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The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

S.R. 2017/83 · Made 11 May 2017 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 27 February 2025.

Planning

Made 11th May 2017

Coming into operation 16th May 2017

The Department for Infrastructure is a Northern Ireland department designatedf1 for the purposes of section 2(2) of the European Communities Act 1972f2 in relation to the environment.

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

S.I. 2008/301

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

2011 c.25 (N.I.)

Contents

  1. Part 1: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Directions
  5. 4Prohibition on granting planning permission or subsequent consent without an environmental impact assessment
  6. 5Environmental impact assessment
  7. 6Confirmation that development is EIA development
  8. 7Appeals under Section 58 or Section 60 of the 2011 Act
  9. Part 2: Pre-Application Procedures
  10. 8Pre-application determination as to need for environmental impact assessment and opinion as to content of environmental statement
  11. Part 3: Preparation of Environmental Statements
  12. 9Procedure to facilitate preparation of environmental statements
  13. 10Provision of information
  14. 11Environmental statements
  15. Part 4: Procedures on Receipt of Application
  16. 12Application which appears to require determination as to need for environmental impact assessment
  17. 13Subsequent application where environmental information previously provided
  18. 14Subsequent application where environmental information not previously provided
  19. 15Application without an environmental statement
  20. 16Application referred to the Department under Section 29 without an environmental statement
  21. 17Extension of the period for council’s or Department’s decision on an application for planning permission or subsequent application
  22. Part 5: Publicity and Consultation
  23. 18Publicity where an environmental statement is submitted
  24. 19Availability of copies of environmental statement
  25. 20Consultation where environmental statement submitted
  26. 21Further information and evidence relating to environmental statement
  27. 22Charges
  28. Part 6: Coordination, Decision-making, Monitoring and Notification of Decisions
  29. 23Coordination of assessments
  30. 24Consideration of whether planning permission or subsequent consent should be granted
  31. 25Monitoring
  32. 26Information to accompany decisions
  33. 27Duty to inform the public of decisions
  34. Part 7: Development by a Council
  35. 28Modifications where application is by a council
  36. Part 8: Development with Significant Transboundary Effects
  37. 29Development in Northern Ireland likely to have significant effects on the environment in an EEA State
  38. 30Projects in an EEA State likely to have significant transboundary effects
  39. Part 9: Unauthorised EIA Development
  40. 31Interpretation of Part 9
  41. 32Duty to ensure objectives of the Directive are met
  42. 33Prohibition on the grant of planning permission or subsequent consent for unauthorised EIA development
  43. 34Determination as to need for environmental statement, etc.
  44. 35Time period for submission of environmental statement
  45. 36Provision of information
  46. 37Procedure where the Commission receives an environmental statement
  47. 38Further information and evidence respecting environmental statements
  48. 39Publicity for environmental statements and decision making
  49. 40Significant transboundary effects
  50. Part 10: Permission in Enterprise and Simplified Planning Zones and Permission Granted by Development Orders
  51. 41Restrictions on the grant of permission by simplified planning zone schemes and enterprise zone schemes
  52. 42Development Orders
  53. Part 11: Miscellaneous
  54. 43Objectivity and bias
  55. 44Availability of information in relation to determinations, opinions, decisions, etc.
  56. 45Hearing by the Commission in relation to the council’s or Department’s determination
  57. 46Use of electronic communications
  58. 47Application to the Crown
  59. 48Revocation, saving and transitional provisions
  60. Signature
  61. Schedule 1Descriptions of development and applicable thresholds and criteria for the purpose of the definition of “Schedule 2 development”
  62. 1Paragraph 1
  63. 2Paragraph 2
  64. 3Paragraph 3
  65. 4Paragraph 4
  66. 5Paragraph 5
  67. 6Paragraph 6
  68. 7Paragraph 7
  69. 8Paragraph 8
  70. 9Paragraph 9
  71. 10Paragraph 10
  72. 11Paragraph 11
  73. 12Paragraph 12
  74. 13Paragraph 13
  75. 14Paragraph 14
  76. 15Paragraph 15
  77. 16Paragraph 16
  78. 17Paragraph 17
  79. 18Paragraph 18
  80. 19Paragraph 19
  81. 20Paragraph 20
  82. 21Paragraph 21
  83. 22Paragraph 22
  84. 23Paragraph 23
  85. 24Paragraph 24
  86. Schedule 2: Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”
  87. 1Paragraph 1
  88. 2Paragraph 2
  89. Schedule 3Selection criteria referred to in Article 4.3 of the Directive
  90. Schedule 4: Matters for Inclusion in Environmental Statement
  91. 1Paragraph 1
  92. 2Paragraph 2
  93. 3Paragraph 3
  94. 4Paragraph 4
  95. 5Paragraph 5
  96. 6Paragraph 6
  97. 7Paragraph 7
  98. 8Paragraph 8
  99. 9Paragraph 9
  100. 10Paragraph 10
  101. Explanatory note