S.I. No. 458/2000 - Local Government (Planning and Development) (No. 2) Regulations, 2000.

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 10 of the Local Government (Planning and Development) Act, 1963 (No. 28 of 1963), and by section 78 of that Act (as amended by article 4 of the European Communities (Environmental Impact Assessment) (Amendment) Regulations, 2000), hereby makes the following regulations:—

Citation

1. (1) These Regulations may be cited as the Local Government (Planning and Development) (No. 2) Regulations, 2000.

(2) The collective citation “the Local Government (Planning and Development) Regulations, 1994 to 2000” shall include these Regulations.

Commencement.

2. These Regulations shall come into operation on 1 January 2001.

Interpretation.

3. In these Regulations:—

“the 1994 Regulations” means the Local Government (Planning and Development) Regulations, 1994 ( S.I. No. 86 of 1994 ).

Requirement to prepare environmental impact statement in respect of certain other proposed developments

4. Article 117 of the 1994 Regulations is hereby amended by the substitution of the following article:—

“117. Where development proposed to be carried out by or on behalf of a local authority would be of a class referred to in article 116 but for not exceeding a quantity, area or other limit for the time being specified in relation to that class, the Board shall, where it considers that the said development would be likely to have significant effects on the environment, require the local authority to cause an environmental impact statement to be prepared in respect of that development.”

Certain development not to be carried out without certification of the Board.

5. Article 119 of the 1994 Regulations is hereby amended by the substitution of the following article:—

“119. Proposed development in respect of which an environmental impact statement has been prepared in accordance with article 116 or pursuant to a requirement under article 117 shall not be carried out unless the Board has certified, following an application to it in accordance with article 123, that the proposed development (or the proposed development as varied or modified by the Board in accordance with article 127), in its opinion, will not have significant adverse effects on the environment, or will embody the best practicable means to prevent or limit such effects.”.

Amendment of articles 120, 122 and 123 of the 1994 Regulations.

6. Articles 120, 122 and 123 of the 1994 Regulations are hereby amended by the substitution of “Board” for “Minister”.

Further information.

7. Article 124 of the 1994 Regulations is hereby amended by the substitution of the following article:—

“124. (1) The Board may, where it consider it necessary so to do, require a local authority which has applied in accordance with article 123 for certification for proposed development to furnish to it such further information in relation to the effects on the environment of the proposed development as the Board may specify.

(2)  (a)  The Board shall, where it considers that further information received pursuant to a requirement under sub-article (1) contains significant additional data in relation to the effects on the environment of the proposed development, require the local authority—

(i) to publish in a newspaper circulating in the area in which the proposed development would be situated a notice stating that further information in relation to the effects of the proposed development has been furnished to the Board, that the further information will be available, for inspection free of charge and for purchase, at the offices of the local authority at specified times during a period of three weeks beginning on the day of publication of the notice and that submissions or observations in relation to the further information may be made in writing to the Board before the expiration of the said period,

(ii) to send notice of the furnishing of the further information to the Board, and a copy of the further information, to any body to which notice was given pursuant to article 122, and to indicate to the body concerned that submissions or observations in relation to the further information may be made in writing to the Board before the expiration of a period of three weeks beginning on the day on which the notice is sent to the body concerned by the local authority.

(b) Copies of further information in respect of which notice is published pursuant to a requirement under sub-article (2)(a)(i) shall be made available for purchase during the period referred to in sub-article (2)(a)(i) for such fee as the local authority may fix not exceeding the reasonable cost of making the copy.”.

Consultation with other member States of European Communities.

8. Article 125 of the 1994 Regulations is hereby amended by the substitution of the following article:—

“125. (1) The Board shall, as soon as may be, notify the Minister of any application for certification:—

(a) which has been made in accordance with article 123, and

(b) (i) which, in the opinion of the Board, relates to development likely to have significant effects on the environment in another Member State of the European Communities, or

(ii) where another Member State of the European Communities considers that the said development would be likely to have the said effects and has requested that it be provided with information in relation to the proposed development.

(2) The Board shall furnish to the Minister a copy of any environmental impact statement received in relation to an application in respect of which notice is given to the Minister pursuant to sub-article (1).

(3) The Board, having consulted with the Minister, shall consult with any relevant Member State in relation to the effects on the environment of proposed development which is subject to an application referred to in sub-article (1).”.

Oral hearings.

9. The 1994 Regulations are hereby amended by the insertion after article 125 thereof of the following article:

“125A. (1) The Board shall have an absolute discretion to hold an oral hearing in relation to proposed development under this Part.

(2) Sub-sections (4) to (7) of section 82 of the Act of 1963 (as amended by section 20 of the Act of 1992) and Chapter V of Part V of these Regulations shall apply to oral hearings under this Part, subject to the modifications that—

(a) references to oral hearings in those subsections and that Chapter shall be construed as references to oral hearings under this article, and

(b) references to relevant persons in that Chapter shall be construed as references to the local authority and to any persons or bodies who made submissions or observations in relation to the effects on the environment of the proposed development in accordance with this Part.”.

Board to have regard to certain matters in considering application for certification.

10. Article 126 is hereby amended by the substitution of the following article:—

“126. The Board shall, when considering an application for certification made in accordance with article 123, have regard to—

(a) the environmental impact statement prepared in respect of the proposed development in accordance with article 116 or pursuant to a requirement under article 117 (including any additional information furnished by the local authority pursuant to a requirement under article 124(1)),

(b) any submissions or observations made to it in accordance with this Part,

(c) the report and any recommendations of the person conducting an oral hearing, if any, in accordance with article 125A or in accordance with section 218 of the Planning and Development Act, 2000 (No. 30 of 2000), and

(d) the views of other Member States of the European Communities arising from consultation, if any, in accordance with article 125.”

Power of Board to vary or modify proposed development.

11. Article 127 is hereby amended by the substitution of the following article:—

“127. (1) the Board may, in certifying proposed development in accordance with article 119, direct that the proposed development shall be varied or modified in such manner as it considers necessary or appropriate to ensure that the proposed development, in its opinion, will not have significant adverse effects on the environment, or will embody the best practicable means to prevent or limit such effects.

(2) Where the Board in certifying proposed development directs that the proposed development shall be varied or modified, the development shall not be carried out save in conformity with that direction.”.

Notice of Board's decision in relation to application for certification.

12. Article 128 is hereby amended by the substitution of the following article:—

“128. (1) The Board shall cause notice of its decision in relation to an application for certification in accordance with article 123 to be published in a newspaper circulating in the area in which the proposed development would be situated.

(2) When the Board makes a decision referred to in sub-article (1), the relevant local authority shall make the environmental impact statement concerned and the decision available for inspection at specified times during a specified period (which shall be not less than one month beginning on the day of publication of the notice).

(3) Where there has been consultation with a Member State of the European Communities in accordance with article 125 in relation to the effect on the environment of a proposed development, notice of the board's decision in relation to the application for certification shall be given to that Member State.”.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The purpose of these Regulations is to transfer the functions of certifying environmental impact assessment of local authority own development from the Minister for the Environment and Local Government to an Board Pleanála on 1 January 2001. The Regulations contain amendments to Part IX of the Local Government (Planning and Development) Regulations, 1994, as amended. The transfer of the certification function coincides with the transfer of the Minister's function in relation to the approval of compulsory purchases of land by local authorities in accordance with sections 214 and 215 of the Planning and Development Act, 2000 .