Planning and Development Act 2024
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Screening for environmental impact assessment of relevant development | ||
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229. (1) The competent authority shall carry out a screening for environmental impact assessment of a relevant development where— | ||
(a) in relation to relevant development in respect of which the applicant has applied or intends to apply for permission, an application for a screening determination is made to it under section 231 , | ||
(b) an application for permission for a relevant development to which paragraph (c) of subsection (2) of section 225 applies is made to it, or | ||
(c) an application for permission for a relevant development of a class prescribed under paragraph (a) of subsection (3) of section 225 applies is made to it and the competent authority has carried out an examination in accordance with paragraph (b) of the said subsection (3) and determined that the possibility of significant effects on the environment arising from the relevant development concerned cannot be excluded, | ||
for the purpose of determining whether or not— | ||
(i) in the case of proposed development in respect of which an application for permission under Chapter 3 or 4 of Part 4 is made or intended to be made, the proposed development is likely to have significant effects on the environment, or | ||
(ii) in the case of development in respect of which an application for retention permission under Chapter 3 of Part 4 is made or intended to be made, the development has had, is having or is likely to have significant effects on the environment. | ||
(2) The competent authority shall, where required to do so in accordance with section 225 , carry out a screening for environmental impact assessment of relevant development consisting of— | ||
(a) an alteration of the terms, or extension of duration, of a permission for development (other than local authority development or State authority development) requested under subsection (1) of section 140 , or | ||
(b) an alteration of the terms, or extension of duration, of a permission for local authority development or State authority development requested under subsection (1) of section 140 , | ||
for the purpose of determining whether or not the alteration or extension (either individually or in combination with any plan or other project) is likely to have significant effects on the environment. | ||
(3) For the purpose of the carrying out of a screening for environmental impact assessment by the competent authority under this section, an applicant for a screening determination or an applicant for permission for relevant development, as the case may be, shall provide the competent authority with the following information: | ||
(a) the name of the applicant and the address in the State where he or she normally resides (or where the applicant is a body corporate or unincorporated body of persons, the address of its principal office in the State), | ||
(b) a map identifying the location of the relevant development concerned; | ||
(c) a description of the relevant development, including in particular— | ||
(i) a description of the physical characteristics of the relevant development and, where applicable, of demolition works, and | ||
(ii) a description of the location of the relevant development, with particular regard to the environmental sensitivity of geographical areas likely to be affected; | ||
(d) a description of the aspects of the environment significantly affected or likely to be significantly affected by the relevant development (whether of itself or cumulatively with any other project); | ||
(e) a description (to the extent that the information is available) of any, or any likely, significant effects on the environment resulting from— | ||
(i) any expected residues, emissions or waste, or | ||
(ii) the use of natural resources, in particular soil, land, water and biodiversity, | ||
attributable to the carrying out of the relevant development; | ||
(f) a description of any features of the relevant development, or measures proposed in connection with the relevant development, that it is envisaged will avoid or prevent what might otherwise have been significant adverse effects on the environment; and | ||
(g) the result of any other assessment of the effects of the relevant development on the environment carried out under— | ||
(i) an act (other than the Environmental Impact Assessment Directive) of the European Union, or | ||
(ii) an Act of the Oireachtas, or instrument under an Act of the Oireachtas, giving effect to an act (other than the Environmental Impact Assessment Directive) of the European Union. | ||
(4) For the purpose of the carrying out of a screening for environmental impact assessment under this section, the competent authority may— | ||
(a) where the applicant for a screening determination or the applicant for permission, as the case may be, has failed to provide any of the information specified in subsection (3), request such information, | ||
(b) request such additional information from the applicant for a screening determination or the applicant for permission, as the case may be, as it considers necessary to enable it to carry out that assessment, or | ||
(c) consult with such persons as the competent authority considers appropriate. | ||
(5) Where the applicant for a screening determination or the applicant for permission, as the case may be, does not provide the competent authority with any information requested under paragraph (a) or (b) of subsection (4)— | ||
(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. | ||
(6) The competent authority shall, for the purpose of determining whether or not a relevant development has had, is having or is likely to have significant effects on the environment, assess the nature and location or proposed location of the relevant development concerned and the nature of its potential impact on the environment, having regard to the criteria prescribed under paragraph (f) of subsection (2) of section 225 . | ||
(7) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that the relevant development concerned (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, the competent authority shall, subject to subsection (6) of section 225 and before determining any application for permission for that development, carry out an environmental impact assessment of the relevant development in accordance with section 236 . | ||
(8) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that the relevant development concerned (either of itself or cumulatively with any other project) has not had, is not having and is not likely to have significant effects on the environment, an environmental impact assessment of the relevant development shall not be required. | ||
(9) Notwithstanding a determination under subsection (8), a competent authority may, at any time following the making of an application for permission, determine that the carrying out of an environmental impact assessment of the relevant development concerned in accordance with section 236 is required before the competent authority determines the application, but only where, subsequent to the making of the determination under subsection (8), it has formed the view that the relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment. | ||
(10) (a) Where a competent authority makes a determination under subsection (7) or (9), it may give a notice to the applicant for permission requiring him or her to provide the competent authority with an environmental impact assessment report in relation to the relevant development concerned within— | ||
(i) such period as is specified in the notice, or | ||
(ii) such further period as the competent authority may subsequently agree to, at the request of the applicant for permission. | ||
(b) Where an applicant for permission to whom a notice is given under paragraph (a) fails to comply with a requirement of the notice, the application for permission concerned shall be deemed to be withdrawn. | ||
(11) Where, on the basis of a screening for environmental impact assessment carried out under this section upon an application for a screening determination made to it under section 231 , the competent authority makes a determination that the relevant development concerned (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, an environmental impact assessment report shall be submitted with any subsequent application for permission for the relevant development to which the screening determination relates. | ||
(12) Where, on the basis of a screening for environmental impact assessment carried out under this section upon an application for a screening determination made to it under section 231 , the competent authority makes a determination that the relevant development concerned (either of itself or cumulatively with any other project) has not had, is not having and is not likely to have significant effects on the environment, it shall not be necessary to submit an environmental impact assessment report with any subsequent application for permission for the relevant development to which the screening determination relates. | ||
(13) Notwithstanding a determination under subsection (12), a competent authority may, at any time following the making of an application for permission for the relevant development to which that determination relates, determine that the carrying out of an environmental impact assessment of the relevant development concerned in accordance with section 236 is required before the competent authority determines the application, but only where, subsequent to the making of the planning application, it has formed the view that the relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment. | ||
(14) (a) Where subsection (13) applies— | ||
(i) the competent authority may give a notice to the applicant for permission requiring him or her to provide the competent authority with an environmental impact assessment report in relation to the relevant development concerned within— | ||
(I) such period as is specified in the notice, or | ||
(II) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission, | ||
and | ||
(ii) the competent authority shall, before determining the application for permission, carry out an environmental impact assessment of the relevant development concerned in accordance with section 236 . | ||
(b) Where an applicant for permission to whom a notice is given under subparagraph (i) of paragraph (a) fails to comply with a requirement specified in the notice, the application for permission concerned shall be deemed to be withdrawn. | ||
(15) A competent authority shall, as soon as may be after making a decision under Part 4 in relation to an application for permission— | ||
(a) give notice of any determination under this section (including the reasons for the determination) to— | ||
(i) the applicant, | ||
(ii) any person who made a submission in accordance with the applicable provisions of Part 4 or in the course of a consultation under paragraph (c) of subsection (4), and | ||
(iii) where applicable, any party to an appeal from a decision in relation to the application for permission, | ||
(b) make available for inspection (free of charge) by members of the public at its offices during normal office hours any determination (including the reasons for the determination) made under this section, and | ||
(c) publish notice of any determination (including the reasons for the determination) under this section on a website maintained by or on behalf of the competent authority. |