Planning and Development Act, 2000

Permission for development requiring environmental impact assessment.

173.—(1) In addition to the requirements of section 34 (3), where an application in respect of which an environmental impact statement was submitted to the planning authority in accordance with section 172 , the planning authority, and the Board on appeal, shall have regard to the statement, any supplementary information furnished relating to the statement and any submissions or observations furnished concerning the effects on the environment of the proposed development.

(2) (a) If an applicant or a person intending to apply for permission so requests, the planning authority concerned shall give a written opinion on the information to be contained in an environmental impact statement, subject to any prescribed consultations to be carried out by the planning authority in relation to such an opinion, before that person submits the application for the grant of planning permission.

(b) The giving of a written opinion in accordance with paragraph (a) shall not prejudice the exercise by the planning authority concerned of its powers under this Act, or any regulations made thereunder, to require the person who made the request to submit further information regarding the application concerned.

(c) The Minister may, by regulations, provide for additional, incidental, consequential or supplementary matters as regards procedure in respect of the provision of a written opinion under paragraph (a).

(3) (a) Where a person is required by or under this Act to submit an environmental impact statement to the Board, he or she may, before submitting the statement, request the Board to provide him or her with its opinion as to the information that should be contained in such statement, and the Board shall on receipt of such a request provide such opinion in writing.

(b) The giving of a written opinion in accordance with paragraph (a) shall not prejudice the exercise by the Board of its powers pursuant to this Act or any regulations under this Act, to require the applicant to submit specified information in relation to any appeal to which the environmental impact statement relates.

(c) The Minister may make regulations in relation to the making of a request or providing an opinion to which this subsection relates.