Planning and Development (Amendment) Act 2010

65.

Amendment of section 182C of Principal Act.

65.— Section 182C of the Principal Act is amended—

( a) in subsection (1) by the insertion of “, and where the Board determines following consultations under section 182E that the development comes within paragraph ( a), ( b) or ( c) of section 37A(2),” after “‘proposed development’)”,

( b) F13 [ ]

( c) F13 [ ]

( d) F13 [ ]

( e) by the substitution of the following for subsection (9):

“(9) In the case of any application to the Board under this section, the Board shall request the Commission to make observations on safety or operational matters including any relevant safety advice or specific recommendations which the Commission considers appropriate within such period as may be specified (which period shall not be less than 3 weeks from the date of the request).”,

( f) by the insertion of the following subsections after subsection (9):

“(9A) In considering the likely effects of a proposed development on the environment or significant effects on a European site and the consequences of the development for proper planning and sustainable development, the Board shall have particular regard to the observations that the Commission considers it appropriate to make to the Board as requested under subsection (9).

(9B) Where the Board is considering not accepting the observations of the Commission it shall give notice to and consult with the Commission, giving its reasons and the Board shall request the Commission to respond within 3 weeks of the giving of notice under this subsection.

(9C) The Board shall consider any response given by the Commission under subsection (9B) before it makes a decision under section 182D.

(9D) The Board, in giving an approval for a proposed development under section 182D(5)( a), ( b) or ( c) or refusing to approve a proposed development under section 182D(5)( d), where it does not follow the observations of the Commission or part thereof, shall give reasons.

(9E) In making observations on safety or operational matters including any relevant safety advice or specific recommendations which the Commission considers appropriate under this section, the Commission may, without prejudice to the generality of the entitlement to make such observations, refer to such matters as it considers appropriate, including—

( a) a safety framework established under section 13I of the Act of 1999,

( b) directions made by the Minister for Communications, Energy and Natural Resources under section 13J of the Act of 1999,

( c) guidelines issued under section 13L of the Act of 1999,

( d) a safety case as defined by section 13A(1) of the Act of 1999,

( e) a revised safety case within the meaning of section 13N of the Act of 1999,

( f) a safety permit issued pursuant to section 13P of the Act of 1999,

( g) an improvement notice issued under section 13Z of the Act of 1999,

( h) a prohibition notice issued under section 13AA of the Act of 1999,

( i) safety standards referred to in guidelines issued under section 13L of the Act of 1999,

( j) standards and codes of practice referred to in section 13L(3)( c), and

( k) conditions relating to petroleum authorisations.

(9F) In subsection (9E)—

( a) ‘Act of 1999’ means the Electricity Regulation Act 1999;

( b) a term or expression used in that subsection has the same meaning as it has in Part IIA of the Electricity Regulation Act 1999.”.