Regulation 13 Subsequent application where environmental information previously providedI1

Northern Ireland

(1)

This regulation applies where it appears to the council or, as the case may be, the Department that—

(a)

an application which is before it for determination—

(i)

is a subsequent application in relation to Schedule 1 development or Schedule 2 development;

(ii)

has not itself been the subject of a screening determination as to whether the development is or is not EIA development; and

(iii)

is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations; and

(b)

the original application was accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations.

(2)

Where it appears to the council or, as the case may be, the Department that the environmental information previously submitted in relation to the original application is adequate to assess the significant effects of the development on the environment, it shall take that information into consideration in its decision for subsequent consent.

(3)

Where it appears to the council or, as the case may be, the Department that the environmental information already before it is not adequate to assess the significant effects of the development on the environment, it shall serve a notice seeking further information in accordance with regulation 21(1).

Annotations

Commencement

I1: Reg. 13 in operation at 16.5.2017, see reg. 1