Planning and Development Act 2024

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Consultation on environmental impact assessment report

235. (1) Where an environmental impact assessment report has been received by the competent authority it shall—

(a) publish the environmental impact assessment report on an internet website maintained by it or on its behalf,

(b) make the environmental impact assessment report available for inspection (free of charge) at its offices by members of the public during normal office hours, and

(c) publish a notice on that website—

(i) specifying where, the times at which, and the period during which, the environmental impact assessment report may be inspected in accordance with paragraph (b),

(ii) inviting submissions by members of the public with respect to the significant effects or likely significant effects of the relevant development on the environment, 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 and the environmental impact assessment report to such 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 (c) of subsection (1), submissions with respect to the significant effects or likely significant effects of the relevant development on the environment.

(3) Without prejudice to paragraph (a) of subsection (2), the Minister may prescribe persons who, in the opinion of the Minister have recognised environmental responsibilities, and any person so prescribed shall be consulted in relation to applications for permission for relevant development by reference to the nature, type or class of such development or the nature of the effects or likely effects of such development on the environment.

(4) Where a competent authority considers that an environmental impact assessment report submitted to it does not comply with the requirements of subsection (2) of section 234 , it shall request the applicant for permission to provide the competent authority with such information as it considers necessary to ensure compliance by that applicant with that subsection, unless it considers that the environmental impact assessment report submitted is so deficient that permission should be refused, in which case, it may refuse permission.

(5) For the purpose of carrying out an environmental impact assessment under section 236 , the competent authority may at any time before it makes a decision under Part 4 in relation to an application for permission for a relevant development—

(a) request such additional information from the applicant for permission as it considers necessary to enable it to carry out the environmental impact assessment, or

(b) consult with such persons as the competent authority considers appropriate.

(6) Where the applicant for permission does not provide the competent authority with any information requested under subsection (4) or paragraph (a) of subsection (5)—

(a) within such period as may be specified in the request, or

(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

the application for permission shall be deemed to have been withdrawn.

(7) Where, pursuant to a request under subsection (4) or paragraph (a) of subsection (5), a competent authority receives from an applicant for permission for a relevant development information that the competent authority considers to be significant additional information concerning the significant effects or likely significant effects of the relevant development concerned on the environment, the competent authority shall—

(a) require the applicant for permission to publish a notice in a newspaper stating—

(i) that he or she has submitted to the competent authority significant additional information concerning the significant effects or likely significant effects of the relevant development concerned on the environment,

(ii) that the additional information submitted will be available for inspection (free of charge) by members of the public at the offices of the competent authority during normal office hours,

(iii) that the additional information will be published on an internet website maintained by or on behalf of the competent authority, and

(iv) that any person may make submissions within such period (which shall not be less than 30 days from the date of the notice) as is specified by the competent authority,

(b) publish the additional information on an internet website maintained by it or on its behalf,

(c) make the additional information available for inspection (free of charge) at its offices by members of the public during normal office hours,

(d) send a copy of the additional information to any person prescribed for the purposes of paragraph (a) of subsection (2) or under subsection (3), and

(e) invite each person so prescribed to make, during the period referred to in subparagraph (iv) of paragraph (a), submissions with respect to the significant effects or likely significant effects of the relevant development on the environment.

(8) (a) Where a competent authority is required by this Chapter to give notice to any person of, or in relation to, any matter, neither this Chapter nor Part 4 shall be construed in a manner that would prevent 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 in a manner that would prevent 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.