Regulation 15 Determination of whether proposed works should be approved
On expiry of the period referred to in regulation 12(2)(b) the Department shall within a reasonable timeframe—
examine the information presented in the environmental statement and any supplementary information provided, where necessary, in accordance with regulation 12 and any relevant information received through the consultation under regulation 12 and 14, to assess the direct and indirect effects of the proposed works on the environmental factors specified in Schedule 3;
reach a reasoned conclusion on the significant effects of the project on the environment, taking into account the results of the examination referred to in sub-paragraph (a) (and where appropriate, its own supplementary examination); and
include that reasoned conclusion in the decision as to whether the proposed works are to be approved or not to be approved.
The reasoned conclusion referred to in paragraph (1)(b) must be still valid at the time that the decision is taken as to whether approval for the proposed works is or is not to be granted.
The Department must ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental statement.
Where—
the Department is satisfied that the reasoned conclusion, or any decisions made on the proposed works are still valid; and
no objection in relation to the likely environmental effects of the proposed works has been made; or
any such objection has been withdrawn,
and the Department, having undertaken the assessment required by paragraph (1), considers that the proposed works should proceed (unconditionally or subject to conditions) or should not proceed, it may so determine.
Where the Department has determined—
in accordance with paragraph (4), that the proposed works should be approved or that the proposed works should be approved subject to conditions, or
that the proposed works should not be approved,
the Department shall publish a general and local advertisement, in accordance with paragraph (6).
Each of the advertisements referred to in paragraph (5) shall—
inform the public of the determination; and
give details of the places where and the times at which the public may inspect a statement of—
the reasoned conclusion of the Department on the significant effects of the proposed works on the environment, taking into account the results of the examination referred to in paragraph (1);
any conditions to which the decision is subject which relate to the likely significant environmental effects of the proposed works on the environment;
a description of any features of the proposed works and any measures envisaged in order to avoid, prevent, reduce and, if possible, offset the likely significant adverse effects on the environment;
information about the public participation process and the results of the consultations;
any monitoring measures considered appropriate by the Department; and
where the proposed works are not approved the main reason for refusal.
At the same time as the notice in the Belfast Gazette is published under paragraph (5), the Department shall send a copy of the determination along with the details referred to in paragraph (6)(b)(i) to (vi) to each consultation body and any person who made representations under regulation 12 or 13, to the proposed works.
Where the Department, having considered the examination specified in paragraph (1), considers that the proposed works should be approved but objections to these works made in relation to the likely environmental effects have not been withdrawn, it shall send the proposal for the works together with the environmental statement, any additional information and any representations on it to the Commission for determination in accordance with paragraphs (9) to (12).
Where the Commission considers that the proposal, environmental statement, additional information and representations sent to it in accordance with paragraph (8) do not provide sufficient information to enable a determination to be made in relation to any proposed works in pursuance of this regulation, the Commission shall notify the Department in writing, of the matters on which further information is required and may make a written request to the Department for such information within a specified timeframe.
Where, in accordance with paragraph (9), the Commission requests further information in relation to any proposed works, the Department shall—
by general and local advertisement state—
that the further information is available in relation to the proposed works and give details of the places where and the times at which a copy may be inspected; and
that any person who wishes to make representations on the likely environmental effects of the proposed works to which the further information relates may make them in writing to the Commission at the address specified in the advertisement within 30 days of the date of the publication of the notice in the Belfast Gazette; and
on or before the date of the publication of the notice in the Belfast Gazette, send a copy of the further information and notice to each of the consultation bodies so that they have an opportunity to make representations to the Commission on the likely environmental effects of the proposed works to which the further information relates before the expiry of the period specified in the notice.
The Commission shall—
assess, in light of the environmental statement, any further information provided in response to a request under paragraph (9) and any representations referred to in regulation 12 or 14 or paragraph (10), the direct and indirect effects of the proposed works on the environmental factors specified in Schedule 3;
afford the Department and any persons who made representations the opportunity of appearing before and being heard by the Commission;
having regard to the assessment under sub-paragraph (a) and the representations made under sub-paragraph (b) and having examined the concerns and opinions expressed by the public and the main reason and considerations upon which the determination under consideration was based, including information about the public participation process—
consent to the proposed works in question unconditionally or subject to such conditions as the Commission considers appropriate; or
refuse to consent to the proposed works; and
send to the Department and any person who made representations under regulations 12 or 14 or paragraph (10) a statement in writing of—
the reasoned conclusion of the Commission on the significant effects of the proposed works on the environment, taking account the results of the examination referred to in this paragraph;
any conditions to which the decision is subject which relates to the likely significant environmental effects of the proposed works on the environment;
a description of any features of the proposed works and any measures envisaged in order to avoid, prevent, reduce and, if possible, offset the likely significant adverse effects on the environment;
information about the public participation process and the results of the consultation;
any monitoring measures considered appropriate by the Commission; and
where consent for the proposed works is refused the main reason for refusal.
The Department shall by general and local advertisement—
inform the public of the Commission’s determination under paragraph (11)(c) within 30 days of receipt of such determination; and
give details of the places where and the times at which the public may inspect a copy of the statement sent to it under paragraph (11)(d).
In relation to any determination made by the Department or by the Commission under this regulation or regulation 8, the Department shall maintain a record of, and make available to the public on request, the information referred to in paragraph (11)(d).