Planning and Development Act 2024
|
Screening for environmental impact assessment of local authority development and State authority development | ||
|
230. (1) (a) The competent authority shall carry out a screening for environmental impact assessment of relevant development consisting of local authority development where required to do so in accordance with section 225 , for the purpose of determining whether or not— | ||
(i) in the case of proposed development, the proposed development (either of itself or cumulatively with any other project) is likely to have significant effects on the environment, or | ||
(ii) in the case of development already carried out, the development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment. | ||
(b) The competent authority shall carry out a screening for environmental impact assessment of relevant development consisting of State authority development where required to do so in accordance with section 225 , for the purpose of determining whether or not— | ||
(i) in the case of proposed development, the proposed development (either of itself or cumulatively with any other project) is likely to have significant effects on the environment, or | ||
(ii) in the case of development already carried out, the development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment. | ||
(2) For the purpose of the carrying out of a screening for environmental impact assessment under this section, the local authority or State authority concerned shall prepare the following information: | ||
(a) a map identifying the location of the relevant development concerned; | ||
(b) a description of the relevant development, including in particular— | ||
(i) a description of the physical characteristics of the relevant development and, where applicable, of demolition works, and | ||
(ii) a description of the location of the relevant development, with particular regard to the environmental sensitivity of geographical areas likely to be affected; | ||
(c) a description of the aspects of the environment that have been, are being or are likely to be significantly affected by the relevant development (whether of itself or cumulatively with any other project); | ||
(d) a description (to the extent that the information is available) of any, or any likely, significant effects on the environment resulting from— | ||
(i) any expected residues, emissions or waste, or | ||
(ii) the use of natural resources, in particular soil, land, water and biodiversity, | ||
attributable to the carrying out of the relevant development; | ||
(e) a description of any features of the relevant development, or measures proposed in connection with the relevant development, that it is envisaged will avoid or prevent what might otherwise have been significant adverse effects on the environment; and | ||
(f) the result of any other assessment of the effects of the relevant development on the environment carried out under— | ||
(i) an act (other than the Environmental Impact Assessment Directive) of the European Union, or | ||
(ii) an enactment giving effect to an act (other than the Environmental Impact Assessment Directive) of the European Union. | ||
(3) For the purpose of the carrying out of a screening for environmental impact assessment under this section, the competent authority may consult with such persons as the competent authority considers appropriate. | ||
(4) The competent authority shall, for the purpose of determining whether or not a relevant development consisting of local authority development or State authority development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, assess the nature and location or proposed location of the relevant development concerned and the nature of its potential impact on the environment, having regard to the information prepared in accordance with subsection (1) and to the criteria prescribed under paragraph (f) of subsection (2) of section 225 . | ||
(5) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that a relevant development consisting of local authority development or State authority development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, then, subject to subsection (4) of section 225 — | ||
(a) an environmental impact assessment of the relevant development in accordance with section 236 shall be required, and | ||
(b) 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. | ||
(6) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that a relevant development consisting of local authority development or State authority development (either of itself or cumulatively with any other project) has not had, is not having and is not likely to have significant effects on the environment, an environmental impact assessment of the relevant development shall, subject to any determination of the Commission referred to in subsection (11), not be required. | ||
(7) 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 a submission 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. | ||
(8) The competent authority shall, not later than 3 days after the making of a determination under this section, comply with subsection (7). | ||
(9) Where the competent authority makes a determination under this section that an environmental impact 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 (7), appeal that determination to the Commission. | ||
(10) 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 environmental impact assessment of the relevant development concerned, and | ||
(b) make a determination as to whether or not that relevant development has had, is having or is likely to have significant effects on the environment, | ||
and subsection (4) shall apply for the purposes of this subsection as if references therein to competent authority included references to the Commission. | ||
(11) Where, on the basis of a screening for environmental impact assessment carried out under this section, the Commission makes a determination that a relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment— | ||
(a) an environmental impact assessment of the relevant development in accordance with section 236 shall be required, and | ||
(b) 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. | ||
(12) Where, on the basis of a screening for environmental impact assessment carried out under this section, the Commission makes a determination that a relevant development (either of itself or cumulatively with any other project) has not had, is not having and is not likely to have significant effects on the environment, an environmental impact assessment of the relevant development shall not be required. | ||
(13) The Commission shall— | ||
(a) give notice of a determination (including the reasons for the determination) under subsection (10) 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. | ||
(14) (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 environmental impact 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 environmental impact 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 environmental impact 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 environmental impact assessment of that relevant development under this section. | ||
(15) 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 the 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. |