Planning and Development Act 2024

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Obligation to carry out screening for appropriate assessment of plans

202. (1) The competent authority shall carry out a screening for appropriate assessment of a proposed plan that is not directly connected with, or necessary for, the management of a European site, for the purpose of determining whether or not the proposed plan (either individually or in combination with any project or other plan) 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 the carrying out of a screening for appropriate assessment under this section, the competent authority may consult with such persons as the competent authority considers appropriate.

(3) (a) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority determines that the likelihood of a proposed plan (either individually or in combination with any project or other plan) having significant effects on a European site cannot be excluded, the competent authority shall, before the making of the plan, carry out an appropriate assessment of the proposed plan in accordance with section 205 .

(b) In this subsection “proposed plan” includes a proposed modification, amendment or alteration of a proposed plan.

(4) (a) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority determines that the likelihood of a proposed plan (either individually or in combination with any project or other plan) having significant effects on a European site can be excluded, an appropriate assessment of the proposed plan concerned shall not be required.

(b) In this subsection “proposed plan” includes a proposed modification, amendment or alteration of a proposed plan.

(5) Where, subsequent to the making of a determination under subsection (3) or subsection (4) and before a plan is made, it is proposed to—

(a) modify (other than in accordance with a determination under subsection (7) of section 205 ), or

(b) otherwise amend or alter,

the proposed plan to which the determination under subsection (3) or (4) applies, the competent authority shall—

(i) carry out a screening for appropriate assessment of the proposed modification, amendment or alteration of the proposed plan concerned, and

(ii) make a determination under subsection (3) or (4) in relation to the proposed modification, amendment or alteration.

(6) Where, on the basis of a screening for appropriate assessment carried out in accordance with subsection (5), the competent authority determines that the likelihood of a proposed modification, amendment or alteration of a proposed plan (either individually or in combination with any project or other plan) having significant effects on a European site cannot be excluded, the competent authority shall—

(a) in the case of a proposed plan—

(i) that is proposed to be modified, amended or altered,

(ii) that has been the subject of a determination under subsection (3), and

(iii) in respect of which a Natura impact report relating to the proposed modification, amendment or alteration has been prepared in accordance with section 203 and public consultation has occurred in accordance with section 204 ,

comply with sections 203 and 204 in respect of the modification, amendment or alteration concerned for the purposes of ensuring that an appropriate assessment of the proposed plan as so modified, amended or altered is carried out in accordance with section 205 , or

(b) in the case of a proposed plan—

(i) that is proposed to be modified, amended or altered, and

(ii) that has been the subject of a determination under subsection (4),

carry out an appropriate assessment of the proposed plan as so modified, amended or altered in accordance with sections 203 , 204 and 205 .

(7) (a) Where a competent authority makes a determination under subsection (3) or (4), it shall publish a notice of the determination and the reasons therefor on an internet website maintained by it or on its behalf.

(b) Where the competent authority is a regional assembly or a planning authority and it makes a determination under subsection (3) or (4), it shall, in addition to complying with paragraph (a), make a copy of the determination and the reasons therefor available for inspection (free of charge) at its offices during normal office hours by members of the public.

(8) Where a competent authority is required to publish a notice in accordance with paragraph (a) of subsection (7) it shall, to the extent required by Part 3 , publish that notice with the notice of the proposal to make the plan concerned.