OpenLegislation

Paragraph 3 Thresholds for extending projectsI1

Northern Ireland

(1)

Where the project under consideration is an extending project—

(a)

the thresholds specified in the Table in paragraph 2 shall not apply; and

(b)

the threshold applicable for that project for the purposes of regulation 3(3) shall be instead such balance (if any), in hectares, of the area specified in Column 2 or, as the case may be, Column 3 in that Table opposite the entry in Column 1 for that type of project as remains after deduction of the accumulated material past project area.

(2)

For the purposes of sub-paragraph (1)(b), it is immaterial whether any part of the accumulated material past project area is, or is not, in a sensitive area (or any kind of sensitive area).

(3)

In this paragraph—

  • “extending project” means any project covering, or proposed to cover, land adjoining the area of one or more material past projects;

  • “material past project”, in relation to a particular extending project, means a project which—

    1. (a)

      is of the same type (as specified in regulation 3(2)) as that extending project; and

    2. (b)

      was completed after the coming into operation of these Regulations; and

    3. (c)

      was completed not more than five years before the proposed date for starting the work relating to that extending project;

  • “accumulated material past project area”, in relation to a particular extending project, means the total area covered by—

    1. (a)

      the material past project or, if more than one, all of them; and

    2. (b)

      every other project—

      1. (i)

        whose area adjoins the material past project, or one of them; and

      2. (ii)

        which satisfies conditions (a) to (c) in the definition of “material past project”.

Annotations

Commencement

I1

Sch. 2 para. 3 in operation at 1.5.2000, see reg. 1