Planning and Development Act 2024
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Screening for appropriate assessment of local authority development and State authority development | ||
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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— | ||
(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. | ||
(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). | ||
(c) In this subsection— | ||
“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. |