Planning and Development Act 2000

F763[Environmental impact assessment relating to waste water discharges

173C

173C. (1) Where a planning authority or the Board is considering an application for permission referred to in subparagraph (a) of paragraph (3A) (inserted by subparagraph (b) of Regulation 16 of the Regulations of 2020) of Regulation 16 of the Regulations of 2007, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with

(a) the confirmation first-mentioned in the said subparagraph (a), and

(b) in circumstances where an environmental impact assessment in relation to the application is not required, the confirmation referred to in clause (ii) of the said subparagraph (a).

(2) Where a planning authority or the Board grants a permission referred to in subparagraph (b) of paragraph (3A) of Regulation 16 of the Regulations of 2007 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted and not later than 3 working days from the date of the request, provide that person with the confirmation referred to in clause (ii) of the said subparagraph (b).

(3) (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (6) (inserted by Regulation 22 of the Regulations of 2020) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.

(b) The Board shall comply with a request under subparagraph (a) of paragraph (6) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.

(4) (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (7) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.

(b) The Board shall comply with a request under subparagraph (a) of paragraph (7) of Regulation 21 of the Regulations of 2007 within the period second-mentioned in that subparagraph.

(5) (a) A planning authority shall comply with a request under subparagraph (a) of paragraph (8) of Regulation 21 of the Regulations of 2007 within the period specified in that subparagraph.

(b) The Board shall comply with a request under subparagraph (a) of paragraph (8) of Regulation 21 of the Regulations of 2007 within the period specified in that subparagraph.

(6) Where a planning authority or the Board is considering an application for permission referred to in subparagraph (a) of paragraph (1) (inserted by Regulation 26 of the Regulations of 2020) of Regulation 24A of the Regulations of 2007, it shall, upon the request in writing of the person who made the application and not later than 3 working days from the date of the request, provide that person with

(a) the confirmation first-mentioned in the said subparagraph (a), and

(b) in circumstances where an environmental impact assessment in relation to the application is not required, the confirmation second-mentioned in that subparagraph.

(7) Where a planning authority or the Board grants a permission referred to in subparagraph (b) of paragraph (1) of Regulation 24A of the Regulations of 2007 but did not require an environmental impact assessment in relation to the application for that permission, it shall, upon the request in writing of the person to whom the permission was granted and not later than 3 working days from the date of the request, provide that person with the confirmation referred to in that subparagraph.

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

(a) belonging to a class specified in Part 2 of Schedule 5 of the Planning and Development Regulations 2001, and

(b) that in its opinion requires an authorisation under the Regulations of 2007,

it shall, for the purpose of making a determination as to whether or not an environmental impact assessment in relation to the application is required, invite the Environmental Protection Agency to make observations within such period as may be specified by the planning authority or the Board, as may be appropriate, in relation to the application, and the planning authority or the Board, as may be appropriate, shall take account of any such observations when making that determination.

(9) A person who

(a) makes an application for permission to a planning authority or the Board, and

(b) has made an application, or proposes to make an application, to the Agency for

(i) a licence or review of a licence, or

(ii) a certificate or review of a certificate,

under the Regulations of 2007 in connection with the application referred to in paragraph (a),

shall, when making the application referred to in paragraph (a), inform the planning authority concerned or the Board, as may be appropriate, in writing of his or her having so made the application referred to in paragraph (b) or his or her proposal to make such an application, as the case may be.

(10) In this section

F764["permission" means

(a) permission for development under Part III,

(b) permission for development under section 293,

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

(d) substitute consent under section 177K, or

(e) the alteration of the terms of a permission for development in accordance with a decision under section 297;]

"Regulations of 2007" means the Waste Water Discharge (Authorisation) Regulations 2007 (S.I. No. 684 of 2007);

"Regulations of 2020" means the European Union (Waste Water Discharge) Regulations 2020.]

Annotations

Amendments:

F763

Inserted (30.06.2020) by European Union (Waste Water Discharge) Regulations 2020 (S.I. No. 214 of 2020), reg. 5, in effect as per reg. 2.

F764

Substituted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 174 and sch. 12 ref. no. 31, S.I. No. 488 of 2022.