Planning and Development Act 2024

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Consultation on Natura impact statement

216. (1) Where a Natura impact statement has been received by the competent authority, it shall—

(a) publish the Natura impact statement and the application for permission concerned on an internet website maintained by it or on its behalf,

(b) publish any request referred to in subsection (3) of section 215 and the explanation in accordance with subsection (4) of that section on such internet website,

(c) make the Natura impact statement available for inspection (free of charge) at its offices by members of the public during normal office hours, and

(d) publish a notice on that website—

(i) specifying the times and places at which, and the period during which, a copy of that Natura impact statement and any request and explanation referred to in paragraph (b) may be inspected,

(ii) inviting submissions by members of the public with respect to the implications of the relevant development for any European site having regard to the conservation objectives relating to that site, and

(iii) specifying the period during which, and the manner in which, such submissions may be made.

(2) The competent authority shall—

(a) send a copy of the application for permission for the relevant development and the Natura impact statement to—

(i) such persons as are required to be consulted under Part 4 in relation to the application for permission, and

(ii) such other person or persons (if any) as may be prescribed,

and

(b) invite each such person to make, during the period referred to in subparagraph (iii) of paragraph (d) of subsection (1), submissions with respect to the implications of the relevant development for a European site having regard to the conservation objectives relating to that site.

(3) Where a Natura impact statement includes a request referred to in subsection (3) of section 215 containing an explanation in accordance with subsection (4) of that section—

(a) the notice published under paragraph (d) of subsection (1) shall include—

(i) a statement to that effect,

(ii) an invitation to members of the public—

(I) to make submissions to the competent authority in relation to that explanation, and

(II) specifying the period during which, and the manner in which, such submissions may be made,

and

(iii) a statement to the effect that the request (including the explanation that it contains in accordance with the said subsection (4)) and any submissions made pursuant to an invitation under subparagraph (ii) shall not be considered by the competent authority unless and until it has made a determination under paragraph (a) of subsection (7) of section 217 that a reasonable scientific doubt exists as to the absence of adverse effects of the relevant development on the integrity of a European site,

and

(b) the competent authority shall—

(i) send a copy of that notice to such persons (if any) as may be prescribed for the purposes of this paragraph, and

(ii) invite each such person to make submissions to the competent authority in relation to that explanation within the period and in the manner specified under clause (II) of subparagraph (ii) of paragraph (a).

(4) (a) Where a competent authority is required by this Part to give notice to any person of, or in relation to, any matter, neither this Part nor Part 4 shall be construed as preventing the competent authority from using that notice to comply with a requirement under Part 4 to give notice to that person of, or in relation to, any other matter.

(b) Where a competent authority is required by this Part to publish any information or material, neither this Part nor Part 4 shall be construed as preventing the competent authority from publishing, with that information or material, any information or material that the competent authority is required to publish under Part 4.