Planning and Development Act 2000

F1234[Request for alteration of terms of permission to which this Chapter applies

297

297. (1) A person who has commenced or intends to commence development in the maritime area in accordance with a permission under section 293 may make a request (other than a request to extend the period for which such a permission shall have effect) to the Board to alter the terms of a permission under section 293.

(2) (a) A request under subsection (1) shall

(i) be accompanied by

(I) a document in writing specifying the particulars of the requested alteration,

(II) such plans or drawings relating to the requested alteration as the Board may specify,

(III) such other information (if any) as the Board may specify in the course of any consultation under section 296 relating to the requested alteration, and

(IV) such fee as may be prescribed,

(ii) if required by the Board, be accompanied by the information specified in Schedule 7A to the Regulations of 2001 in relation to the requested alteration,

(iii) if required by the Board, be accompanied by an environmental impact assessment report prepared in respect of the requested alteration, and

(iv) if required by the Board, be accompanied by a Natura impact statement prepared in respect of the requested alteration.

(b) A requesting person may submit any one or more of the following documents with a request under subsection (1):

(i) the information specified in Schedule 7A to the Regulations of 2001 in relation to the requested alteration even if not the subject of a requirement to which subparagraph (ii) of paragraph (a) applies;

(ii) such information as the requesting person considers the Board might require to enable it to carry out a screening for appropriate assessment in respect of the requested alteration in accordance with section 177U,

(iii) an environmental impact assessment report prepared in respect of the requested alteration even if not the subject of a requirement to which subparagraph (iii) of paragraph (a) applies;

(iv) a Natura impact statement prepared in respect of the requested alteration even if not the subject of a requirement to which subparagraph (iv) of paragraph (a) applies.

(3) A requesting person shall provide the Board with such information (additional to any information provided in accordance with subsection (2)) as the Board may reasonably require for the purposes of its functions under this section.

(4) The Board may, for the purposes of its making a determination under subsection (5), invite such persons, or persons belonging to such class or classes (including the public) of persons, as the Board considers appropriate, to make observations and submissions in relation to the requested alteration concerned, and the Board shall, in the performance of its functions under that subsection, have regard to any such observations or submissions.

(5) (a) The Board shall, not later than eight weeks after it has received the relevant materials

(i) determine whether or not the requested alteration is likely to have significant effects on the environment, and

(ii) make a determination under subsection (4) or (5) of section 177U in relation to the requested alteration.

(b) Where the Board

(i) determines under subparagraph (i) of paragraph (a) that the requested alteration is not likely to have significant effects on the environment, and

(ii) makes a determination under subsection (5) of section 177U in relation to the requested alteration,

it shall forthwith determine whether or not the requested alteration would otherwise constitute a material alteration of the terms of the permission concerned.

(c) A determination under subparagraph (i) of paragraph (b) or referred to in subparagraph (ii) of that paragraph, and the reasons therefor, shall be published by the Board on its internet website as soon as practicable after the making of such determination.

(d) In this subsection "relevant materials" means

(i) the requested alteration,

(ii) the document referred to in clause (I) of subparagraph (i) of paragraph (a) of subsection (2),

(iii) plans or drawings referred to in clause (II) of that subparagraph,

(iv) any information referred to in clause (III) of that subparagraph,

(v) any information, report or statement that was the subject of a requirement referred to in subparagraph (ii), (iii) or (iv) of the said paragraph (a),

(vi) any document submitted in accordance with paragraph (b) of subsection (2), and

(vii) in relation to the performance by the Board of its functions under, or referred to in, paragraph (a) or (b) of this subsection, any submissions or observations made pursuant to an invitation under subsection (4).

(6) (a) Where a requested alteration is a material alteration by virtue of a determination of the Board under subparagraph (i) of paragraph (a) of subsection (5) that the requested alteration is likely to have significant effects on the environment, the Board shall publish that determination and the reasons therefor on its internet website as soon as practicable after the making of the determination and, by notice in writing

(i) inform the requesting person that the requested alteration is a material alteration, and of the reasons therefor, and

(ii) require the requesting person to prepare, and submit to the Board (if not already submitted), an environmental impact assessment report in relation to the requested alteration in accordance with section 301.

(b) Where a requested alteration is a material alteration by virtue of a determination of the Board under subsection (4) of section 177U, the Board shall publish that determination and the reasons therefor on its internet website as soon as practicable after the making of the determination and, by notice in writing

(i) inform the requesting person that the requested alteration is a material alteration, and of the reasons therefor, and

(ii) require the requesting person to prepare, and submit to the Board (if not already submitted), a Natura impact statement in relation to the requested alteration in accordance with Part XAB.

(c) Where a requested alteration is a material alteration by virtue of a determination of the Board under paragraph (b) of subsection (5), the Board shall, by notice in writing, inform the requesting person that the requested alteration is a material alteration, and of the reasons therefor.

(7) A requesting person shall comply with a requirement under paragraph (a) or (b) of subsection (6) within such period as may be specified in the notice under that paragraph.

(8) If a requesting person fails or refuses to comply with subsection (7), his or her request under subsection (1) is deemed to have been withdrawn.]

Annotations:

Amendments:

F1234

Inserted (1.10.2022) by Maritime Area Planning Act 2021 (50/2021), s. 171, S.I. No. 488 of 2022.