The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017
S.R. 2017/83 · Made 11 May 2017 · Extends to Northern Ireland
Planning
Made 11th May 2017
Coming into operation 16th May 2017
The Department for Infrastructure makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and section 51 of the Planning Act (Northern Ireland) 2011f3.
Annotations to the whole text
Footnotes
- f1
- f2
-
1972 c.68 The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51)
- f3
Contents
- Part 1: General
- 1Citation and commencement
- 2Interpretation
- 3Directions
- 4Prohibition on granting planning permission or subsequent consent without an environmental impact assessment
- 5Environmental impact assessment
- 6Confirmation that development is EIA development
- 7Appeals under Section 58 or Section 60 of the 2011 Act
- Part 2: Pre-Application Procedures
- 8Pre-application determination as to need for environmental impact assessment and opinion as to content of environmental statement
- Part 3: Preparation of Environmental Statements
- 9Procedure to facilitate preparation of environmental statements
- 10Provision of information
- 11Environmental statements
- Part 4: Procedures on Receipt of Application
- 12Application which appears to require determination as to need for environmental impact assessment
- 13Subsequent application where environmental information previously provided
- 14Subsequent application where environmental information not previously provided
- 15Application without an environmental statement
- 16Application referred to the Department under Section 29 without an environmental statement
- 17Extension of the period for council’s or Department’s decision on an application for planning permission or subsequent application
- Part 5: Publicity and Consultation
- 18Publicity where an environmental statement is submitted
- 19Availability of copies of environmental statement
- 20Consultation where environmental statement submitted
- 21Further information and evidence relating to environmental statement
- 22Charges
- Part 6: Coordination, Decision-making, Monitoring and Notification of Decisions
- 23Coordination of assessments
- 24Consideration of whether planning permission or subsequent consent should be granted
- 25Monitoring
- 26Information to accompany decisions
- 27Duty to inform the public of decisions
- Part 7: Development by a Council
- 28Modifications where application is by a council
- Part 8: Development with Significant Transboundary Effects
- 29Development in Northern Ireland likely to have significant effects on the environment in an EEA State
- 30Projects in an EEA State likely to have significant transboundary effects
- Part 9: Unauthorised EIA Development
- 31Interpretation of Part 9
- 32Duty to ensure objectives of the Directive are met
- 33Prohibition on the grant of planning permission or subsequent consent for unauthorised EIA development
- 34Determination as to need for environmental statement, etc.
- 35Time period for submission of environmental statement
- 36Provision of information
- 37Procedure where the Commission receives an environmental statement
- 38Further information and evidence respecting environmental statements
- 39Publicity for environmental statements and decision making
- 40Significant transboundary effects
- Part 10: Permission in Enterprise and Simplified Planning Zones and Permission Granted by Development Orders
- 41Restrictions on the grant of permission by simplified planning zone schemes and enterprise zone schemes
- 42Development Orders
- Part 11: Miscellaneous
- 43Objectivity and bias
- 44Availability of information in relation to determinations, opinions, decisions, etc.
- 45Hearing by the Commission in relation to the council’s or Department’s determination
- 46Use of electronic communications
- 47Application to the Crown
- 48Revocation, saving and transitional provisions
- Signature
- Schedule 1Descriptions of development and applicable thresholds and criteria for the purpose of the definition of “Schedule 2 development”
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Schedule 2: Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”
- 1Paragraph 1
- 2Paragraph 2
- Schedule 3Selection criteria referred to in Article 4.3 of the Directive
- Schedule 4: Matters for Inclusion in Environmental Statement
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Explanatory note