Planning and Development Act 2000

F765[Environmental impact assessment relating to abstractions

173D

173D. ...]

Annotations:

Amendments:

F765

Inserted by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(f), not commenced as of date of revision.

Modifications (not altering text):

C131

Prospective affecting provision: section inserted by Water Environment (Abstrations and Associated Impoundments) Act 2022 (48/2022), s. 116(f), not commenced as of date of revision.

F765[173D. (1) Where a planning authority or the Board is considering an application for permission referred to in subsection (2)(a) of section 25 of the Act of 2022, 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 subsection (2)(a), and

(b) in circumstances where an environmental impact assessment is not required, the confirmation referred to in subparagraph (ii) of the said subsection (2)(a).

(2) Where a planning authority or the Board grants a permission referred to in subsection (2)(b) of section 25 of the Act of 2022 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, provide that person with the confirmation referred to in subparagraph (ii) of the said subsection (2)(b).

(3) A planning authority or the Board, as may be appropriate, shall comply with a request of the Environmental Protection Agency under subsection (4)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.

(4) A planning authority or the Board, as may be appropriate, shall comply with a request of the Environmental Protection Agency under subsection (5)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.

(5) A planning authority shall comply with a request of the Environmental Protection Agency under subsection (8)(a) of section 25 of the Act of 2022 within 4 weeks of receipt of the request.

(6) 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 abstraction licence,

it shall, for the purpose of making a determination as to whether or not an environmental impact assessment 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.

(7) 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, for an abstraction licence in connection with an 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.

(8) In this section—

"permission" means—

(a) permission under Part III,

(b) approval for development under section 175, 177AE, 181(2L), 181B, 182B, 182D or 226, or

(c) substitute consent under section 177K.]