Planning and Development Act 2024
|
Appropriate assessment of relevant development | ||
|
217. (1) Prior to deciding whether or not to grant permission, the competent authority shall carry out an appropriate assessment of a relevant development to which a determination under subsection (5) or (7) of section 212 applies. | ||
(2) For the purpose of carrying out an appropriate assessment under this section, the competent authority may— | ||
(a) request such information (including a revised Natura impact statement) or such further information or clarification from the applicant for permission as it considers necessary to enable it to carry out that assessment, 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). | ||
(3) Where the applicant for permission does not provide the competent authority with the information requested under paragraph (a) of subsection (2) within— | ||
(a) such period as is specified in the request under that paragraph, or | ||
(b) any further period (commencing on the expiration of the first-mentioned period) to which the competent authority may, at the request of the applicant, agree, | ||
the application for permission shall be deemed to have been withdrawn. | ||
(4) The competent authority shall take into account each of the following when carrying out an appropriate assessment under this section: | ||
(a) the Natura impact statement (but not any request or explanation referred to in subsection (3) or (4) of section 215 ); | ||
(b) any information obtained by the competent authority pursuant to a request under paragraph (a) of subsection (2); | ||
(c) the results of any consultation carried out by the competent authority in accordance with paragraph (b) of subsection (2); | ||
(d) any written submissions made to the competent authority pursuant to an invitation under subsection (1) or (2) of section 216 ; | ||
(e) any other information that the competent authority considers relevant. | ||
(5) When carrying out an appropriate assessment, the competent authority shall, based on the best scientific knowledge and having regard to the conservation objectives relating to the European site concerned— | ||
(a) identify all likely significant effects of the relevant development on the site, | ||
(b) assess the extent of those effects and their implications for the site, | ||
(c) where relevant, consider the likely effectiveness of any measures— | ||
(i) proposed by the applicant for permission, or | ||
(ii) that the competent authority considers it appropriate to require the applicant to take in accordance with a condition attached to any subsequent grant of permission, | ||
to avoid or reduce potential effects to the site, and | ||
(d) having regard to— | ||
(i) the matters identified and assessments made in accordance with paragraphs (a) and (b), and | ||
(ii) the effectiveness of any measures referred to in paragraph (c), | ||
make a determination as to whether or not any reasonable scientific doubt exists as to the absence of adverse effects on the integrity of any European site. | ||
(6) (a) Where, on the basis of an appropriate assessment under this section, the competent authority concludes that no reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site it shall make a determination to that effect. | ||
(b) Where a competent authority makes a determination under paragraph (a), it may grant permission for the relevant development concerned in accordance with Part 4. | ||
(c) Where a determination under paragraph (a) is based wholly or partly on the implementation of measures referred to in paragraph (c) of subsection (5), the competent authority shall attach a condition to the grant of permission concerned requiring that those measures be implemented. | ||
(7) (a) Where, on the basis of an appropriate assessment under this section, the competent authority concludes that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site it shall make a determination to that effect. | ||
(b) Where a competent authority makes a determination under paragraph (a), it shall, subject to sections 219 and 221 , refuse to grant permission under Part 4 for the relevant development concerned. | ||
(8) The 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 a determination under this section (including the reasons for the determination) to— | ||
(i) the applicant for permission, | ||
(ii) any person who made submissions to the competent authority in relation to the application for permission concerned, and | ||
(iii) where applicable, any party to an appeal of a decision in relation to an application for such permission, | ||
(b) make a determination under this section (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 determination under this section (including the reasons for the determination) on an internet website maintained by it or on its behalf. |