Planning and Development Act 2000

F1218[Screening for environmental impact assessment in respect of proposed development

289

289. (1) Section 176A shall apply to proposed development to which this Chapter applies as if

(a) references to a planning authority, the planning authority (other than in subparagraph (i) of paragraph (b) of subsection (4)) or the authority were construed as references to the Board,

(b) the following subsection was inserted:

"(1B) The Board shall not consider an application under this section in respect of proposed development to which Chapter III of Part XXI applies, unless the applicant

(a) is the holder of

(i) a maritime area consent granted for the occupation of a maritime site for the purposes of the proposed development, or

(ii) a licence granted under section 3 of the Act of 1933 authorising the licensee to do any act or acts referred to in that section for the purpose of the development on, or in relation to, the maritime site in which the development is proposed to be situated,

(b) is the owner of land on which it is proposed to carry out the development concerned,

(c) is the lessee under a lease

(i) made under section 2 of the Act of 1933, of a part of the foreshore that consists of, or includes, the maritime site on which it is proposed to carry out the development concerned, and

(ii) that contains a covenant, condition or agreement, to which subsection (4) of the said section 2 applies, requiring the lessee to carry out, on that maritime site, the proposed development concerned, or

(d) makes the application with the consent, or on behalf, of the owner of land on which it is proposed to carry out the development concerned.",

(c) the words "in whose area the development would be situated" in paragraph (a) of subsection (2) were deleted, and

(d) the words "in whose area the development would be situated" in paragraph (b) of subsection (2) were deleted.

(2) Section 176B shall apply to proposed development to which this Chapter applies as if

(a) references to a planning authority, the planning authority or the authority were construed as references to the Board,

(b) paragraph (ii) of subsection (4) was deleted, and

(c) in subsection (5)

(i) the following paragraph was substituted for paragraph (b) of subsection (5):

"(b) in a national newspaper.",

and

(ii) paragraph (i) was deleted.

(3) Section 176C shall not apply to proposed development to which this Chapter applies.]

Annotations:

Amendments:

F1218

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