Regulation 4 Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999I1

F1For regulation 4 (prohibition on the grant of planning permission without consideration of environmental information) substitute—

“Prohibition on the grant of planning permission or subsequent consent without consideration of environmental information

4.

(1)

This regulation applies—

(a)

to every application for planning permission for EIA development received by the Department on or after the commencement of these Regulations; and

(b)

to every subsequent application in respect of EIA development received by the Department on or after the commencement of these Regulations but which was not determined by 1st October 2008;

and for the purposes of this paragraph, the date of receipt of an application by the Department shall be determined in accordance with Article 11 (time periods for decisions) of the General Development Order as applied by regulation 10.

(2)

The Department or the Commission, as the case may require, shall not grant planning permission or subsequent consent pursuant to an application to which this regulation applies unless they have first taken the environmental information into consideration, and they shall state in their decision that they have done so.”.