176B.—(1) A planning authority shall, where appropriate, carry out screening for appropriate assessment in respect of a proposed development as provided for by section 177U(10) at the same time as carrying out a screening for environmental impact assessment in respect of the development under subsection (2).

(2) Subject to subsections (1) and (2A), a planning authority shall, on foot of an application under subsection (2) of section 176A and to which subsections (6) and (7) of that section do not relate, carry out a screening for environmental impact assessment in respect of the proposed development—

(a) where further information, views or submissions—

(i) are duly sought by the planning authority under subsection (4) or (5) of section 176A, and

(ii) are duly received by the authority within the period specified under the said subsection (4) or (5),

within the period of 3 weeks from the date that such information, views or submissions are so received, or

(b) where further information, views or submissions are not sought by the planning authority under subsection (4) or (5) of section 176A, as the case may be, within the period of 4 weeks from the receipt of the application under section 176A(2).

(2A)(a) Subject to paragraph (b), the planning authority shall not be required to comply with subsection (2)(a) or (b) within the period of 3 weeks or 4 weeks, as the case may be, referred to in that subsection where it appears to the planning authority that it would not be possible or appropriate, because of the exceptional circumstances of the proposed development (including in relation to the nature, complexity, location or size of such development) to do so.

(b) Where paragraph (a) applies, the planning authority shall, by notice in writing served on—

(i) the applicant,

(ii) the owner F810[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,

(iii) the occupier F810[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and

(iv) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),

before the expiration of the period of 3 weeks or 4 weeks, referred to in subsection (2)(a) or (b), as the case may be, inform him or her of the reasons why it would not be possible or appropriate to comply with that subsection within that period and shall specify the date before which the authority intends that the screening determination for environmental impact assessment concerned shall be made.

(3)(a) Before making a decision on an application under section 176A(2), the planning authority shall—

(i) consider the criteria for determining whether a development would or would not be likely to have significant effects on the environment, as set out in Schedule 7 to the Planning and Development Regulations 2001,

(ia) take into account—

(I) the information provided pursuant to section 176A(3)(d), and

(II) the available results, where relevant, of preliminary verifications or assessments of the effects on the environment carried out pursuant to European Union legislation other than the Environmental Impact Assessment Directive, and

(ii) have regard to any description, information, views or submissions received in accordance with section 176A(3A) or (4) and, where relevant, section 176A(5) or (5A).

(b) A planning authority shall include, or refer to, in its screening determination for environmental impact assessment made under this section the main reasons and considerations, with reference to the relevant criteria listed in Schedule 7 to the Planning and Development Regulations 2001, on which such determination is based.

(3A)(a) Paragraph (b) applies where the screening determination for environmental impact assessment made under this section is that the proposed development would not be likely to have significant effects on the environment and there has been provided, under section 176A(3A) or (5A), as the case may be, a description of the features, if any, of the proposed development and the measures, if any, envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment of the proposed development.

(b) A planning authority shall specify such features, if any, and such measures, if any, in its screening determination for environmental impact assessment made under this section.

(4) A planning authority shall give notice in writing of its screening determination for environmental impact assessment made under this section to—

(a) the applicant,

(b) any person or body consulted under section 176A(4), and

F811[(c) where subsection (5) of section 176A applies, the owner (if any) and the occupier (if any) of the land that is the subject of the proposed development,]

and the notice shall include—

(i) the planning authority’s reasons for that determination, and

(ii) information concerning referral of the determination to the Board for review under section 176C.

(4A) The notice under subsection (4) shall be placed with any application for consent for proposed development subsequently made in respect of which an application for a screening for environmental impact assessment was made under section 176A(2).

(5) A planning authority shall publish the screening determination for environmental impact assessment, either or both—

(a) on its website, and

(b) in a newspaper circulating in the area where the proposed development would be situated,

together with a notice—

(i) stating that the determination may be referred to the Board for review by—

(I) the applicant,

(II) the owner F810[(if any)] of the land, where he or she is not the applicant,

(III) the occupier F810[(if any)] of the land, where he or she is not the applicant or the owner of the land, and

(IV) any person or body consulted by the planning authority about the application,

(ii) stating that a person may question the validity of either or both—

(I) the screening determination for environmental impact assessment by the planning authority, and

(II) any determination by the Board of the said screening determination,

by way of an application for judicial review, under Order 84 of the Rules of the Superior Courts (S.I. No. 15 of 1986), in accordance with sections 50 and 50A, and

(iii) identifying where practical information on the mechanism for questioning the validity of the determination can be found.

(6)(a) Where a planning authority makes a screening determination for environmental impact assessment under this section, the following documents shall, within 3 working days, be placed on its website for inspection and be made available for inspection and purchase by members of the public during office hours for at least the minimum period referred to in paragraph (b):

(i) a copy of the application made under section 176A(2) and any description, information, views, submissions, particulars, evidence, written study or further information received or obtained from—

(I) the applicant,

(II) the owner F810[(if any)] of the land the subject of the proposed development, if he or she is not the applicant,

(III) the occupier F810[(if any)] of the land the subject of the proposed development, if he or she is not the applicant or owner of such land, and

(IV) any other person from whom further information was sought or any body which was consulted pursuant to section 176A(4),

(ii) a copy of any report prepared by or for the authority in relation to the application, and

(iii) a copy of the screening determination for environmental impact assessment made under this section by the authority.

(b) The minimum period for the purposes of paragraph (a) is 8 weeks from the date of the screening determination for environmental impact assessment made under this section by the planning authority.]