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Approval on appeal with modification not likely to have significant effect on environment
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616. (1) If the Commission determines that the making of a modification to a development scheme on an appeal would not constitute a change in the overall objectives of the development scheme but would constitute the making of a material change to the scheme, the Commission shall—
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(a) determine whether the extent and character of the modification it is considering are such that the modification, if it were made, would be likely to have significant effects on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site, and
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(b) for the purpose of so determining, reach a final decision as to the extent and character of any alternative modification the making of which it is also considering.
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(2) If the Commission determines that the modification, if it were made, would not be likely to have significant effects on the environment (within the meaning of Annex II of the Strategic Environmental Assessment Directive) or on a European site, then it may approve the making of the development scheme concerned with the modification.
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