The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

• (6) Where a person gives notice of appeal under section 143 and the council or, as the case may be, the Department has served on that person a regulation 34 notice with which they do not agree, that person may by notice in writing, within 4 weeks of the date of service of the enforcement notice, inform the council or, as the case may be, the Department that they propose to seek a hearing before the Commission.

• (7) Where, in relation to paragraph (6), a person proposes to seek a hearing before the Commission, that person shall, by notice in writing, inform the Commission to such effect within 4 weeks of the service of the enforcement notice.

Time period for submission of environmental statement

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Where the council or, as the case may be, the Department determines or, following a hearing by the Commission, confirms that an environmental statement is required, it shall be submitted to the Commission within 6 months from the date of the determination or such extended period as may be agreed in writing between the appellant and the Commission and if not so submitted the deemed application and the ground (a) appeal (if any) shall elapse at the end of that period.

Provision of information

36

• (1) Subject to paragraph (2), any person on whom a copy of regulation 34 notice is served pursuant to regulation 34(3)(b) to (d) or regulation 34(4)(b) to (d) (“the consultee”) shall, if requested by the person on whom the regulation 34 notice was served, or may without such request, enter into consultation with that person to determine whether the consultee has in their possession any information which that person or the consultee consider relevant to the preparation of an environmental statement and, if they have, the consultee shall make any such information available to that person.

• (2) Regulations 10(2) and 22(2) shall apply to information under paragraph (1) as they apply to information under regulation 10(1).

Procedure where the Commission receives an environmental statement

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• (1) Where the Commission receives an environmental statement, or a statement referred to by the appellant as an environmental statement, in connection with an enforcement appeal, it shall send a copy of the statement to the council or, as the case may be, the Department and to the bodies on whom a copy of the regulation 34 notice was served.

• (2) The Commission shall give not less than 30 days notice to the council or, as the case may be, the Department and the bodies referred to in paragraph (1) that environmental information will be taken into consideration in determining the ground (a) appeal (if any) and inform them that they may make representations within this period.

Further information and evidence respecting environmental statements

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• (1) Regulation 21(1) and (2) shall apply to statements provided in accordance with this Part with the following modifications—

• (a) where the Commission notifies the appellant under regulation 21(1), the appellant shall provide the further information within such period as the Commission may specify in the notice or such longer period as the Commission may allow;

• (b) if an appellant to whom a notice has been given under sub-paragraph (a) fails to provide the further information within the period specified or allows (as the case may be), the deemed application and the ground (a) appeal (if any) shall lapse at the end of that period.

• (2) Regulations 37 and 39 shall apply in relation to further information received by the Commission in accordance with paragraph (1) as if references in those regulations to an environmental statement were references to the further information.

• (3) The Commission shall send the council or, as the case may be, the Department a copy of any notice sent to the appellant under paragraph (1).

• (4) Where the Department receives a notice under paragraph (3), it shall copy the notice to the council.

Publicity for environmental statements and decision making

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• (1) Where the Commission receives a copy of an environmental statement or a statement submitted by the appellant referred to as an environmental statement, either of which is accompanied by further information and any other information, in connection with an enforcement appeal it shall publish by local advertisement a notice stating—

• (a) the name of the appellant and that the appellant has appealed to the Commission against the enforcement notice;

• (b) the address or location of the land to which the notice related and the nature of the development;

• (c) sufficient information to enable any planning permission for the development to be identified;

• (d) that a copy of the environmental statement and further information and any other information may be inspected by members of the public at all reasonable hours;

• (e) an address in the locality at which the statement and further information and any other information may be inspected and the latest date it will be made available for inspection (being a date not less than 30 days from the date on which the notice is first published);

• (f) that any person wishing to make representations about any matter dealt with in the statement and further information and any other information should make them in writing and the latest date by which representations should be made (being a date not less than 30 days from the date on which the notice is first published); and

• (g) the address to which such representations are to be sent.

• (2) Where an appeal is made to the Commission under section 143 in relation to an unauthorised EIA development, the functions conferred to on the council or on the Department by Part 6 shall be exercisable by the Commission in respect of that appeal.

Significant transboundary effects

40

Regulation 29 shall apply to unauthorised EIA development as if—

• (a) for regulation 29(1) there were substituted—

(1) Where, on the consideration of an appeal under section 143, the Commission is of the opinion that matters which are alleged to constitute the breach of planning control comprise or include EIA development and the development has or is likely to have significant effects on an EEA state, it shall notify the Department.

• (b) in regulation 29(2)(a) and (b)(i) the word “proposed” was omitted;

• (c) in regulation 29(4)(a) the words “ a copy of the application concerned” were replaced by the words “a description of the development concerned”; and

• (d) in regulation 29(4)(c) the words “that application” were replaced by the words “the deemed application under section 145(5)”.

PART 10 — Permission in Enterprise and Simplified Planning Zones and Permission Granted by Development Orders

Restrictions on the grant of permission by simplified planning zone schemes and enterprise zone schemes

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After the commencement of these Regulations—

• (a) the adoption of a simplified planning zone scheme under section 34 (or the alteration of such a scheme under section 37);

• (b) an order designating an enterprise zone under the Enterprise Zones (Northern Ireland) Order 1981¹⁹ and the modification in relation to an approved enterprise zone under that Order,

shall not grant planning permission for—

• (i) Schedule 1 development; or

• (ii) Schedule 2 development unless the council or, as the case may be, the Department has made a determination that the development is not EIA development.

Development Orders

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Subject to paragraph (2), A development order under section 32 made after the commencement of these Regulations shall not grant planning permission for—

• (a) Schedule 1 development; or

• (b) Schedule 2 development unless the council or, as the case may be, the Department has made a determination that the development is not EIA development.

PART 11 — Miscellaneous

Objectivity and bias

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• (1) The council or, as the case may be, the Department shall perform their duties under these Regulations in an objective manner and so as not to find themselves in a situation giving rise to a conflict of interest.

• (2) Where the council or, as the case may be, the Department is (or would be) an applicant and it will also be responsible for determining its own application, the council or, as the case may be, the Department shall make appropriate administrative arrangements to ensure that there is a functional separation, when performing any duty under these Regulations, between the persons making the application and the persons responsible for determining that application.

Availability of information in relation to determinations, opinions, decisions, etc.

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• (1) The council shall make available for public inspection at all reasonable hours at the place where a register pursuant to Article 24 of the General Development Procedure Order is kept, a copy of—

• (a) any determination or opinion given pursuant to regulation 8(1), 12(1), 14(1) or 16(1), notification under regulation 15(1) or 16(3), or determination confirmed or amended under regulation 45(2) together with the accompanying statement of reasons, the relevant request and the documents which accompanied it;

• (b) any environmental statement and further information and any other information received under these Regulations; and

• (c) where environmental information has been taken into consideration in determining an application for planning permission or subsequent application or appeal, a statement containing—

• (i) the main reasons and considerations on which the decision was based including information about the arrangements taken to ensure the public had the opportunity to participate in the decision making procedures;

• (ii) a summary of the results of the consultations undertaken and information gathered in respect of applications and how those results, in particular comments received from an EEA State pursuant to consultation under regulation 29, have been incorporated or otherwise addressed; and

• (iii) details of the matters referred to in regulation 26(2).

• (2) The council shall make available for public inspection at all reasonable hours at the place where a register pursuant to Article 26 of the General Development Procedure Order is kept, a copy of—

• (a) every regulation 34 notice served by the council or, as the case may be, the Department;

• (b) every determination made by the council or, as the case may be, the Department in accordance with regulation 34(2) or notice confirmed or amended under regulation 45(2) in respect of a deemed application under Part 8;

• (c) every environmental statement or additional information received by the council or, as the case may be, the Department by virtue of regulation 37(1); and

• (d) every notice received by the council or, as the case may be, the Department under regulation 38(3) or (4).

• (3) A register kept pursuant to Article 27 of the General Development Procedure Order is kept, a copy of any direction given by the Department pursuant to regulation 3(1)(a) to (c), and any information obtained under regulation 3(2).

• (4) Where the registers kept under this regulation are kept using electronic storage, the council may make the registers available for inspection by the public on a website maintained by the council for that purpose.

Hearing by the Commission in relation to the council’s or Department’s determination

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• (1) Where a person seeks a hearing before the Commission under regulations 8(19), 15(4), 16(5) or 34(6) it shall afford that person the opportunity of appearing before and being heard by the Commission.

• (2) Where a hearing is held, the council or, as the case may be, the Department shall consider the report of the Commission and may confirm, amend or withdraw its determination.

Use of electronic communications

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• (1) Paragraph (2) applies where a person uses electronic communications to make an application under regulation 8, and except where a contrary intention appears, the applicant shall be taken to have agreed—

• (a) to the use of electronic communications for all purposes relating to the application which is capable of being effected using such communications;

• (b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application;

• (c) that the person’s deemed agreement under this paragraph shall subsist until the person gives notice in writing that the person wishes to revoke the agreement and such withdrawal or revocation shall be final and shall take effect on a date specified by the person in the notice but not less than seven days after the date on which the notice is given.

• (2) In paragraphs (3)(a), 5(a) and 6(a) of regulation 8 the requirement for the application to be accompanied by a plan sufficient to identify the land to which the application relates is satisfied where the applicant identifies the land on an electronic map provided by the council or, as the case may be, the Department and for this purpose a map is taken to be provided where the council or, as the case may be, the Department has published it on its website.

Application to the Crown

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These Regulations shall apply to the Crown to the full extent authorised or permitted by the constitutional laws of Northern Ireland.

Revocation, saving and transitional provisions

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• (1) Subject to paragraphs (2) to (4) the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015²⁰ (“the 2015 Regulations”) are revoked except for regulations 45(3) and (4).

• (2) The 2015 Regulations continue to have effect as they did immediately before 16th May 2017 where before that date—

• (a) the applicant or, as the case may be, the appellant has submitted an environmental statement (within the meaning of the 2015 Regulations); or

• (b) the applicant has made a request under regulation 7(1)(b) of the 2015 Regulations for an opinion as to the information to be provided in the environmental statement.

• (3) Parts 1 and 2 of the 2015 Regulations continue to have effect as they did immediately before 16th May 2017 in respect of—

• (a) a request for a determination under regulation 7(1)(a) of the 2015 Regulations made to the council or, as the case may be, the Department, before that date.

• (b) a determination by the council or, as the case may be, the Department where the process to make the determination was initiated before that date.

• (4) Regulations 45(3) and (4) of the 2015 Regulations continue to have effect in respect of the matters specified in paragraph 2(a) to (c) of regulation 40 of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012.

SCHEDULE 1 — Descriptions of development and applicable thresholds and criteria for the purpose of the definition of “Schedule 2 development”

Interpretation

In this Schedule—

• “airport” means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14)²¹;

• “express road” means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15 November 1975²²;

• “nuclear power station” and “other nuclear reactor” do not include an installation from the site of which all nuclear fuel and other radioactive contaminated materials have been permanently removed; and development for the purpose of dismantling or decommissioning a nuclear power station or other nuclear reactor shall not be treated as development of the description mentioned in paragraph 2(b) of this Schedule.

Descriptions of development

The carrying out of development to provide any of the following—

SCHEDULE 2 — Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”

1

In the Table below—

• “area of the works”, includes any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for construction or installation;

• “floorspace”, means floorspace in a building or buildings;

• “waterway” and “underground strata” have the meanings assigned to them by Article 2(2) of the Water (Northern Ireland) Order 1999²⁷.

2

The Table below sets out the descriptions of development and applicable thresholds and criteria for the purposes of classifying development as Schedule 2 development.

Column 1Description of development	Column 1Description of development	Column 2Applicable thresholds and criteria	Column 2Applicable thresholds and criteria
The carrying out of development to provide any of the following—	The carrying out of development to provide any of the following—	The carrying out of development to provide any of the following—	The carrying out of development to provide any of the following—
1Agriculture and aquaculture
Projects for the use of uncultivated land or semi–natural areas for intensive agricultural purposes;	The area of the development exceeds 0.5 hectare.	The area of the development exceeds 0.5 hectare.	The area of the development exceeds 0.5 hectare.
Water management projects for agriculture, including irrigation and land drainage projects;	The area of the works exceeds 1 hectare.	The area of the works exceeds 1 hectare.	The area of the works exceeds 1 hectare.
Intensive livestock installations (unless included in Schedule 1);	The area of floorspace exceeds 500 square metres.	The area of floorspace exceeds 500 square metres.	The area of floorspace exceeds 500 square metres.
Intensive fish farming;	The installation resulting from the development is designed to produce more than 10 tonnes of dead weight fish per year.	The installation resulting from the development is designed to produce more than 10 tonnes of dead weight fish per year.	The installation resulting from the development is designed to produce more than 10 tonnes of dead weight fish per year.
Reclamation of land from the sea.	All development.	All development.	All development.
2Extractive industry
Quarries, open–cast mining and peat extraction (unless included in Schedule 1);Underground mining;	All development (except the construction of buildings or other ancillary structures where the floorspace does not exceed 1,000 square metres).	All development (except the construction of buildings or other ancillary structures where the floorspace does not exceed 1,000 square metres).	All development (except the construction of buildings or other ancillary structures where the floorspace does not exceed 1,000 square metres).
Extraction of minerals by fluvial or marine dredging;	All development.	All development.	All development.
Deep drillings, in particular—geothermal drilling;drilling for the storage of nuclear waste material;drilling for water supplies;with the exception of drillings for investigating the stability of the soil;	In relation to any type of drilling the area of the works exceeds 1 hectare; orin relation to geothermal drilling and drilling for the storage of nuclear waste material only, drilling is to be undertaken within 100 metres of any waterway or water in underground strata.	In relation to any type of drilling the area of the works exceeds 1 hectare; orin relation to geothermal drilling and drilling for the storage of nuclear waste material only, drilling is to be undertaken within 100 metres of any waterway or water in underground strata.	In relation to any type of drilling the area of the works exceeds 1 hectare; orin relation to geothermal drilling and drilling for the storage of nuclear waste material only, drilling is to be undertaken within 100 metres of any waterway or water in underground strata.
Surface industrial installations for the extraction of coal, petroleum, natural gas and ores, as well as bituminous shale.	The area of the development exceeds 0.5 hectare.	The area of the development exceeds 0.5 hectare.	The area of the development exceeds 0.5 hectare.
3Energy industry	3Energy industry	3Energy industry	3Energy industry
Industrial installations for the production of electricity, steam and hot water (unless included in Schedule 1);	Industrial installations for the production of electricity, steam and hot water (unless included in Schedule 1);	The area of the development exceeds 0.5 hectare.	The area of the development exceeds 0.5 hectare.
Industrial installations for carrying gas, steam and hot water;	Industrial installations for carrying gas, steam and hot water;	The area of the works exceeds 1 hectare.	The area of the works exceeds 1 hectare.
Transmission of electrical energy by overhead cables (unless included in Schedule 1);	Transmission of electrical energy by overhead cables (unless included in Schedule 1);	The nominal voltage of the electric line exceeds 33kV; andthe purpose of the line is the provision of a supply to more than one consumer;where the modification of an existing line is proposed, it is outside the tolerances specified in the Overhead Lines (Exemption) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 118).	The nominal voltage of the electric line exceeds 33kV; andthe purpose of the line is the provision of a supply to more than one consumer;where the modification of an existing line is proposed, it is outside the tolerances specified in the Overhead Lines (Exemption) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 118).
Surface storage of natural gas;Underground storage of combustible gases;Surface storage of fossil fuels;	Surface storage of natural gas;Underground storage of combustible gases;Surface storage of fossil fuels;	the area of any building, deposit or structure exceeds 500 square metres; ora building, deposit or structure is to be sited within 100 metres of any waterway or water in underground strata.	the area of any building, deposit or structure exceeds 500 square metres; ora building, deposit or structure is to be sited within 100 metres of any waterway or water in underground strata.
Industrial briquetting of coal and lignite;	Industrial briquetting of coal and lignite;	The area of floorspace exceeds 1,000 square metres.	The area of floorspace exceeds 1,000 square metres.
Installations for the processing and storage of radioactive waste (unless included in Schedule 1);	Installations for the processing and storage of radioactive waste (unless included in Schedule 1);	The area of floorspace exceeds 1,000 square metres; orthe installation resulting from the development will require an authorisation or the variation of an authorisation under the Radioactive Substances Act 1993.	The area of floorspace exceeds 1,000 square metres; orthe installation resulting from the development will require an authorisation or the variation of an authorisation under the Radioactive Substances Act 1993.
Installations for hydroelectric energy production;	Installations for hydroelectric energy production;	The installation is designed to produce more than 0.5 megawatts.	The installation is designed to produce more than 0.5 megawatts.
Installations for the harnessing of wind power for energy production (wind farms).	Installations for the harnessing of wind power for energy production (wind farms).	the development involves the installation of more than 2 turbines; orthe hub height of any turbine or height of any other structure exceeds 15 metres.	the development involves the installation of more than 2 turbines; orthe hub height of any turbine or height of any other structure exceeds 15 metres.
Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law that implemented Directive 2009/31/EC from installations not included in Schedule 1.	Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law that implemented Directive 2009/31/EC from installations not included in Schedule 1.	All development	All development
4Production and processing of metals	4Production and processing of metals
Installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting;Installations for the processing of ferrous metals—hot–rolling mills;smitheries with hammers;application of protective fused metal coats.Ferrous metal foundries;Installations for the smelting, including the alloyage, of non–ferrous metals, excluding precious metals, including recovered products (refining, foundry casting, etc.);Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process;Manufacture and assembly of motor vehicles and manufacture of motor–vehicle engines;Shipyards;Installations for the construction and repair of aircraft;Manufacture of railway equipment;Swaging by explosives;Installations for the roasting and sintering of metallic ores.	Installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting;Installations for the processing of ferrous metals—hot–rolling mills;smitheries with hammers;application of protective fused metal coats.Ferrous metal foundries;Installations for the smelting, including the alloyage, of non–ferrous metals, excluding precious metals, including recovered products (refining, foundry casting, etc.);Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process;Manufacture and assembly of motor vehicles and manufacture of motor–vehicle engines;Shipyards;Installations for the construction and repair of aircraft;Manufacture of railway equipment;Swaging by explosives;Installations for the roasting and sintering of metallic ores.	The area of floorspace exceeds 1,000 square metres.	The area of floorspace exceeds 1,000 square metres.
5Mineral industry	5Mineral industry
Coke ovens (dry coal distillation);Installations for the manufacture of cement;Installations for the production of asbestos and the manufacture of asbestos-based products (unless included in Schedule 1);Installations for the manufacture of glass including glass fibre;Installations for smelting mineral substances including the production of mineral fibres;Manufacture of ceramic products by burning, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain.	Coke ovens (dry coal distillation);Installations for the manufacture of cement;Installations for the production of asbestos and the manufacture of asbestos-based products (unless included in Schedule 1);Installations for the manufacture of glass including glass fibre;Installations for smelting mineral substances including the production of mineral fibres;Manufacture of ceramic products by burning, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain.	The area of floorspace exceeds 1,000 square metres.	The area of floorspace exceeds 1,000 square metres.
6Chemical industry (unless included in Schedule 1)	6Chemical industry (unless included in Schedule 1)
Treatment of intermediate products and production of chemicals;Production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides;	Treatment of intermediate products and production of chemicals;Production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides;	The area of floorspace exceeds 1,000 square metres.	The area of floorspace exceeds 1,000 square metres.
Storage facilities for petroleum, petrochemical and chemical products.	Storage facilities for petroleum, petrochemical and chemical products.	The area of any building or structure exceeds 0.05 hectare; ormore than 200 tonnes of petroleum, petrochemical or chemical products is to be stored at any one time.	The area of any building or structure exceeds 0.05 hectare; ormore than 200 tonnes of petroleum, petrochemical or chemical products is to be stored at any one time.
7Food industry	7Food industry	7Food industry	7Food industry
Manufacture of vegetable and animal oils and fats;Packing and canning of animal and vegetable products;Manufacture of dairy products;Brewing and malting;Confectionery and syrup manufacture;Installations for the slaughter of animals;Industrial starch manufacturing installations;Fish–meal and fish–oil factories;Sugar factories.	Manufacture of vegetable and animal oils and fats;Packing and canning of animal and vegetable products;Manufacture of dairy products;Brewing and malting;Confectionery and syrup manufacture;Installations for the slaughter of animals;Industrial starch manufacturing installations;Fish–meal and fish–oil factories;Sugar factories.	The area of floorspace exceeds 1,000 square metres.	The area of floorspace exceeds 1,000 square metres.
8Textile, leather, wood and paper industries	8Textile, leather, wood and paper industries
Industrial plants for the production of paper and board (unless included in Schedule 1);Plants for the pre–treatment (operations such as washing, bleaching, mercerisation) or dyeing of fibres or textiles;Plants for the tanning of hides and skins;Cellulose–processing and production installations.	Industrial plants for the production of paper and board (unless included in Schedule 1);Plants for the pre–treatment (operations such as washing, bleaching, mercerisation) or dyeing of fibres or textiles;Plants for the tanning of hides and skins;Cellulose–processing and production installations.	The area of floorspace exceeds 1,000 square metres.	The area of floorspace exceeds 1,000 square metres.
9Rubber industry	9Rubber industry
Manufacture and treatment of elastomer–based products.	Manufacture and treatment of elastomer–based products.	The area of floorspace exceeds 1,000 square metres.	The area of floorspace exceeds 1,000 square metres.
10Infrastructure projects	10Infrastructure projects
Industrial estate development projects;Urban development projects, including the construction of shopping centres and car parks;Construction of intermodal transshipment facilities and of intermodal terminals (unless included in Schedule 1);	Industrial estate development projects;Urban development projects, including the construction of shopping centres and car parks;Construction of intermodal transshipment facilities and of intermodal terminals (unless included in Schedule 1);	The area of the development exceeds 0.5 hectare.	The area of the development exceeds 0.5 hectare.
Construction of railways (unless included in Schedule 1);	Construction of railways (unless included in Schedule 1);	The area of the works exceeds 1 hectare.	The area of the works exceeds 1 hectare.
Construction of airfields (unless included in Schedule 1);	Construction of airfields (unless included in Schedule 1);	The development involves an extension to a runway; orthe area of the works exceeds 1 hectare.	The development involves an extension to a runway; orthe area of the works exceeds 1 hectare.
Construction of roads (unless included in Schedule 1);	Construction of roads (unless included in Schedule 1);	The area of the works exceeds 1 hectare.	The area of the works exceeds 1 hectare.
Construction of harbours and port installations, including fishing harbours (unless included in Schedule 1);	Construction of harbours and port installations, including fishing harbours (unless included in Schedule 1);	The area of the works exceeds 1 hectare.	The area of the works exceeds 1 hectare.
Inland–waterway construction (unless included in Schedule 1), canalisation and flood–relief works;Dams and other installations designed to hold water or store it on a long–term basis (unless included in Schedule 1);Tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport;	Inland–waterway construction (unless included in Schedule 1), canalisation and flood–relief works;Dams and other installations designed to hold water or store it on a long–term basis (unless included in Schedule 1);Tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport;	The area of the works exceeds 1 hectare.	The area of the works exceeds 1 hectare.
Oil and gas pipeline installations and pipelines for the transport of carbon dioxide streams for the purposes of geological storage (unless included in Schedule 1);Installations of long–distance aqueducts;	Oil and gas pipeline installations and pipelines for the transport of carbon dioxide streams for the purposes of geological storage (unless included in Schedule 1);Installations of long–distance aqueducts;	The area of the works exceeds 1 hectare; or,in the case of a gas pipeline, the installation has a design operating pressure exceeding 7 bar gauge.	The area of the works exceeds 1 hectare; or,in the case of a gas pipeline, the installation has a design operating pressure exceeding 7 bar gauge.
Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works;	Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works;	All development.	All development.
Ground water abstraction and artificial ground water recharge schemes (unless included in Schedule 1);Works for the transfer of water resources between river basins (unless included in Schedule 1).	Ground water abstraction and artificial ground water recharge schemes (unless included in Schedule 1);Works for the transfer of water resources between river basins (unless included in Schedule 1).	The area of the works exceeds 1 hectare.	The area of the works exceeds 1 hectare.
11Other projects	11Other projects	11Other projects	11Other projects
Permanent racing and test tracks for motorised vehicles;	Permanent racing and test tracks for motorised vehicles;	The area of the development exceeds 1 hectare.	The area of the development exceeds 1 hectare.
Installations for the disposal of waste (unless included in Schedule 1);	Installations for the disposal of waste (unless included in Schedule 1);	The disposal is by incineration; orthe area of the development exceeds 0.5 hectare; orthe installation is to be sited within 100 metres of any waterway or water in underground strata or, marine waters.	The disposal is by incineration; orthe area of the development exceeds 0.5 hectare; orthe installation is to be sited within 100 metres of any waterway or water in underground strata or, marine waters.
Waste–water treatment plants (unless included in Schedule 1);	Waste–water treatment plants (unless included in Schedule 1);	The area of the development exceeds 1,000 square metres.	The area of the development exceeds 1,000 square metres.
Sludge–deposition sites;Storage of scrap iron, including scrap vehicles;	Sludge–deposition sites;Storage of scrap iron, including scrap vehicles;	The area of the deposit or storage exceeds 0.5 hectare; ora deposit is to be made or scrap stored within 100 metres of any waterway or water in underground strata or, marine waters.	The area of the deposit or storage exceeds 0.5 hectare; ora deposit is to be made or scrap stored within 100 metres of any waterway or water in underground strata or, marine waters.
Test benches for engines, turbines or reactors;Installations for the manufacture of artificial mineral fibres;Installations for the recovery or destruction of explosive substances;Knackers’ yards.	Test benches for engines, turbines or reactors;Installations for the manufacture of artificial mineral fibres;Installations for the recovery or destruction of explosive substances;Knackers’ yards.	The area of floorspace exceeds 1,000 square metres.	The area of floorspace exceeds 1,000 square metres.
12Tourism and leisure	12Tourism and leisure
Ski–runs, ski–lifts and cable–cars and associated developments;	Ski–runs, ski–lifts and cable–cars and associated developments;	The area of the works exceeds 1 hectare; orthe height of any building or other structure exceeds 15 metres.	The area of the works exceeds 1 hectare; orthe height of any building or other structure exceeds 15 metres.
Marinas;	Marinas;	The area of the enclosed water surface exceeds 1,000 square metres.	The area of the enclosed water surface exceeds 1,000 square metres.
Holiday villages and hotel complexes outside urban areas and associated developments;Theme parks;	Holiday villages and hotel complexes outside urban areas and associated developments;Theme parks;	The area of the development exceeds 0.5 hectare.	The area of the development exceeds 0.5 hectare.
Permanent camp sites and caravan sites.	Permanent camp sites and caravan sites.	The area of the development exceeds 1 hectare.	The area of the development exceeds 1 hectare.
13	13
Any change to or extension of development of a description listed in paragraphs 1 to 12 of column 1 of this table, where that development is already authorised, executed or in the process of being executed.Any change to or extension of development of a description listed in Schedule 1 (other than a change or extension falling within paragraph 24 of that Schedule) where that development is already authorised, executed or in the process of being executed.	Any change to or extension of development of a description listed in paragraphs 1 to 12 of column 1 of this table, where that development is already authorised, executed or in the process of being executed.Any change to or extension of development of a description listed in Schedule 1 (other than a change or extension falling within paragraph 24 of that Schedule) where that development is already authorised, executed or in the process of being executed.	The thresholds and criteria in the corresponding part of column 2 of this table applied to the development as changed or extended are met or exceeded and in such a case the change or extension may have significant adverse effects on the environment;The thresholds and criteria in column 2 of the paragraph of this table indicated below applied to the development as changed or extended are met or exceeded and in such a case the change or extension may have significant adverse effects on the environment.	The thresholds and criteria in the corresponding part of column 2 of this table applied to the development as changed or extended are met or exceeded and in such a case the change or extension may have significant adverse effects on the environment;The thresholds and criteria in column 2 of the paragraph of this table indicated below applied to the development as changed or extended are met or exceeded and in such a case the change or extension may have significant adverse effects on the environment.
		Paragraph inSchedule 1	Paragraph ofthis table
		1	6 (a)
		2(a)	3 (a)
		2(b)	3 (h)
		3	3 (h)
		4	4
		5	5
		6	6 (a)
		7(a)	10 (d) (in relation to railways) or 10 (e) (in relation to airports)
		7(b) and (c)	10 (f)
		8(a)	10 (h)
		8(b)	10 (g)
		9	11 (b)
		10	11 (b)
		11	10 (n)
		12	10 (o)
		13	11 (c)
		14	2 (e)
		15	10 (i)
		16	10 (k)
		17	1 (c)
		18	8 (a)
		19	2 (a)
		20	3 (c)
		21	6 (c)
		22	3 (k)
		23	3 (k)
Development of a description mentioned in Schedule 1, undertaken exclusively or mainly for the development and testing of new methods or products and not used for more than two years.	Development of a description mentioned in Schedule 1, undertaken exclusively or mainly for the development and testing of new methods or products and not used for more than two years.	All development	All development

SCHEDULE 3 — Selection criteria referred to in Article 4.3 of the Directive

1. Characteristics of development

The characteristics of development shall be considered having regard, in particular, to—

• (a) the size and design of the whole development;

• (b) the cumulation with other existing development and/or approved development;

• (c) the use of natural resources, in particular land, soil, water and biodiversity;

• (d) the production of waste;

• (e) pollution and nuisances;

• (f) the risk of major accidents and/or disasters which are relevant to the development concerned, including those caused by climate change, in accordance with scientific knowledge;

• (g) the risks to human health (for example due to water contamination or air pollution).

2. Location of development

The environmental sensitivity of geographical areas likely to be affected by development shall be considered, 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 national legislation and areas designated pursuant to Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora²⁸ and Council Directive 2009/147/EC on the conservation of wild birds²⁹;

• (vi) areas in which there has already been a failure to meet the environmental quality standards laid down in Union legislation and relevant to the development, 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. Characteristics of the potential impact

The likely significant effects of development on the environment shall be considered in relation to criteria set out under paragraphs 1 and 2 of this Schedule, with regard to the impact of the development on the factors specified in regulation 5(2), 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 approved development;

• (h) the possibility of effectively reducing the impact.

SCHEDULE 4 — Matters for Inclusion in Environmental Statement

1

Description of the development, including in particular—

• (a) a description of the location of the development;

• (b) a description of the physical characteristics of the whole development, including, where relevant, requisite demolition works, and the land–use requirements during the construction and operational phases;

• (c) a description of the main characteristics of the operational phase of the development (in particular any production processes), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;

• (d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) and quantities and types of waste produced during the construction and operation phases.

2

A description of the reasonable alternatives (for example in terms of development design, technology, location, size and scale) studied by the applicant or appellant, which are relevant to the proposed development and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.

3

A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without implementation of the development as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of availability of environmental information and scientific knowledge.

4

A description of the factors specified in regulation 5(2) likely to be significantly affected by the development: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape.

5

A description of the likely significant effects of the development resulting from, inter alia:

• (a) the construction and existence of the development, including, where relevant, demolition works;

• (b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

• (c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

• (d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);

• (e) the cumulation of effects with other existing and/or approved development, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

• (f) the impact of the development on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the development to climate change;

• (g) the technologies and the substances used.

The description of the likely significant effects on the factors specified in regulation 5(2) should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the development. This description should take into account the environmental protection objectives established at Union or United Kingdom level (as they had effect immediately before exit day) which are relevant to the development including in particular those established under any law that implemented Council Directive 92/43/EEC and Directive 2009/147/EC.

6

A description of the forecasting methods or evidence used to identify and assess the significant effects on the environment, including details of the difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved.

7

A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-development analysis). That description should explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and should cover both the construction and operational phases.

8

A description of the expected significant adverse effects of the development on the environment deriving from the vulnerability of the development to risks to major accidents and/or disasters which are relevant to the development concerned. Relevant information available and obtained through risk assessments pursuant to Union legislation such as any law that implemented Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom as it had effect immediately before IP completion day or relevant assessments carried out pursuant to national legislation may be used for this purpose provided that the requirements of any law that implemented the Directive are met. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.

9

A non–technical summary of the information provided under paragraphs 1 to 8.

10

A reference list detailing the sources used for the descriptions and assessments included in the Environmental Statement.

Signed

Sealed with the Official Seal of the Department for Infrastructure on 11th May 2017

Angus Kerr — A senior officer of the — Department for Infrastructure

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

These Regulations revoke and replace the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015.

These Regulations implement, in respect of the planning system in Northern Ireland, Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment (O.J. No. L26, 28.1.2012, p.1), as amended by Council Directive 2014/52/EU (O.J. No. L124, 25.04.2014, p.1) which came into operation on 15 May 2014.

Part 1 defines terms used in the Regulations, sets out the Department’s power of direction, ensures that EIA development cannot be permitted without the consideration of environmental information, describes the environmental impact assessment process, sets out the matters that confirm that development is EIA development and provides that the Planning Appeals Commission (the Commission) can carry out council or Departmental functions in respect of appeals under section 58 or 60 of the 2011 Act.

Part 2 sets out pre-application procedures under which a developer can ask the council or Department to give a determination as to whether proposed development is EIA development or an opinion as to the information to be provided in an environmental statement.

Part 3 contains procedures to facilitate the preparation of environmental statements and the provision of information relevant to their preparation and sets out the minimum content and requirements when preparing an environmental statement.

Part 4 sets out procedures for dealing with applications on receipt by a council or the Department. These include those for determining whether or not the application is an EIA application, consideration of any environmental information previously provided, requiring an environmental statement to be provided and provisions for the Department to process EIA applications referred to it under section 29 of the 2011 Act without an environmental statement. The period for making a decision on planning applications or subsequent applications is extended for EIA applications.

Part 5 contains the publicity arrangements for environmental statements including the availability of copies, consultation requirements, the need for further information and evidence, and charges for the cost of printing and distributing the environmental statement.

Part 6 is new and ensures that, where the proposed development also requires a Habitats Regulations Assessment, the environmental impact assessment is coordinated with that assessment, sets out the procedures when considering whether planning permission or subsequent consent should be granted, specifies the factors to bear in mind when considering whether to impose monitoring measures, describes the information to accompany a decision and details the arrangements for informing the public of decisions.

Part 7 deals with development by a council, modifying the Regulations as appropriate.

Part 8 sets out transboundary procedures where development in Northern Ireland is likely either to affect other EEA states, or the reverse.

Part 9 contains the procedures for unauthorised development which is or appears to be EIA development.

Part 10 restricts the grant of planning permission under simplified planning zone and enterprise zone schemes and any development order made after the commencement of these Regulations.

Part 11 requires the council and the Department to perform their duties in an objective manner and avoid conflicts of interest, sets out the requirements to make information available for inspection, specifies the circumstances in which the Commission will allow people to appear before it and be heard, and the effect of the Commission’s report on determinations. It also details how electronic communications will apply to applications, applies the Regulations to the Crown and revokes the 2015 Regulations with saving and transitional provisions.

Schedule 1 lists the developments for which environmental assessment is mandatory. Schedule 2 lists, with thresholds/criteria, development for which environmental assessment is required if it has significant environmental effects. Schedule 3 lists the selection criteria to be taken into account to determine whether a development listed in Schedule 2 should be subject to an environmental impact assessment. Schedule 4 lists matters for inclusion in an environmental statement. Schedule 5 lists the extent of the revocations imposed by these Regulations.

A Regulatory Impact Assessment has been prepared in relation to these Regulations. A copy may be obtained from the Department for Infrastructure, Planning Policy Division, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB (Tel: 028 9054 0572) or accessed at http://www.planningni.gov.uk.

Footnotes

1

Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

2

• (a) Thermal power stations and other combustion installations with a heat output of 300 megawatts or more; and

• (b) Nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

3

• (a) Installations for the reprocessing of irradiated nuclear fuel.

• (b) Installations designed—

• (i) for the production or enrichment of nuclear fuel,

• (ii) for the processing of irradiated nuclear fuel or high-level radioactive waste,

• (iii) for the final disposal of irradiated nuclear fuel,

• (iv) solely for the final disposal of radioactive waste,

• (v) solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

4

• (a) Integrated works for the initial smelting of cast-iron and steel;

• (b) Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

5

Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos—

• (a) for asbestos–cement products, with an annual production of more than 20,000 tonnes of finished products;

• (b) for friction material, with an annual production of more than 50 tonnes of finished products; and

• (c) for other uses of asbestos, utilisation of more than 200 tonnes per year.

6

Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are—

• (a) for the production of base organic chemicals;

• (b) for the production of basic inorganic chemicals;

• (c) for the production of phosphorous–, nitrogen– or potassium–based fertilisers (simple or compound fertilisers);

• (d) for the production of basic plant health products and of biocides;

• (e) for the production of basic pharmaceutical products using a chemical or biological process;

• (f) for the production of explosives.

7

• (a) Construction of lines for long–distance railway traffic and of airports with a basic runway length of 2,100 metres or more;

• (b) Construction of motorways and express roads;

• (c) Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road would be 10 kilometres or more in a continuous length.

8

• (a) Inland waterways and ports for inland–waterway traffic which permit the passage of vessels of over 1,350 tonnes;

• (b) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

9

Waste disposal installations for the incineration, chemical treatment (as defined in Annex I to Directive 2008/98/EC), of the European Parliament and of the Council on waste and repealing certain directives²³, under heading D9) or landfill of hazardous waste (as defined in regulation 6 of the Hazardous Waste Regulations (Northern Ireland) 2005)²⁴.

10

Waste disposal installations for the incineration or chemical treatment (as defined in Annex I to Directive 2008/98/EC under heading D9) of non-hazardous waste with a capacity exceeding 100 tonnes per day.

11

Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.

12

• (a) Works for the transfer of water resources, other than piped drinking water, between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year;

• (b) In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the multi-annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5% of this flow.

13

Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2 point (6) of Directive 91/271/EEC²⁵.

14

Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas.

15

Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.

16

Pipelines with a diameter of more than 800 millimetres and a length of more than 40 kilometres:

• for the transport of gas, oil or chemicals, or

• for the transport of carbon dioxide streams for the purposes of geological storage, including associated booster stations.

17

Installations for the intensive rearing of poultry or pigs with more than—

• (a) 85,000 places for broilers or 60,000 places for hens;

• (b) 3,000 places for production pigs (over 30 kg); or

• (c) 900 places for sows.

18

Industrial plants for—

• (a) the production of pulp from timber or similar fibrous materials;

• (b) the production of paper and board with a production capacity exceeding 200 tonnes per day.

19

Quarries and open–cast mining where the surface of the site exceeds 25 hectares, or peat extraction where the surface of the site exceeds 150 hectares.

20

Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 kilometres.

21

Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more.

22

Storage sites pursuant Chapter 3 of Part 1 of the Energy Act 2008²⁴ and any law that implemented to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide²⁶.

23

Installations for the capture of carbon dioxide streams for the purposesof geological storage pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law that implemented Directive 2009/31/EC from installations covered by this Schedule, or where the total yearly capture of carbon dioxide is 1.5 megatonnes or more.

24

Any change to or extension of development listed in this Schedule where such a change or extension itself meets the thresholds, if any, or description of development set out in this Schedule.

Editorial notes