Planning and Development Act 2024

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Screening for appropriate assessment for purposes of determining if development is exempted development

214. (1) The competent authority shall carry out a screening for appropriate assessment of a relevant development—

(a) in respect of which—

(i) a request under section 10 is made for a declaration on the question of whether or not relevant development is exempted development, or

(ii) an appeal against any such declaration is brought,

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 a request or an appeal referred to in paragraph (a) is made or brought, 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 a request or an appeal referred to in paragraph (a) 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) For the purpose of performing its functions under this section, the competent authority may—

(a) require—

(i) the person who made the request under section 10 ,

(ii) any person who brought an appeal under section 10 , or

(iii) any other person as the competent authority considers appropriate,

to provide the competent authority with such information as it considers necessary to enable it to carry out the screening of the development for appropriate assessment, or

(b) consult with such persons as the competent authority considers appropriate.

(3) Where a person referred to in subparagraph (i) of paragraph (a) of subsection (2) fails to comply with a requirement under that subsection—

(a) within such period as may be specified in the requirement, or

(b) within such further period as the competent authority may subsequently agree to at the request of that person,

the request under section 10 shall be deemed to have been withdrawn.

(4) Where a person referred to in subparagraph (ii) of paragraph (a) of subsection (2) fails to comply with a requirement under that subsection—

(a) within such period as may be specified in the requirement, or

(b) within such further period as the competent authority may subsequently agree to, at the request of that person,

the appeal under section 10 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 relevant development shall not be exempted development and an appropriate assessment of the relevant development shall be required.

(6) The 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—

(i) the person who made the request under section 10 , and

(ii) the parties to any appeal under section 10 from a declaration under that section in relation to the request,

(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 the determination (including the reasons for the determination) on its internet website.