Planning and Development Act 2024

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Approval on appeal with modification likely to have significant effect on environment

617. (1) If the Commission determines in accordance with subsection (1) of section 616 that a modification to the development scheme, 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, then it shall require the relevant planning authority to carry out a strategic environmental assessment or an appropriate assessment or both such assessments, as the case may be, in relation to the making of the proposed modification.

(2) Where subsection (1) applies, the Commission shall, without prejudice to the generality of that subsection, require the relevant planning authority—

(a) to notify, and send copies of the proposed modification of the development scheme concerned to, the Minister and prescribed authorities, and

(b) to publish a notice of the proposed modification of the development scheme concerned in at least one newspaper circulating in its functional area.

(3) A notice under paragraph (b) of subsection (2) shall state—

(a) the reason for the proposed modification,

(b) that a copy of the proposed modification, along with any assessment undertaken in accordance with subsection (1), may be inspected at a stated place or places and at stated times during a stated period of not less than 4 weeks (and the copy shall be kept available for inspection accordingly), and

(c) that written submissions or observations with respect to the proposed modification may be made to the planning authority within the stated period, being a period of not less than 4 weeks, and any such submissions or observations will be taken into consideration before making a decision on the proposed modification.

(4) Not later than 8 weeks after the date of the notice under paragraph (b) of subsection (2) or such further period as the planning authority requires to complete any assessment that may be required pursuant to subsection (1) and agrees with the Commission, the planning authority shall prepare a report on any submissions or observations received on foot of that notice and shall submit the report to the Commission for its consideration.

(5) A report under subsection (4) shall—

(a) list the persons who made submissions or observations under this section,

(b) summarise the issues raised in the submissions and observations received,

(c) include, where and if required for the purposes of subsection (1)—

(i) the environmental report, and

(ii) the Natura impact report,

of the planning authority, and

(d) give the response of the planning authority to the issues raised, taking account of the proper planning and sustainable development of the area, the overall objectives of the development scheme, the statutory obligations of any local authority in the area and any relevant policies or objectives for the time being of the Government or of any Minister of the Government.

(6) Where a report has been submitted to the Commission under subsection (4), the planning authority concerned shall, upon being requested by the Commission, provide it with copies of such submissions and observations to which that subsection relates as are so requested.

(7) The Commission shall have regard to any report under subsection (4) when determining an appeal under section 614 .