Planning and Development Act 2000

F1220[Application to Board

291

291. (1) An application for permission for development to which this Chapter applies shall be made to the Board, and shall

(a) be accompanied by

(i) the prescribed fee, and

(ii) such information, plans and drawings as may be prescribed,

(b) if required by the Board, be accompanied by either

(i) an environmental impact assessment report, or

(ii) the information in relation to the proposed development specified in Schedule 7A to the Regulations of 2001,

and

(c) if required by the Board, be accompanied by either

(i) a Natura impact statement, or

(ii) a screening statement for appropriate assessment in relation to the proposed development.

(2) The Board may refuse to consider an application under this section where it is of the opinion that

(a) the application,

(b) the environmental impact assessment report or the information specified in Schedule 7A to the Regulations of 2001 in relation to environmental impact assessment, as the case may be, or

(c) the Natura impact statement or the screening statement for appropriate assessment, as the case may be,

is inadequate or incomplete having regard, in particular, to the permission regulations or other regulations under this Act.

(3) A person shall, before applying for permission for development under this section

(a) publish a notice in at least one national newspaper and such other newspapers (if any) as the Board may specify

(i) stating

(I) the nature and location of the proposed development,

(II) that the person proposes to make an application to the Board for permission for the proposed development,

(III) where applicable, that an environmental impact assessment report has been prepared in respect of the proposed development,

(IV) where applicable, that a Natura impact statement has been prepared in respect of the proposed development,

(V) where applicable, that the proposed development is likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention,

(VI) that

(A) a copy of the application,

(B) a copy of any such environmental impact assessment report, and

(C) a copy of any such Natura impact statement,

has been published on the internet website created by him or her for the purpose of the application, and may be inspected free of charge or purchased on payment of such fee (which shall not be more than the reasonable cost of making such copy or copies) as may be specified in the notice at such times and places and during such period (which shall not be less than eight weeks) as is specified in the notice,

(ii) inviting the making, during the period referred to in clause (VI) of subparagraph (i), of submissions and observations to the Board relating to

(I) the implications of the proposed development for maritime spatial planning,

(II) the implications of the proposed development for proper planning and sustainable development, and

(III) the likely effects on the environment or any European site of the proposed development,

if carried out, and

(iii) specifying the types of decision that the Board is permitted to make under section 293 in relation to the application,

(b) if directed by the Board, send

(i) a prescribed number of copies of the application,

(ii) a copy of any environmental impact assessment report, and

(iii) a copy of any Natura impact statement,

to each of the following:

(I) the Environmental Protection Agency;

(II) the Minister;

(III) the Minister for Agriculture, Food and the Marine;

(IV) the Minister for the Environment, Climate and Communications;

(V) any coastal planning authority within

(A) whose nearshore area, or

(B) any other part of whose functional area,

it is proposed that the development would (in whole or in part) be situated;

(VI) any coastal planning authority

(A) whose nearshore area, or

(B) any other part of whose functional area,

adjoins that part of the maritime area in which it is proposed that the development would (in whole or in part) be situated,

(c) if directed by the Board, send to such persons as may be prescribed

(i) a prescribed number of copies of the application,

(ii) a copy of any environmental impact assessment report,

(iii) a copy of any Natura impact statement, and

(iv) a notice stating that submissions or observations may, during the period referred to in clause (VI) of subparagraph (i) of paragraph (a), be made in writing to the Board in relation to

(I) the implications of the proposed development for maritime spatial planning,

(II) the implications of the proposed development for proper planning and sustainable development, and

(III) the likely effects on the environment or any European site of the proposed development,

and

(d) if directed by the Board, in the case of proposed development that is likely to have significant effects on the environment of a Member State of the European Union or a state that is a party to the Transboundary Convention, send to each such Member State or state

(i) such number of copies of the application as may be prescribed,

(ii) a copy of any environmental impact assessment report, and

(iii) a notice stating that submissions or observations may, during the period referred to in clause (VI) of subparagraph (i) of paragraph (a), be made in writing to the Board in relation to

(I) the implications of the proposed development for maritime spatial planning,

(II) the implications of the proposed development for proper planning and sustainable development, and

(III) the likely effects on the environment of the proposed development.

(4) A coastal planning authority

(a) within

(i) whose nearshore area, or

(ii) any other part of whose functional area,

it is proposed that the development concerned would (in whole or in part) be situated, or

(b) whose nearshore area, or any other part of whose functional area, adjoins that part of the maritime area in which it is proposed that the development concerned would (in whole or in part) be situated,

may, not later than 10 weeks (or such longer period as may be specified by the Board) from the making of the application under this section in respect of the proposed development, prepare and submit to the Board a report setting out the views of the coastal planning authority in relation to the proposed development, having regard in particular to the matters to which a coastal planning authority is required to have regard in accordance with subsection (2) of section 34 and subsection (2) of section 282 in relation to an application referred to in subsection (3) of section 281.

(5) The Board may, in addition to a report referred to in subsection (4), require a coastal planning authority to which that subsection applies or any planning authority on whose functional area the proposed development is, in the opinion of the Board, likely to have a significant effect to furnish to the Board such information as the Board may specify in relation to

(a) the implications of the proposed development for maritime spatial planning,

(b) the implications of the proposed development for proper planning and sustainable development in the functional area concerned, and

(c) the likely effects of the proposed development on the environment or any European site.

(6) The chief executive of a coastal planning authority shall, before that coastal planning authority submits a report to the Board under subsection (4) in relation to a proposed development, submit the report to the members of the coastal planning authority and request their views on the proposed development.

(7) The members of a coastal planning authority may, by resolution, decide to attach recommendations specified in the resolution to the report of the coastal planning authority under subsection (4) and, where those members so decide

(a) those recommendations, and

(b) a record prepared by the meetings administrator (within the meaning of section 46 of the Local Government Act 2001) of the views expressed by the members on the proposed development,

shall be attached to the report submitted to the Board under that subsection.]

Annotations:

Amendments:

F1220

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