Planning and Development Act 2024

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Environmental impact assessment of relevant development

236. (1) A competent authority shall, before deciding whether or not to grant permission for a relevant development, carry out an environmental impact assessment of a relevant development—

(a) in respect of which an environmental impact assessment report was submitted to the competent authority with the application for permission for the relevant development, or

(b) to which a screening determination under subsection (7), (9) or (13) of section 229 or 230 applies.

(2) An environmental impact assessment carried out under this section shall identify, describe and assess the direct and indirect significant effects of the relevant development concerned on the following:

(a) population and human health;

(b) biodiversity, with particular attention given to species and habitats protected under the Habitats Directive and the Birds Directive;

(c) land, soil, water, air and climate;

(d) material assets, cultural heritage and the landscape; and

(e) the interaction between the factors referred to in paragraphs (a), (b), (c) and (d).

(3) The identification, description and assessment of the effects of the relevant development concerned on the factors referred to in subsection (2) shall include the identification, description and assessment of expected effects deriving from any vulnerability of the relevant development to a risk of major accidents or disasters.

(4) The competent authority shall, for the purposes of carrying out the environmental impact assessment under this section—

(a) consider and examine—

(i) the environmental impact assessment report,

(ii) any information submitted to the competent authority pursuant to a request under subsection (4) of section 235 or paragraph (a) of subsection (5) of that section,

(iii) any submissions made to the competent authority in accordance with—

(I) a notice under subsection (3) of section 234 ,

(II) a notice under paragraph (c) of subsection (1), or paragraph (a) of subsection (7), of section 235 , or

(III) an invitation under subsection (2) or (7) of section 235 ,

(iv) the results of any consultation carried out by the competent authority in accordance with subsection (3), or paragraph (b) of subsection (5), of section 235 ,

(v) any information provided or submissions made by a Member State of the European Union or a Transboundary Convention state in relation to potential transboundary environmental effects of the relevant development in accordance with regulations under section 238 , and

(vi) any other information that the competent authority considers relevant,

(b) reach a reasoned conclusion on the significant effects (if any) of the relevant development on the environment, and

(c) integrate that reasoned conclusion into its decision in relation to the application for permission under Part 4 .

(5) (a) A competent authority shall ensure that its reasoned conclusion in relation to a relevant development is up to date at the time when it makes a decision under Part 4 in relation to the application for permission concerned.

(b) Where the competent authority considers that a reasoned conclusion reached in accordance with paragraph (b) of subsection (4) is not up to date at the time when the competent authority is making its decision in relation to the application for permission concerned, the competent authority shall, before making that decision—

(i) exercise such of its powers under subsection (5) and (7) of section 235 as it considers necessary for the purpose of obtaining up to date information in relation to the relevant development concerned, and

(ii) set aside the reasoned conclusion already reached in relation to the relevant development and reach a new reasoned conclusion in accordance with subsection (4) in relation to the relevant development.

(6) Where a competent authority decides to grant permission for a relevant development in respect of which an environmental impact assessment has been carried out under this section, it may, in addition to any other condition that may be attached to the grant of permission in accordance with Part 4 , attach any of the following to the grant of permission:

(a) conditions requiring the implementation of any measures proposed by the applicant for permission for the purpose of avoiding, preventing, reducing or offsetting any likely significant adverse effects of the relevant development on the environment;

(b) conditions requiring the taking of such specified measures as the competent authority considers necessary or appropriate for the purpose of avoiding, preventing, reducing or offsetting any likely significant adverse effects of the relevant development on the environment;

(c) conditions requiring the making of arrangements for the monitoring of any likely significant adverse effects of the relevant development on the environment.

(7) A competent authority shall ensure that any conditions attached to a grant of permission in accordance with paragraph (c) of subsection (6) are proportionate having regard to the nature, location and size of the relevant development concerned and the likely significance of its effects on the environment.

(8) A competent authority shall—

(a) publish each reasoned conclusion reached by it under this section and any conditions attached to a grant of permission in accordance with subsection (6) on an internet website maintained by it or on its behalf,

(b) make the reasoned conclusion and any such conditions available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(c) by notice in writing inform—

(i) the applicant for permission,

(ii) any person (including any member state of the European Union or Transboundary Convention state) who made submissions to the competent authority in relation to the application for permission concerned, and

(iii) any party to an appeal under Chapter 3 of Part 4 of a decision in relation to an application for such permission,

of the reasoned conclusion and any such conditions.