Planning and Development Act 2024

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Appropriate assessment of plans

205. (1) Prior to the making of a plan to which a determination under subsection (3) of section 202 applies, the competent authority shall carry out an appropriate assessment of the proposed plan.

(2) For the purpose of carrying out an appropriate assessment under this section, the competent authority may—

(a) consult with such persons (other than persons who made submissions pursuant to an invitation under subsection (2) of section 204 ) as the competent authority considers appropriate, or

(b) further consult with such persons who made submissions pursuant to an invitation under subsection (2) of section 204 as it considers appropriate.

(3) The competent authority shall take into account each of the following when carrying out an appropriate assessment under this section:

(a) the Natura impact report;

(b) the results of any consultation carried out by the competent authority in accordance with subsection (2);

(c) any written submissions made to the competent authority pursuant to an invitation—

(i) in a notice under subsection (1) of section 204 , or

(ii) under subsection (2) of that section;

and

(d) any other information that the competent authority considers relevant.

(4) When carrying out an appropriate assessment under this section, the competent authority shall, based on the best scientific knowledge and having regard to the conservation objectives relating to the European site concerned—

(a) identify all likely significant effects of the proposed plan on the site,

(b) assess the extent of those effects and their implications for the site,

(c) where relevant, consider the likely effectiveness of any measures proposed to be taken to avoid or reduce potential adverse effects to the site, and

(d) having regard to the matters identified and assessments made in accordance with paragraphs (a) and (b) and any proposed measures referred to in paragraph (c), make a determination as to whether or not any reasonable scientific doubt exists as to the absence of adverse effects on the integrity of any European site.

(5) (a) Where, on the basis of an appropriate assessment carried out under this section, the competent authority concludes that no reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site, it shall make a determination to that effect.

(b) Where a competent authority makes a determination under paragraph (a), the plan concerned may be made in accordance with Part 3 .

(6) (a) Where, on the basis of an appropriate assessment carried out under this section, the competent authority concludes that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site, it shall make a determination to that effect.

(b) Where a competent authority makes a determination under paragraph (a), then, subject to subsection (7) and sections 206 and 207 , the plan concerned shall not be made under Part 3 .

(7) (a) Where, on the basis of an appropriate assessment carried out under this section, the competent authority concludes that no reasonable scientific doubt would exist as to the absence of adverse effects on the integrity of a European site were the proposed plan to be modified by the omission of a specified part or element of the plan, the competent authority may make a determination to that effect.

(b) Where—

(i) a competent authority makes a determination under paragraph (a), and

(ii) the proposed plan is modified by the omission of the part or element specified by the competent authority under paragraph (a),

the proposed plan as so modified may be made in accordance with Part 3 .

(8) (a) The competent authority shall publish a determination under this section and the reasons therefor on an internet website maintained by it or on its behalf.

(b) Where the competent authority is a regional assembly or a planning authority and it makes a determination under this section, it shall, in addition to complying with paragraph (a), make a copy of the determination and the reasons therefor available for inspection (free of charge) at its offices during normal office hours by members of the public.

(c) The competent authority shall comply with such other notification requirements as are provided for under Part 3 .

(9) Where a competent authority is required to publish a determination in accordance with paragraph (a) of subsection (8) it shall, to the extent required by Part 3, publish such determination with the notice of the making of the plan concerned.