Planning and Development Act 2000

F867[Report of planning authority.

177I

177I. (1) No later than 10 weeks after receipt, under section 177E(5), by a planning authority of a copy of an application for substitute consent and a F868[remedial environmental impact assessment report or a remedial Natura impact statement or both that report and that statement, as the case may be, and, where section 177E(2A)(b) applies, an environmental impact assessment report or Natura impact statement or both that report and that statement] F869[, as the case may be,] a planning authority shall submit a report to the Board and the Board shall consider the report.

(2) The report referred to in subsection (1) shall include the following:

(a) information relating to development (including development other than the development which is the subject of the application for consent) carried out on the site where the development the subject of the application for consent is situated, and any application for permission made in relation to the site and the outcome of the application;

(b) information relating to any warning letter, enforcement notice or proceedings relating to offences under this Act that relate to the applicant for substitute consent;

(c) information regarding the relevant provisions of the development plan and any local area plan as they affect the area of the site and the type of development concerned;

(d) any information that the authority may have concerning

(i) current, anticipated or previous significant effects on the environment, or on a European site associated with the development or the site where the development took place F870[or, where section 177E(2A)(b) applies, is proposed to take place] and, if relevant, the area surrounding or near the development or site, or

(ii) any remedial measures recommended or undertaken;

(e) the opinion, including reasons therefor, of the F871[chief executive] as to

(i) whether or not substitute consent should be granted for the development, and

(ii) the conditions, if any, that should be attached to any grant of substitute consent.]

Annotations

Amendments:

F867

Inserted (21.09.2011) by Planning and Development (Amendment) Act 2010 (30/2010), s. 57, S.I. No. 475 of 2011.

F868

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

F869

Inserted (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 5(a).

F870

Inserted (22.07.2015) by European Union (Environmental Impact Assessment and Habitats) (No. 2) Regulations 2015 (S.I. No. 320 of 2015), reg. 5(b).

F871

Substituted (22.10.2018) by Planning and Development (Amendment) Act 2018 (16/2018), s. 6(1) and sch. 2 ref. no. 65, S.I. No. 436 of 2018.

F872

Substituted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 29(a), not commenced as of date of revision.

F873

Inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 29(b), not commenced as of date of revision.

Modifications (not altering text):

C149

Prospective affecting provision: subs. (1) amended, subs. (1A) inserted by Planning and Development, Maritime and Valuation (Amendment) Act 2022 (29/2022), s. 29(a), (b), not commenced as of date of revision.

177I.— (1) F872[Subject to subsection (1A), no later] than 10 weeks after receipt, under section 177E(5), by a planning authority of a copy of an application for substitute consent and a F868[remedial environmental impact assessment report or a remedial Natura impact statement or both that report and that statement, as the case may be, and, where section 177E(2A)(b) applies, an environmental impact assessment report or Natura impact statement or both that report and that statement] F869[, as the case may be,] a planning authority shall submit a report to the Board and the Board shall consider the report.

F873[(1A) Where section 177E(6) applies, the period of 10 weeks referred to in subsection (1) shall run from the date of receipt by the planning authority of the report or statement, as the case may be, under that section.]