Planning and Development (Housing) and Residential Tenancies Act 2016
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Chapter 2 Environmental impact assessment - screening | ||
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Screening for environmental impact assessment | ||
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26. The Act of 2000 is amended by inserting the following section after section 176: | ||
“Application for screening for environmental impact assessment | ||
176A. (1) In this section— | ||
‘screening determination for environmental impact assessment’ means a determination made as part of a screening for environmental impact assessment; | ||
‘screening for environmental impact assessment’ means a determination— | ||
(a) as to whether a proposed development would be likely to have significant effects on the environment, and | ||
(b) if the development would be likely to have such effects, that an environmental impact assessment is required. | ||
(2) (a) Subject to section 176B, where a proposed development is of a class standing specified in Part 2 of Schedule 5 to the Planning and Development Regulations 2001 and does not exceed the relevant quantity, area or other limit standing specified in that Part, an application for a screening for environmental impact assessment in respect of that development may be submitted to the planning authority in whose area the development would be situated. | ||
(b) Subject to section 176B, where a proposed development is of a class standing prescribed under section 176 for the purposes of this paragraph, an application for a screening for environmental impact assessment in respect of that development shall be submitted to the planning authority in whose area the development would be situated. | ||
(3) An application under subsection (2) shall contain— | ||
(a) the name and address of the applicant, | ||
(b) where the applicant is not the owner or occupier of the land the subject of the proposed development, the name and address of the owner and, where the owner is not the occupier of the land, the occupier, | ||
(c) a location map for the proposed development, | ||
(d) a description of the nature and extent of the proposed development and its likely effects on the environment, and | ||
(e) any such other information as may be prescribed by the Minister, | ||
and be accompanied by such fee as may be prescribed under section 246(1)(ca). | ||
(4) For the purposes of enabling a planning authority to carry out a screening for environmental impact assessment on foot of an application under subsection (2), the authority may do either or both— | ||
(a) seek further information that it considers necessary from the applicant or any other person that the authority considers appropriate, and | ||
(b) consult any body prescribed by the Minister for the purposes of this subsection and consider any views of that body, | ||
and, where paragraph (a) or (b) applies, the authority shall specify the period within which the information or views concerned are required to be received by the authority. | ||
(5) Where the applicant is not the owner or occupier of the land the subject of the proposed development, the planning authority concerned shall invite in writing— | ||
(a) the owner to make a submission on an application made under subsection (2), and | ||
(b) where the owner is not the occupier of the land, the occupier of that land to make such a submission, | ||
and, where paragraph (a) or (b) applies, the authority shall specify the period within which the submission or submissions is or are required to be received by the authority. | ||
(6) A planning authority may reject an application under subsection (2) if in the opinion of the authority the application is incomplete in any material detail. | ||
(7) Where a planning authority rejects an application in accordance with subsection (6) it shall— | ||
(a) subject to subsection (8), return the documents to which subsection (3) relates to the applicant, together with any fee received from the applicant, and | ||
(b) give reasons for its decision to the applicant, | ||
and, where the applicant is not the owner or occupier of the land the subject of the proposed development, the planning authority shall also notify the owner and, where the owner is not the occupier of the land, the occupier of its decision under subsection (6). | ||
(8) Subsection (7) is without prejudice to the planning authority— | ||
(a) making a copy of a document, | ||
(b) retaining an electronic copy of a document, or | ||
(c) by agreement with the applicant concerned, retaining a document, | ||
to which that subsection relates. | ||
Screening for environmental impact assessment | ||
176B.(1) A planning authority shall, where appropriate, carry out screening for appropriate assessment in respect of a proposed development as provided for by section 177U(10) at the same time as carrying out a screening for environmental impact assessment (within the meaning of section 176A(1)) in respect of the development under subsection (2). | ||
(2) Subject to subsection (1), a planning authority shall, on foot of an application under subsection (2) of section 176A and to which subsections (6) and (7) of that section do not relate, carry out a screening for environmental impact assessment (within the meaning of section 176A(1)) in respect of the proposed development— | ||
(a) where further information, views or submissions— | ||
(i) are duly sought by the planning authority under subsection (4) or (5) of section 176A, and | ||
(ii) are duly received by the authority within the period specified under the said subsection (4) or (5), | ||
within the period of 3 weeks from the date that such information, views or submissions are so received, or | ||
(b) where further information, views or submissions are not sought by the planning authority under subsection (4) or (5) of section 176A, as the case may be, within the period of 4 weeks from the receipt of the application under section 176A(2). | ||
(3) Before making a decision on an application under section 176A(2), the planning authority shall— | ||
(a) consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001, and | ||
(b) have regard to any information, views or submissions received in accordance with section 176A(4) and, where relevant, section 176A(5). | ||
(4) A planning authority shall give notice in writing of its screening determination for environmental impact assessment (within the meaning of section 176A(1)) made under this section to— | ||
(a) the applicant, | ||
(b) any person or body consulted under section 176A(4), and | ||
(c) where section 176A(5) applies, either or both the owner and the occupier, as appropriate in the circumstances, | ||
and the notice shall include— | ||
(i) the planning authority’s reasons for that decision, and | ||
(ii) information concerning referral of the determination to the Board for review under section 176C. | ||
(5) A planning authority shall publish the screening determination for environmental impact assessment (within the meaning of section 176A(1)), either or both— | ||
(a) on its website, and | ||
(b) in a newspaper circulating in the area where the proposed development would be situated, | ||
together with a notice— | ||
(i) stating that the determination may be referred to the Board for review by— | ||
(I) the applicant, | ||
(II) the owner of the land, where he or she is not the applicant, | ||
(III) the occupier of the land, where he or she is not the applicant or the owner of the land, and | ||
(IV) any person or body consulted by the planning authority about the application, | ||
(ii) stating that a person may question the validity of either or both— | ||
(I) the screening determination for environmental impact assessment by the planning authority, and | ||
(II) any determination by the Board of the said screening determination, | ||
by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ), in accordance with sections 50 and 50A of the Act of 2000, and | ||
(iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found. | ||
Review of screening determination for environmental impact assessment and referral of application for screening for environmental impact assessment | ||
176C. (1) Where a screening determination for environmental impact assessment (within the meaning of section 176A(1)) is made by a planning authority under section 176B, any person to whom subsection (4) or (5) of that section relates may, within 3 weeks of the issuing of the determination and on payment to the Board of the appropriate fee, refer the determination for review (in this section referred to as a ‘determination review’) by the Board. | ||
(2) Without prejudice to section 176B, where an application was made under section 176A and no screening determination for environmental impact assessment (within the meaning of section 176A(1)) has been issued by a planning authority within the appropriate period of time provided for by section 176B(2), then— | ||
(a) the person who made the application may— | ||
(i) within the period of 3 weeks after the latest date by which that determination was due to be issued under section 176B(2), and | ||
(ii) on payment to the Board of the appropriate fee, | ||
refer the application in question to the Board (which act is in this section referred to as an ‘application referral’) for determination, and | ||
(b) the authority concerned shall repay to the applicant the fee paid to the authority in accordance with section 176A(3). | ||
(3) Where a determination to which subsection (1) relates or an application to which subsection (2) relates is referred to the Board under either of those subsections, the person so referring shall give notice to that effect to the planning authority concerned, and accordingly that authority shall forthwith forward to the Board— | ||
(a) a copy of the application submitted to the authority under paragraph (a) or (b) of section 176A(2) and any determination made, and | ||
(b) any information, views or submissions received in accordance with section 176A(4) and, where relevant, section 176A(5) in respect of the application to the planning authority. | ||
(4) The Board shall, where appropriate, carry out screening for appropriate assessment in respect of the proposed development as provided for by section 177U(10) at the same time as making a determination under this section in respect of the development. | ||
(5) Before making a determination under this section, the Board shall— | ||
(a) consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001, and | ||
(b) have regard to any information, views or submissions made in accordance with subsection (4) of section 176A and, where relevant, subsection (5) of that section and any determination made by the planning authority under section 176B. | ||
(6) The Board shall make a determination on the determination review or the application referral— | ||
(a) within 5 weeks of receiving from the planning authority the documents to which subsection (3) relates, or | ||
(b) where the Board requests from the applicant, or any other person that it considers appropriate, further information with regard to the determination review or application referral in order to enable the Board to make a determination and specifies the period within which the information or views concerned are required to be received by the Board, within 4 weeks of the due receipt of the further information. | ||
(7) A determination review or a determination on foot of an application referral under this section shall consist of a determination by the Board— | ||
(a) as to whether a proposed development would be likely to have significant effects on the environment, and | ||
(b) if the development would be likely to have such effects, that an environmental impact assessment is required. | ||
(8) The Board shall give notice in writing of its determination under this section to— | ||
(a) the planning authority, | ||
(b) the applicant, | ||
(c) any person or body consulted under section 176A(4), | ||
(d) where section 176A(5) applies, either or both the owner and the occupier, as appropriate in the circumstances, and | ||
(e) any other person, requested by the Board under subsection (6)(b) to provide further information with regard to the determination review or application referral, | ||
by issuing in writing to each of them a notice to that effect and the notice shall include the Board’s reasons for that decision. | ||
(9) On notification by the Board of a determination under this section, the planning authority shall publish the determination, either or both— | ||
(a) on its website, and | ||
(b) in a newspaper circulating in the area where the proposed development would be situated, | ||
together with a notice— | ||
(i) indicating the place or places at which the documents relating to the making of its determination are available for inspection and purchase by members of the public and, where applicable, the availability of the said documents for inspection by electronic means, | ||
(ii) stating that a person may question the validity of the determination by the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ), in accordance with sections 50 and 50A of the Act of 2000, and | ||
(iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found. | ||
(10) The Board shall— | ||
(a) keep a record of any determination made by it under this section and the main reasons and considerations on which its determination was based, | ||
(b) from time to time, but at least once in every year, forward to each planning authority a copy of the record referred in paragraph (a), and | ||
(c) make the record available for purchase and inspection during office hours or available on its website or both, | ||
and, where the record specified in paragraph (a) is made available for purchase and inspection, the Board may charge a specified fee as determined pursuant to section 144(1A)(ha) but such fee shall not exceed the cost of making the copy.”. |