Planning and Development Act 2024
|
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, | ||
or | ||
(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. |