and

(v) any person who made a submission pursuant to an invitation under paragraph (a) of subsection (3) or subparagraph (ii) or (iii) of paragraph (b) of subsection (5),

of the contents of the notice under subsection (12), (13), (14) or (15).

(17) (a) Where the competent authority receives a notice under subsection (12) or (14) in respect of a development concerned, the implementation of the proposed compensatory measures that the Minister is satisfied are adequate to ensure that the overall coherence of the Natura 2000 network is protected shall be a condition of any permission for the development concerned.

(b) The competent authority may attach to a grant of permission for a development concerned a condition requiring the person—

(i) who will carry out, is carrying out or has carried out the development concerned, or

(ii) on whose behalf the development concerned will be, is being or has been carried out,

(18) (a) The competent authority shall inform the European Commission of the compensatory measures required to be implemented under, or in connection with, a grant of permission for a development concerned aimed at ensuring that the overall coherence of the Natura 2000 network is protected.

(b) The competent authority shall send a copy of any communication with the European Commission under or in connection with paragraph (a) to the Minister.

222. Invitation to applicant for permission to make request under subsection (3) of section 215 (priority habitat or priority species)

222. (1) Where a Natura impact statement is not accompanied by a request referred to in subsection (3) of section 215 and the competent authority considers that a reasonable case may be made that—

(a) there is an absence of alternative solutions to the carrying out of the relevant development concerned,

(b) imperative reasons of overriding public interest exist for the carrying out of the relevant development concerned, and

(c) the compensatory measures proposed by the applicant for permission are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

(a) within such period as may be specified in the invitation, or

(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

(a) within such period as may be specified in the invitation, or

(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

the competent authority shall take such measures as are prescribed under subsection (4).

(4) The Minister may, for the purpose of ensuring—

(a) that members of the public (including persons who have made submissions in relation to the application for permission concerned), and

(b) such persons as may be prescribed,

(5) Section 221 shall apply to a request made, in accordance with this section and in relation to which there has been compliance by the competent authority with subsection (3), subject to any necessary modifications.

Chapter 4

223. Interpretation

223. (1) In this Chapter—

“competent authority” means—

(a) in relation to relevant development for which permission is required under Chapter 3 of Part 4, the planning authority to which an application for such permission is required to be made,

(b) in relation to relevant development in respect of which a decision—

(i) under section 98 has been made, and

(ii) that is appealed or appealable under Chapter 3 of Part 4,

the Commission,

(d) in relation to development for which retrospective consent is required under Chapter 4 of Part 4, the Commission,

(e) in relation to a request for an alteration of the terms or extension of the duration of a permission under subsection (1) of section 140, the deciding authority to which the request under section 140 is made or, where a decision under section 143 in respect of the request is appealed under subsection (8) of section 143, the Commission,

(f) for the purpose of carrying out a screening for environmental impact assessment of a relevant development (other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140) consisting of local authority development, the local authority concerned,

(g) for the purpose of carrying out a screening for environmental impact assessment of a relevant development (other than an alteration, or extension of duration, of permission requested under subsection (1) of section 140) consisting of State authority development, the State authority concerned,

“screening determination” means a determination made in accordance with section 229, 230 or 232 as to whether a relevant development is required to be the subject of an environmental impact assessment;

“screening for environmental impact assessment” means an assessment carried out in accordance with section 229, 230, 231 or 232.

(2) A word or expression that is used in this Chapter and in the Environmental Impact Assessment Directive has the meaning in this Chapter that it has in that directive.

(3) This Chapter shall be construed in accordance with the Environmental Impact Assessment Directive.

224. Purpose of Chapter

224. The purpose of this Chapter is to give effect to the State’s obligations under the Environmental Impact Assessment Directive.

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