175.—(1) Where development belonging to a class of development, identified for the purposes of section 176, is proposed to be carried out—

(a) by a local authority that is a planning authority, whether in its capacity as a planning authority or in any other capacity, or

(b) by some other person on behalf of, or jointly or in partnership with, such a local authority, pursuant to a contract entered into by that local authority whether in its capacity as a planning authority or in any other capacity,

within the functional area of the local authority concerned (hereafter in this section referred to as “proposed development”), the local authority shall prepare, or cause to be prepared, an F775[environmental impact assessment report] in respect thereof.

(2) Proposed development in respect of which an F776[environmental impact assessment report] has been prepared in accordance with subsection (1) shall not be carried out unless the Board has approved it with or without modifications.

F777[(3) Subject to subsection (3A), where an environmental impact assessment report has been prepared in accordance with subsection (1), the local authority shall apply to the Board for approval of the proposed development to which the report relates.]

F778[(3A) A local authority shall not be eligible to make an application under subsection (3) in relation to proposed development in the maritime area unless it—

(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,

(b) is the owner of land on which it is proposed to carry out the development concerned, or

(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.

(3B) The Board shall neither consider an application under subsection (3) in relation to proposed development in the maritime area nor grant approval for such development under subparagraph (i), (ii) or (iii) of paragraph (a) of subsection (9) unless the applicant for such approval—

(a) is the holder of a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development,

(b) is the owner of land on which it is proposed to carry out the development concerned, or

(c) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.]

(4) Before a local authority makes an application for approval under subsection (3), it shall—

(a) publish in one or more newspapers circulating in the area in which it is proposed to carry out the development a notice indicating the nature and location of the proposed development and—

(i) stating that—

(I) it proposes to seek the approval of the Board for the proposed development,

(II) an F779[environmental impact assessment report] has been prepared in respect of the proposed development,

F780[(III) it is notifying a Member State of the European Communities or any other party to the Transboundary Convention of its opinion that the proposed development to which the application for approval to An Bord Pleanála relates would be likely to have significant effects on the environment in that State,

(IV) the Board may give approval to the application for development with or without conditions or may refuse the application for development.]

(ii) specifying the times and places at which, and the period (not being less than 6 weeks) during which, a copy of the F781[environmental impact assessment report] may be inspected free of charge or purchased, and

(iii) inviting the making, during such period, of submissions and observations to the Board relating to—

(I) the implications of the proposed development for proper planning and sustainable development in the area concerned, and

(II) the likely effects on the environment of the proposed development,

if carried out,

F782[(iv) stating that a person may question the validity of a decision of the Board by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986)

(v) stating where practical information on the review mechanism can be found.]

and

(b) send a copy of the application and the F783[environmental impact assessment report] to the prescribed authorities together with a notice stating that submissions or observations may, during the period referred to in paragraph (a)(ii), be made in writing to the Board in relation to—

(i) the likely effects on the environment of the proposed development, and

(ii) the implications of the proposed development for proper planning and sustainable development in the area concerned,

if carried out.

F784[(5)(a) The Board may—

(i) if it considers it necessary to do so, require a local authority that has applied for approval for a proposed development to furnish to the Board such further information in relation to—

(I) the effects on the environment of the proposed development, or

(II) the consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development,

as the Board may specify, or

(ii) if it is provisionally of the view that it would be appropriate to approve the proposed development were certain alterations (specified in the notification referred to in this subparagraph) to be made to the terms of it, notify the local authority that it is of that view and invite the authority to make to the terms of the proposed development alterations specified in the notification and, if the authority makes those alterations, to furnish to it such information (if any) as it may specify in relation to the development, in the terms as so altered, or, where necessary, a revised F785[environmental impact assessment report] in respect of it.

(b) If a local authority makes the alterations to the terms of the proposed development specified in a notification given to it under paragraph (a), the terms of the development as so altered shall be deemed to be the proposed development for the purposes of this section.

(c) The Board shall—

(i) where it considers that any further information received pursuant to a requirement made under paragraph (a)(i) contains significant additional data relating to—

(I) the likely effects on the environment of the proposed development, and

(II) the likely consequences for the proper planning and sustainable development in the area in which it is proposed to situate the said development of such development,

or

(ii) where the local authority has made the alterations to the terms of the proposed development specified in a notification given to it under paragraph (a)(ii),

require the local authority to do the things referred to in paragraph (d).

(d) The things which a local authority shall be required to do as aforesaid are—

(i) to publish in one or more newspapers circulating in the area in which the proposed development would be situate a notice stating that, as appropriate—

(I) further information in relation to the proposed development has been furnished to the Board, or

(II) the local authority has, pursuant to an invitation of the Board, made alterations to the terms of the proposed development (and the nature of those alterations shall be indicated) and, if it be the case, that information in relation to the terms of the development as so altered or a revised F786[environmental impact assessment report] in respect of the development has been furnished to the Board,

indicating the times at which, the period (which shall not be less than F787[5 weeks]) during which and the place, or places, where a copy of the information or the F788[environmental impact assessment report referred to] in clause (I) or (II) may be inspected free of charge or purchased and that submissions or observations in relation to that F789[information or report] may be made to the Board before the expiration of the indicated period, and

(ii) to send to each prescribed authority to which notice was given pursuant to subsection (4)(b)—

(I) a notice of the furnishing to the Board of, as appropriate, the further information referred to in subparagraph (i)(I) or the information or F790[report] referred to in subparagraph (i)(II), and

(II) a copy of that further information, information or F791[report],

and to indicate to the authority that submissions or observations in relation to that further information, information or F792[report may] be made to the Board before the expiration of a period (which shall not be less than F793[5 weeks]) beginning on the day on which the notice is sent to the prescribed authority by the local authority.]

(6) Before making a decision in respect of a proposed development under this section, the Board shall consider—

(a) F784[the F794[environmental impact assessment report] submitted pursuant to subsection (1) or (5)(a)(ii), any submission or observations made in accordance with subsection (4) or (5)] and any other information furnished in accordance with subsection (5) relating to—

(i) the likely effects on the environment of the proposed development, and

(ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development,

(b) the views of any other Member State of the European Communities or a state which is a party to the Transboundary Convention to which a copy of the F795[environmental impact assessment report] was sent, and

(c) the report and any recommendations of the person conducting a hearing referred to in subsection (7) where evidence is heard at such a hearing relating to—

(i) the likely effects on the environment of the proposed development, and

(ii) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development.

(7) The person conducting an oral hearing in relation to the compulsory purchase of land which relates wholly or partly to a proposed development under this section in respect of which a local authority has applied for approval shall be entitled to hear evidence relating to—

(a) the likely effects on the environment of the proposed development, and

(b) the likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the said development of such development.

(8) F796[(a)(i) The Board may take the action specified in subparagraph (ii) where it is satisfied that—

(I) exceptional circumstances so warrant,

(II) the application of the requirement to prepare an environmental impact assessment report would adversely affect the purpose of the proposed development, and

(III) the objectives of the Environmental Impact Assessment Directive are otherwise met.

(ii) Subject to subparagraph (iii), the Board may grant in respect of the proposed development an exemption from a requirement under subsection (1) to prepare an environmental impact assessment report.

(iii) No exemption may be granted under subparagraph (ii) in respect of the proposed development if another Member State of the European Union or a state party to the Transboundary Convention, having been informed about the proposed development and its likely significant effects on the environment in that State or state, as the case may be, has indicated that it wishes to furnish views on those effects.]

F797[(b) The Board shall, in granting an exemption under paragraph (a), —

(i) consider whether the effects, if any, of the proposed development on the environment should be assessed in some other form, and

(ii) make available to members of the public the information relating to the exemption decision referred to under paragraph (a), the reasons for granting such exemption and the information obtained under any other form of assessment referred to in subparagraph (i),

and the Board may apply such requirements regarding these matters in relation to the application for approval as it considers necessary or appropriate.]

(c) Notice of any exemption granted under paragraph (a) of the reasons for granting the exemption, and of any requirements applied under paragraph (b) shall, as soon as may be—

(i) be published in Iris Oifigiúil and in at least one daily newspaper published in the State, and

(ii) be given, together with a copy of the information, if any, made available to the members of the public in accordance with paragraph (b), to the Commission of the European Communities.

F784[(9)(a) F798[The Board shall, in respect of an application for approval under this section of proposed development, make its decision within a reasonable period of time and may, in respect of such application]—

(i) approve the proposed development,

(ii) make such modifications to the proposed development as it specifies in the approval and approve the proposed development as so modified,

(iii) approve, in part only, the proposed development (with or without specified modifications of it of the foregoing kind), or

(iv) refuse to approve the proposed development,

and may attach to an approval under subparagraph (i), (ii) or (iii) such conditions as it considers appropriate.

(b) Without prejudice to the generality of the foregoing power to attach conditions, the Board may attach to an approval under paragraph (a)(i), (ii) or (iii) a condition requiring—

(i) the construction or the financing, in whole or in part, of the construction of a facility, or

(ii) the provision or the financing, in whole or in part, of the provision of a service,

in the area in which the proposed development would be situated, being a facility or service that, in the opinion of the Board, would constitute a substantial gain to the community.

(c) A condition attached pursuant to paragraph (b) shall not require such an amount of financial resources to be committed for the purposes of the condition being complied with as would substantially deprive the person in whose favour the approval operates of the benefits likely to accrue from the grant of the approval.

(9A)(a) The Board shall direct the payment of such sum as it considers reasonable by the local authority concerned to the Board towards the costs and expenses incurred by the Board in determining an application under this section for approval of a proposed development, including—

(i) the costs of holding any oral hearing in relation to the application,

(ii) the fees of any consultants or advisers engaged in the matter, and

(iii) an amount equal to such portion of the remuneration and any allowances for expenses paid to the members and employees of the Board as the Board determines to be attributable to the performance of duties by the members and employees in relation to the application,

and the local authority shall pay the sum.

(b) If a local authority fails to pay a sum directed to be paid under paragraph (a), the Board may recover the sum from the authority as a simple contract debt in any court of competent jurisdiction.]

(10)(a) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an integrated pollution control licence or a waste licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of—

(i) controlling emissions from the operation of the activity, including the prevention, limitation, elimination, abatement or reduction of those emissions, or

(ii) controlling emissions related to or following the cessation of the operation of the activity.

F799[(aa) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which an abstraction licence is required, the Board shall not, where it decides to approve the proposed development, subject that approval to conditions which are for the purposes of controlling the abstraction related to the operation of the activity.]

(b) Where an application under this section relates to proposed development which comprises or is for the purposes of an activity for which F800[an integrated pollution control licence, an abstraction licence] or a waste licence is required, the Board may, in respect of any proposed development comprising or for the purposes of the activity, decide to refuse the proposed development, where the Board considers that the development, notwithstanding the licensing of the activity, is unacceptable on environmental grounds, having regard to the proper planning and sustainable development of the area in which the development is or will be situate.

(c) (i) Before making a decision in respect of proposed development comprising or for the purposes of an activity, the Board may request the Environmental Protection Agency to make observations within such period (which period shall not in any case be less than 3 weeks from the date of the request) as may be specified by the Board in relation to the proposed development.

(ii) When making its decision the Board shall have regard to the observations, if any, received from the Agency within the period specified under subparagraph (i).

(d) The Board may, at any time after the expiration of the period specified by the Board under paragraph (c)(i) for making observations, make its decision on the application.

(e) The making of observations by the Agency under this section shall not prejudice any other function of the Agency under F801[the Environmental Protection Agency Act, 1992].

(11) (a) The Minister may make regulations to provide for such matters of procedure and administration as appear to the Minister to be necessary or expedient in respect of applications for approval under this section.

(b) Without prejudice to the generality of paragraph (a), regulations under this subsection may make provision for—

(i) enabling a local authority to request the Board to give a written opinion on the information to be contained in an F802[environmental impact assessment report],

(ii) matters of procedure relating to the making of observations by the Environmental Protection Agency under this section and matters connected therewith,

(iii) the notification of another Member State of the European Communities or other parties to the Transboundary Convention in relation to proposed development, receiving observations and submissions from the State or party and entering into consultations with them, and

(iv) requiring the Board to give information in respect of its decision regarding the proposed development for which approval is sought.

(12) In considering under subsection (6) information furnished relating to the likely consequences for proper planning and sustainable development of a proposed development in the area in which it is proposed to situate such development, the Board shall have regard to—

F777[(a) in the case of an area other than a maritime site, the provisions of the development plan for the area,]

F778[(aa) in the case of a maritime site, the matters to which the Board is required to have regard under subsection (3) of section 293 when making a decision in relation to an application under section 291,]

(b) the provisions of any special amenity area order relating to the area,

(c) 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,

(d) where relevant, the policies of the Government, the Minister or any other Minister of the Government, and

(e) the provisions of this Act and regulations under this Act where relevant.

(13) A person who contravenes a condition imposed by the Board under this section shall be guilty of an offence.

(14) This section shall not apply to proposed road development within the meaning of the Roads Act, 1993, by or on behalf of a road authority.