Planning and Development Act 2000

F751[Environmental impact assessment and integrated pollution prevention and control licences.

173A

173A. (1) In this section

Act of 1992 means the Environmental Protection Agency Act 1992;

activity shall have the meaning assigned to it by section 3 of the Act of 1992;

application for a licence means, in relation to F752[a licence] under Part IV of the Act of 1992, an application made to the Environmental Protection Agency

(a) for such a licence under section 83 of the Act of 1992, or

(b) by the licensee under section 90(1)(b) of the Act of 1992 for a review of such a licence or a revised licence;

F753["application for permission" means

(a) an application for permission for development under Part III,

(b) an application for permission for development under section 291,

(c) an application for approval for development under section 175, 177AE, F754[181(2A),] 181A, 182A, 182C or 226,

(d) an application for substitute consent under section 177E, or

(e) a request under section 297;]

F753["grant of permission" means

(a) a grant of permission for development under Part III,

(b) a grant of permission for development under section 293,

(c) an approval for development under section 175, 177AE, 181B, 182D or 226,

(d) a grant of substitute consent under section 177K, or

(e) a decision under section 299 consisting of the grant of an alteration of the terms of a permission for development.]

(2) Where a planning authority or the Board is considering an application for permission and is requested by the applicant for a grant of permission F754[or, in the case of an application for approval under section 181(2A), the applicant for a licence under Part IV of the Act of 1992 in respect of an activity to which the application for approval relates,] to confirm in writing that the development the subject of the application for permission relates to an activity in respect of which F752[a licence] under Part IV of the Act of 1992 is required, the planning authority or the Board shall, as soon as possible, confirm in writing that the development the subject of the application for permission so relates to the activity.

(3) Where a request is made by an applicant under subsection (2) and the application for permission concerned was not accompanied by an F755[environmental impact assessment report and the planning authority or the Board did not require the submission of an environmental impact assessment report], the planning authority or the Board shall on a request in that behalf made to it by the applicant, also provide written confirmation to the applicant that an environmental impact assessment in respect of the development concerned is not required by or under this Act F754[or was exempted, in accordance with this Act, from being so required].

F754[(3A) Where a grant of permission has been issued, or an order under section 181(2)(a) has been made, in respect of a proposed development comprising or for the purposes of an activity in respect of which a licence under Part IV of the Act of 1992 is required, and the application for permission in respect of the development was not accompanied by an environmental impact assessment report and the planning authority or the Board did not require the submission of an environmental impact assessment report, the planning authority or the Board shall, on a request in that behalf made to it by –

(a) the applicant for the grant of permission, or

(b) in a case where an order has been made under section 181(2)(a), the applicant for the licence under Part IV of the Act of 1992 in respect of the activity concerned,

also provide written confirmation to the applicant concerned that an environmental impact assessment in respect of the development is not required by or under this Act, or was exempted, in accordance with this Act, from being so required.]

F752[(4) Where a planning authority or the Board receives a notice and request from the Environmental Protection Agency under section 87(1D)(a) or 87(1E)(a) of the Act of 1992, the planning authority or Board shall – (a) comply with the request within the period specified in the request, and (b) enter into consultations, as referred to in section 87(1D)(c) or 87(1E)(c), as the case may be, with the Environmental Protection Agency.]

(5) Where a planning authority or the Board is considering an application for permission in respect of development

(a) of a class prescribed by regulations under section 176 that does not exceed a quantity, area or limit prescribed under those regulations,

(b) in respect of which the planning authority or the Board is obliged under this Act to make a determination whether an environmental impact assessment is required, and

(c) in respect of which application for permission the planning authority or the Board consider F752[a licence] under Part IV of the Act of 1992 is required,

the planning authority or the Board shall request observations from the Agency to assist the planning authority or the Board in its deliberations in relation to the determination referred to in paragraph (b) and shall take into account any such observations when making that determination.

(6) Where a person makes an application for permission in respect of development under this Act and has made, intends to make or is considering making an application for F752[a licence under Part IV] under Part IV of the Act of 1992 in respect of an activity relating to that development, the person shall so notify the planning authority or the Board when making the application for permission.]

F756[(7) Where a planning authority receives a notification from the Environmental Protection Agency that it has received an application for a licence to which section 87(1I) of the Act of 1992 applies, the planning authority shall

(a) within 4 weeks of the date of receipt of the notification from the Environmental Protection Agency, respond to the Agency, forwarding any observations that it has in relation to the application for a licence including any observations on the F757[environmental impact assessment report], and

(b) enter into consultations with the Environmental Protection Agency, as the Agency considers appropriate, in relation to any environmental impacts of the proposed activity to which the application for a licence relates.]

Annotations

Amendments:

F751

Inserted (30.09.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) Regulations 2012 (S.I. No. 282 of 2012), reg. 8.

F752

Substituted (20.12.2022) by European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022), reg. 3(a)(i), (b)(ii), (e)-(g).

F753

Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 29, S.I. No. 488 of 2022.

F754

Inserted (20.12.2022) by European Union (Planning and Development) (Habitats and Environmental Impact Assessment) Regulations 2022 (S.I. No. 708 of 2022), reg. 3(a)(ii), (b)(i), (c), (d).

F755

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. 45, in effect as per reg. 2(1).

F756

Inserted (15.11.2012) by European Union (Environmental Impact Assessment) (Integrated Pollution Prevention and Control) (No. 2) Regulations 2012 (S.I. No. 457 of 2012), reg. 6.

F757

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. 46, in effect as per reg. 2(1).