Planning and Development Act 2024

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Exemption from requirement for assessment by Commission

227. (1) A person may, before making an application for permission for relevant development, (other than development for which retrospective consent is required) under Chapter 4 of Part 4, request the Commission to grant an exemption in relation to the relevant development from the requirements of the Environmental Impact Assessment Directive and sections 229 and 236 and the Commission may, subject to this section, grant such exemption.

(2) Before deciding on a request made to it under subsection (1), the Commission shall—

(a) invite a planning authority in whose functional area the relevant development is proposed to be carried out to make observations to the Commission in relation to the request within such period as the Commission may specify,

(b) consider whether any Member State of the European Union or a Transboundary Convention state should be informed about the relevant development and, if the Commission considers that it should, invite that state to make observations to the Commission in relation to the request within such period as the Commission may specify, and

(c) consider any observations made in accordance with an invitation under paragraph (a) or (b).

(3) The Commission shall not grant an exemption under this section unless it is satisfied that—

(a) exceptional circumstances warrant the granting of such exemption,

(b) the application of the requirements of the Environmental Impact Assessment Directive and sections 229 and 236 would adversely affect the purpose of the relevant development concerned, and

(c) the objectives of the Environmental Impact Assessment Directive will be achieved by other means.

(4) Notwithstanding subsection (3), an exemption shall not be granted under this section in respect of a relevant development if any Member State of the European Union or a Transboundary Convention state, after having been informed about the relevant development concerned in accordance with paragraph (b) of subsection (2), informs the Commission that—

(a) it does not consider that the request for an exemption should be granted, or

(b) it wishes to be given an opportunity to make observations on the likely significant effects of the relevant development concerned on the environment.

(5) Where the Commission grants an exemption under this section, it shall—

(a) specify requirements in relation to the assessment of the effects (if any) of the relevant development concerned on the environment by means referred to in paragraph (c) of subsection (3),

(b) publish a notice of the grant, any requirements specified under paragraph (a), and the reasons for the grant—

(i) on an internet website maintained by it or on its behalf, and

(ii) in a national newspaper,

and

(c) send a copy of the notice published in accordance with paragraph (b) to—

(i) a planning authority in whose functional area the relevant development concerned is intended to be carried out,

(ii) any Member State of the European Union or a Transboundary Convention state that the Commission invited to make observations in accordance with paragraph (b) of subsection (2), and

(iii) the European Commission.

(6) Where the Commission specifies requirements in accordance with paragraph (a) of subsection (5), a planning authority and the Commission shall comply with those requirements in determining any subsequent application for permission for the relevant development concerned.

(7) An application for permission for a relevant development shall not be made while a request under subsection (1) is pending before the Commission and any application made in contravention of this requirement shall not be a valid application for the purposes of Part 4 .

(8) The Commission shall, before granting an exemption under this section, inform the European Commission in writing of the reasons justifying the exemption.