Planning and Development, Maritime and Valuation (Amendment) Act 2022


Amendment of section 37O of Principal Act

20. Section 37O of the Principal Act is amended—

(a) in subsection (3)(a), by the substitution of “environmental impact assessment report” for “environmental impact statement”, and

(b) in subsection (4)—

(i) in paragraph (b), by the deletion of “and”,

(ii) by the insertion of the following paragraphs after paragraph (b):

“(ba) where a decision to impose a condition (being an environmental condition which arises from the consideration of an environmental impact assessment report) is materially different, in relation to the terms of the condition, from a recommendation in a report of a person assigned to report on the application for permission on behalf of the Board, the main reasons for not accepting or for varying the recommendation in relation to such condition,

(bb) in relation to the grant or refusal of any permission, subject to or without conditions, that the Board is satisfied, where an environmental impact assessment was carried out, that the reasoned conclusion on the significant effects on the environment of the development was up to date at the time of the taking of the decision,

(bc) in summary form, the results of the consultations that have taken place and information gathered in the course of the environmental impact assessment and, where appropriate, the comments received from an affected Member State of the European Union or other party to the Transboundary Convention, and how those results have been incorporated into the decision or otherwise addressed, and”,


(iii) in paragraph (c), by the insertion of “(being a decision which arises from the consideration of the environmental impact assessment report concerned)” after “a decision by the Board under section 37N”.