146C.—(1) This section applies to a case where the determination of the Board under section 146B(4) is that the making of either kind of alteration referred to in F622[section 146B(3)(b)(ii)] is likely to have significant effects on the environment.

(2) In a case to which this section applies, the Board shall require the person who made the request under section 146B ("the requester") to prepare an F623[environmental impact assessment report] in relation to the proposed alteration of the terms of the development concerned and, in this subsection and the following subsections of this section, "proposed alteration of the terms of the development concerned" means—

(a) the alteration referred to in F624[subsection (3)(b)(ii)(I) of that section], and

(b) any alternative alteration under F625[subsection (3)(b)(ii)(II) of that section] the making of which the Board is considering (and particulars of any such alternative alteration the making of which is being so considered shall be furnished, for the purposes of this subsection, by the Board to the requester).

(3) F626[An environmental impact assessment report] under this section shall contain—

(a) any information that any regulations made under section 177 require to be contained in F627[environmental impact assessment reports] generally under this Act, and

(b) any other information prescribed in any regulations made under section 177 to the extent that—

(i) such information is relevant to—

(I) the given stage of the consent procedure and to the specific characteristics of the development or type of development concerned, and

(II) the environmental features likely to be affected,

F628[…]

(ii) F629[…]

and

(c) a summary, in non-technical language, of the information referred to in paragraphs (a) and (b).

(4) F630[When an environmental impact assessment report] under this section is prepared, the requester shall as soon as may be—

(a) submit a copy of the F631[report] F632[and one electronic copy of the report (which shall be searchable by electronic means as far as practicable)] to the Board, together with either—

(i) a copy of the published notice referred to in paragraph (c), or

(ii) a copy of the notice proposed to be published in accordance with paragraph (c) together with details of its proposed publication and date,

F633[(aa) submit a copy of the confirmation notice to the Board,]

(b) publish a notice, in the prescribed form, in one or more newspapers circulating in the area in which the development concerned is proposed to be, or is being, carried out—

(i) stating that an F634[environmental impact assessment report] has been submitted to the Board in relation to the proposed alteration of the terms of the development concerned,

(ii) indicating the times at which, the period (which shall not be less than 4 weeks) during which and the place or places where a copy of the F635[environmental impact assessment report] may be inspected,

(iii) stating that a copy of the F636[environmental impact assessment report] may be purchased on payment of a specified fee (which fee shall not exceed the reasonable cost of making such copy), and

(iv) stating that submissions or observations may be made in writing to the Board before a specified date (which date shall not be less than F637[30 days] after the notice was first published) in relation to the likely effects on the environment of the proposed alteration of the foregoing terms,

(c) send a copy of the F638[environmental impact assessment report] together with a notice in the prescribed form to the local authority or each local authority in whose functional area the proposed development would be situate and to any prescribed body or person stating that—

(i) the F639[report] has been submitted to the Board in relation to the proposed alteration of the terms of the development concerned,

(ii) before a specified date (which date shall be the same as provided or proposed to be provided for by the notice under paragraph (b)) submissions or observations may be made in writing to the Board in relation to the likely effects on the environment of the proposed alteration of the foregoing terms,

(d) send a copy of the F640[environmental impact assessment report], together with a notice in the prescribed form, to a Member State of the European Communities or a state which is a party to the Transboundary Convention where, in the Board’s opinion, the proposed alteration of the terms of the development concerned is likely to have significant effects on the environment in that state, together with a notice (in the prescribed form, if any) stating that—

(i) the F641[report] has been submitted to the Board in relation to the likely effects on the environment of the proposed alteration of the foregoing terms,

(ii) before a specified date (which date shall be the same as provided or proposed to be provided for by the notice under paragraph (b)) submissions or observations may be made in writing to the Board in relation to the likely effects on the environment in that state of the proposed alteration of those terms,

and the Board may, at its discretion and from time to time, extend any time limits provided for by this subsection.

(5) On the preceding subsections having been complied with, the Board shall, subject to subsections (6) and (7), proceed to make a determination under F642[section 146B(3)(b)(ii)] in relation to the matter.

(6) In making that determination, the Board shall, to the extent that they appear to the Board to be relevant, have regard to the following:

(a) the F643[environmental impact assessment report] submitted pursuant to subsection (4)(a), any submissions or observations made in response to the invitation referred to in subsection (4)(b) or (c) before the date specified in the notice concerned for that purpose and any other relevant information before it relating to the likely effects on the environment of the proposed alteration of the terms of the development concerned;

(b) where such alteration is likely to have significant effects on the environment in another Member State of the European Communities, or a state which is a party to the Transboundary Convention, the views of such Member State or party;

(c) the development plan or plans for the area in which the development concerned is proposed to be, or is being, carried out (referred to subsequently in this subsection as "the area");

(d) the provisions of any special amenity area order relating to the area;

(e) if the area or part of the area is a European site or an area prescribed for the purposes of section 10(2)(c), that fact;

(f) if the development concerned (were it to be carried out in the terms as they are proposed to be altered) would have an effect on a European site or an area prescribed for the purposes of section 10(2)(c), that fact;

(g) the matters referred to in section 143;

(h) any social or economic benefit that would accrue to the State, a region of the State or the area were the development concerned to be carried out in the terms as they are proposed to be altered;

(i) commitments entered into and the stage at which the development concerned has progressed under the permission, approval or other consent in the terms as originally granted; and

(j) any relevant provisions of this Act and of any regulations made under this Act.

(7) The Board shall not make a determination under F644[section 146B(3)(b)(ii)] in a case to which this section applies at any time prior to the date specified, pursuant to subparagraph (iv) of subsection (4)(b), in the notice under subsection (4)(b).

(8) Where the Board makes a determination under F645[section 146B(3)(b)(ii)] in a case to which this section applies—

F646[(a) it shall—

(i) give public notice of the determination (including notice in the area in which the development concerned is proposed to be, or is being, carried out),

(ii) inform the prescribed bodies or persons sent a copy of the environmental impact assessment report in accordance with subsection (4)(c), and

(iii) inform any state to which an environmental impact assessment report has been sent under subsection (4)(d) of the determination, including, if the determination is of the kind referred to in paragraph (b), particulars of the determination, and]

(b) if the determination is a determination to make an alteration of either kind referred to in F647[section 146B(3)(b)(ii)], it shall alter the planning permission, approval or other consent accordingly and notify the requester of the alteration.

F648[(8A) Where the Board makes a determination under section 146B(3)(b)(ii) in a case to which this section applies, the determination shall—

(a) state the reasoned conclusion, in relation to the significant effects on the environment of the proposed alteration, on which the determination is based,

(b) where the determination (being a determination which arises from the consideration of the environmental impact assessment report concerned) by the Board to make an alteration of either kind referred to in section 146B(3)(b)(ii), or to refuse to make an alteration, is different from the recommendation in a report of a person assigned to report on the request on behalf of the Board, state the main reasons for not accepting the recommendation in the last-mentioned report, and

(c) include a summary of the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and specify how those results have been incorporated into the determination or otherwise addressed.

(8B) Where the Board makes a determination under section 146B(3)(b)(ii), in a case to which this section applies, to make an alteration of either kind referred to in that section and imposes a condition (being an environmental condition which arises from the consideration of the environmental impact assessment report concerned) in relation to the determination which is materially different, in relation to the terms of such condition, from the recommendation in a report of a person assigned to report on the request on behalf of the Board, the determination shall indicate the main reasons for not accepting, or for varying, as the case may be, the recommendation in the last-mentioned report in relation to such condition.

(8C) Where the Board makes a determination under section 146B(3)(b)(ii), in a case to which this section applies, to make an alteration of either kind referred to in that section, the determination shall be accompanied by a statement that the Board is satisfied that the reasoned conclusion on the significant effects on the environment of the alteration was up to date at the time of the making of the determination.]

(9) Without prejudice to the generality of section 18(a) of the Interpretation Act 2005, a reference, however expressed, in this section to the area in which the proposed development would be situated includes, if the context admits, a reference to the 2 or more areas in which the proposed development would be situated and cognate references shall be construed accordingly.]