Planning and Development Act 2000
Permission for development requiring environmental impact assessment.
173.—(1) In addition to the requirements of section 34(3) F742[or Chapter III of Part XXI], where an application in respect of which an F743[environmental impact assessment report was submitted] to the planning authority in accordance with section 172, the planning authority, and the Board on appeal, shall have regard to the F744[report, any supplementary information furnished relating to the report] and any submissions or observations furnished concerning the effects on the environment of the proposed development.
F745[F746[(2) (a)(i) Subparagraph (ii) applies where an applicant or a person intending to apply for permission requests the planning authority concerned to give him or her a written opinion on the scope and level of detail of the information required to be included in an environmental impact assessment report.
(ii) Subject to subparagraph (iii), the planning authority shall, taking into account the information provided by the applicant or person referred to in subparagraph (i), as the case may be, in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give a written opinion on the scope and level of detail of the information to be included in an environmental impact assessment report, subject to—
(I) consultation with the Board to be carried out by the planning authority in relation to such opinion, and
(II) any prescribed consultations to be carried out by the planning authority in relation to such opinion.
(iii) The planning authority shall, in the case of the person referred to in subparagraph (i), give the written opinion before the submission by that person of an application for the grant of planning permission.]
F747[(aa) Where an opinion referred to in paragraph (a) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.]
(b) The giving of a written opinion in accordance with paragraph (a) shall not prejudice the exercise by the planning authority concerned or the Board 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 or, as the case may be, any appeal.
(c) The Minister may, by regulations, provide for additional, incidental, consequential or supplementary matters as regards procedures in respect of the provision of a written opinion under paragraph (a).]
F748[(3) (a)(i) Subparagraph (ii) applies where a person required by or under this Act to submit an environmental impact assessment report to the Board requests the Board to give him or her a written opinion on the scope and level of detail of the information required to be included in the report.
(ii) Subject to subparagraph (iii), the Board shall, taking into account the information provided by the person referred to in subparagraph (i), in particular on the specific characteristics of the proposed development, including its location and technical capacity, and its likely impact on the environment, give a written opinion on the scope and level of detail of the information to be included in the environmental impact assessment report, subject to any prescribed consultations to be carried out by the Board in relation to such opinion.
(iii) The Board shall give the written opinion before the submission by the person referred to in subparagraph (i) of the environmental impact assessment report.]
F749[(aa) Where an opinion referred to in paragraph (a) has been provided, the environmental impact assessment report shall be based on that opinion, and include the information that may reasonably be required for reaching a reasoned conclusion on the significant effects on the environment of the proposed development, taking into account current knowledge and methods of assessment.]
(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 F750[environmental impact assessment report] relates.
(c) The Minister may make regulations in relation to the making of a request or providing an opinion to which this subsection relates.
Annotations
Amendments:
F742
Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 28, S.I. No. 488 of 2022.
F743
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 42, in effect as per reg. 2(1).
F744
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 43, in effect as per reg. 2(1).
F745
Substituted (31.01.2007) by Planning and Development (Strategic Infrastructure) Act 2006 (27/2006), s. 32, S.I. No. 684 of 2006.
F746
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 19(a), in effect as per reg. 2(1).
F747
Inserted (1.09.2018) by European Union (Planning and Planning) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 19(a), in effect as per reg. 2(1).
F748
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 19(b), in effect as per reg. 2(1).
F749
Inserted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 19(b), in effect as per reg. 2(1).
F750
Substituted (1.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 36 and sch. 1 table ref. no. 44, in effect as per reg. 2(1).
Modifications (not altering text):
C105
Note transitional arrangements provided (21.09.2018) by European Union (Planning and Development) (Environmental Impact Assessment) Regulations 2018 (S.I. No. 296 of 2018), reg. 3(1)(b)(i), in effect as per reg. 2(1).
Transitional arrangements
3. (1) Subject to paragraph (3), the Act of 2000 and the Regulations of 2001, as in force immediately before 1 September 2018, shall continue to apply to development or proposed development, as the case may be, in the following cases:
...
(b) a request has been made, before 16 May 2017—
(i) under section 37D (1), 173(2)(a) or (3)(a), 181C(3)(b) or 182E(3) of the Act of 2000, as so in force, for an opinion to be given or provided by the planning authority or the Board, as the case may be, on the information required to be contained in an environmental impact statement relating to such development, or
...
(2) Section 2 of the Act of 2000, as in force immediately before 1 September 2018, shall apply to the interpretation of this Regulation as that section applies to the interpretation of that Act.
(3) The Act of 2000 and the Regulations of 2001, as in force on or after 1 September 2018, shall not apply to a case referred to in paragraph (1) unless otherwise specified in a provision of that Act or those Regulations, as the case may be.
(4) In this Regulation—
“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);
“Regulations of 2001” means the Planning and Development Regulations 2001 (S.I. No. 600 of 2001).
Editorial Notes:
E350
Power pursuant to subs. (3)(c) exercised (8.12.2022) by Planning and Development (Amendment) (No. 3) Regulations 2022 (S.I. No. 647 of 2022).
E351
Power pursuant to section exercised (21.12.2006) by Planning and Development Regulations 2006 (S.I. No. 685 of 2006).
E352
Power pursuant to section exercised (21.01.2001 and 11.03.2001) by Planning and Development Regulations 2001 (S.I. No. 600 of 2001).