Planning and Development Act 2024

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Application for screening determination prior to application for permission for relevant development

231. (1) A person intending to apply for permission for a relevant development may, before making an application for permission, apply to the competent authority to which such an application for permission is required to be made under Part 4 for a screening determination as to whether an environmental impact assessment is required to be carried out in respect of the relevant development concerned.

(2) Subject to subsections (3), (4), (5) and (6), where a competent authority receives an application for a screening determination under subsection (1), it shall carry out a screening for environmental impact assessment and make a screening determination in accordance with section 229 .

(3) An application for a screening determination under subsection (1) shall include—

(a) the name of the applicant and the address in the State where he or she normally resides (or where the applicant is a body corporate or unincorporated body of persons, the address of its principal office in the State),

(b) where the applicant for the screening determination is not the owner of the land on which the relevant development is proposed to be carried out, the name of that owner and the address in the State where he or she normally resides (or where that owner is a body corporate or unincorporated body of persons, the address of its principal office in the State), and

(c) where neither the applicant for the screening determination nor the owner of the land on which the relevant development is proposed to be carried out is the occupier of that land, the name of the occupier of that land and the address in the State where he or she normally resides (or where that occupier is a body corporate or unincorporated body of persons, the address of its principal office in the State).

(4) Where the applicant for a screening determination under subsection (1) is not the owner of the land on which the relevant development is proposed to be carried out, the competent authority shall, by notice in writing, invite—

(a) the owner (if any), and

(b) where neither the owner nor the applicant for the screening determination is the occupier of the land, the occupier (if any) of that land,

to make a submission to the competent authority in relation to the application for a screening determination within such period as may be specified in the notice.

(5) Where a competent authority considers that an application made to it under subsection (1) is incomplete in any material detail, it may, at its discretion—

(a) reject the application, giving notice of its decision and the reasons therefor to the applicant and any person consulted or required to be consulted under subsection (4), or

(b) request further information from the applicant for a screening determination in accordance with subsection (4) of section 229 .

(6) (a) A competent authority shall, subject to paragraph (b), make a screening determination on an application made to it under subsection (1) not later than 90 days after receipt from the applicant for the screening determination of the information required to be submitted in accordance with subsection (3) of section 229 .

(b) Where a competent authority considers that exceptional circumstances (which may include those relating to the nature, complexity, location or size of the proposed relevant development) exist that prevent it from making a screening determination within the period of 90 days referred to in paragraph (a), it may extend the period and, where it does so, it shall, by notice in writing, inform—

(i) the applicant for the screening determination, and

(ii) any person who made a submission in accordance with subsection (4) or who was consulted in accordance with paragraph (c) of subsection (4) of section 229 ,

of the reasons therefor and of the date when it expects to make its determination.

(7) A competent authority shall, as soon as may be after making a screening determination on an application made to it under subsection (1)—

(a) give notice of the determination (including the reasons for the determination) to—

(i) the applicant for the screening determination, and

(ii) any person who made a submission in accordance with subsection (4) or who was consulted in accordance with paragraph (c) of subsection (4) of section 229 ,

(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 notice of the determination (including the reasons for the determination) on a website maintained by or on behalf of the competent authority.