Planning and Development Act 2024

Type Act

Publication 2024-10-17

Last updated 2025-12-31

State In force

Source Irish Statute Book

articles 637

(a) noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the application, or

(b) existing noise mitigation measures or operating restrictions (if any), or any combination thereof.

(7) The competent authority shall, as soon as it is practicable for it to do so, by notice in writing given to the applicant and copied to the planning authority—

(a) inform the applicant of the noise mitigation measures or operating restrictions (if any), or any combination thereof, it proposes shall be required in a decision (if any) to grant permission for the development and its reasons for so proposing, and

(b) stating that the applicant may, within the period specified in the notice (being a period of not less than 4 weeks), make submissions on such noise mitigation measures or operating restrictions (if any), or any combination thereof, as the case may be, and on such reasons, which submissions may include counterproposals and be made by notice given to the competent authority and copied to the planning authority.

(8) The competent authority shall apply the Balanced Approach to its consideration of the counterproposals (if any) given to it by the applicant before the expiration of the period specified in the notice under subsection (7) concerned.

(9) Subject to subsection (10), the competent authority shall, as soon as is practicable after it complies with subsection (7) and, if applicable, subsection (8) and (at its discretion) having consulted with the applicant or any other person that it wishes to, in accordance with the Aircraft Noise Regulation and the Act of 2019, make, and publish on its website, a draft regulatory decision—

(a) on the noise mitigation measures or operating restrictions (if any), or any combination thereof, that it proposes to direct the planning authority to include as conditions of the planning authority’s decision (if any) to grant permission for the development, or

(b) that no such conditions are required to be included in the planning authority’s decision (if any) to grant permission for the development.

(10) The competent authority shall prepare, and publish on its website on the same date as the draft regulatory decision, a report in relation thereto which shall state the competent authority’s reasons for such decision and include therein, as appropriate:

(a) a summary of the data examined (including any data relating to appropriate assessment or environmental impact assessment);

(b) the noise abatement objective;

(d) an evaluation of the cost-effectiveness of the various measures considered by it;

(e) the application by it of the Balanced Approach;

(f) the identification of additional or alternative measures (other than those proposed in the draft regulatory decision) that have been considered by it;

(g) particulars of any proposed noise mitigation measures and operating restrictions (if any) proposed by it to be introduced;

(h) if applicable, the reasons for the proposed introduction of any noise mitigation measures and operating restrictions (if any);

(i) the relevant technical information in relation to any proposed noise mitigation measures and operating restrictions (if any) proposed by it to be introduced;

(j) a non-technical summary of such of the matters concerned referred to in paragraphs (a) to (i).

(11) (a) Where paragraph (a) of subsection (9) applies, the competent authority shall, as soon as is practicable after it complies with paragraph (a) of that subsection, give a notice to the airport authority directing it to—

(i) engage in discussions with the Irish Aviation Authority, the Irish Air Navigation Service and operators of aircraft in the airport concerning the technical feasibility of, and other alternatives to, the noise mitigation measures or operating restrictions (if any), or the combination thereof, the subject of the draft regulatory decision referred to in subsection (9), and

(ii) inform the competent authority of the outcome of those discussions before the expiration of the 14 weeks referred to in paragraph (c) of subsection (12).

(b) The airport authority shall comply with a direction given to it under paragraph (a).

(12) The competent authority shall, as soon as is practicable after it complies with subsections (9) and (10), publish, in a national newspaper, a notice—

(a) stating that the competent authority has—

(i) made a draft regulatory decision under subsection (9), and

(ii) prepared the related report under subsection (10),

(b) stating particulars of how persons may view or otherwise have access to the draft regulatory decision and related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours),

(c) inviting persons to make submissions in writing (and to provide a return address with such submissions) in the specified form (if any) on the draft regulatory decision or related report, or both, before the expiration of 14 weeks beginning on the date of publication of the notice in the national newspaper, and

(d) stating particulars of the addresses (which shall include an electronic address) to which such submissions may be sent.

(13) (a) The competent authority shall, as soon as is practicable after it complies with subsections (9) and (10), give to each of the applicant, the airport authority and the planning authority a copy of the draft regulatory decision that it made under subsection (9) and the related report that it prepared and published under subsection (10).

(b) For the avoidance of doubt, it is hereby declared that the applicant, the airport authority and the planning authority may each make submissions referred to in paragraph (c) of subsection (12) in accordance with that subsection.

(14) The competent authority shall, as soon as is practicable after the expiration of the 14 weeks referred to in paragraph (c) of subsection (12) and having regard to the submissions (if any) referred to in that subsection received by it within such 14 weeks and any information provided to the competent authority under subparagraph (ii) of paragraph (a) of subsection (11)—

(a) make a regulatory decision consisting of the adoption by it of the draft regulatory decision made by it under subsection (9) without any amendments or with such amendments as it considers appropriate, and

(b) revise the related report prepared under subsection (10) to take into account such submissions (if any) and such adoption and to state the competent authority’s reasons for such regulatory decision.

(15) The competent authority shall—

(a) as soon as is practicable after it complies with subsection (14)—

(i) publish on its website the regulatory decision it has adopted under paragraph (a) of subsection (14) and the related report it has revised under paragraph (b) of subsection (14), and

(ii) send a copy of such decision, together with a copy of the notice referred to in paragraph (b) (whether before or after the notice is published in accordance with that paragraph), to—

(I) the applicant,

(II) the airport authority,

(III) the planning authority,

(IV) the elected members of Fingal County Council,

(V) the elected members of Dáil Éireann, and

(VI) the return addresses of the persons who have made submissions referred to in paragraph (c) of subsection (12) in accordance with that subsection on the draft regulatory decision or related report concerned,

and

(b) as soon as is practicable after it complies with subparagraph (i) of paragraph (a), publish, in a national newspaper, a notice stating—

(i) that the competent authority has made a regulatory decision under paragraph (a) of subsection (14),

(ii) that the competent authority has revised the related report under paragraph (b) of subsection (14),

(iii) particulars of how persons may view or otherwise have access to such regulatory decision and such related report (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the competent authority during office hours), and

(iv) that a right of appeal to the Commission against the regulatory decision exists under sections 103 to 113 as read with section 193.

(16) (a) The planning authority shall—

(i) incorporate the competent authority’s regulatory decision under paragraph (a) of subsection (14), the subject of the notice given to the planning authority under subparagraph (ii) of paragraph (a) of subsection (15), and the competent authority’s reasons for such decision in the planning authority’s decision on the application and shall do so regardless of whether the planning authority’s decision is to refuse permission for the development or to grant permission for the development, and

(ii) notwithstanding any other provision of this Act, if necessary, revoke, revoke and replace, or amend the terms of, a condition of the permission granted in order to make the permission compatible with that regulatory decision.

(b) Notwithstanding that a regulatory decision referred to in paragraph (a) is made by the competent authority, such decision and the reasons for it shall, for the purposes of Chapter 3 of Part 4 as read with section 193, be treated as the decision, or part of the decision, as appropriate, of the planning authority on the application, and the other provisions of this Act shall be construed accordingly.

(c) The planning authority shall make its decision on the application as soon as is practicable after it receives, pursuant to subparagraph (ii) of paragraph (a) of subsection (15), a copy of the competent authority’s regulatory decision under paragraph (a) of subsection (14).

(17) Subject to subsection (18), a noise mitigation measure to be introduced by virtue of a regulatory decision adopted under paragraph (a) of subsection (14) shall—

(a) if no appeal under section 103 as read with section 193, is made, within the period referred to in subsection (5) of section 102 against the planning authority’s decision on the application, come into effect on the expiration of such period, and

(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

(18) The competent authority may, by notice published on its website on the same date as the regulatory decision made under paragraph (a) of subsection (14) is, pursuant to subparagraph (i) of paragraph (a) of subsection (15), also so published—

(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and

(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.

(19) Subject to paragraph (b) of section 26 of the Act of 2019, the competent authority shall, in relation to an operating restriction to be introduced by virtue of a regulatory decision adopted under paragraph (a) of subsection (14), take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.

(20) Subject to subsection (21), an operating restriction referred to in subsection (19) shall—

(a) come into effect on the day immediately following the day on which the operation of Article 8 of the Aircraft Noise Regulation ceases to further prevent the coming into effect of the operating restriction, and

(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

(21) The competent authority may, by notice published on its website at any time before the day first-mentioned in paragraph (a) of subsection (20)—

(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction referred to in subsection (19), and

(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect.

(22) Subsections (2) to (5) of section 99 shall not apply where the competent authority forms the opinion that a noise problem that would arise from the carrying out of the development as proposed would contravene materially the development plan.

192. Supplementary provisions relating to operating restriction included in planning permission

192. (1) (a) The person in whose favour a relevant permission operates may, by virtue of this subsection and notwithstanding any other provision of this Act, make a request to the planning authority under section 140 where the request is only for a relevant action to be taken.

(b) Section 140 and the other provisions of this Act shall be read with all necessary modifications to take account of the relevant application.

(c) Subsections (4) to (7) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to measures referred to in this section as those subsections apply to measures referred to in those subsections.

(2) The planning authority shall give the competent authority a copy of the relevant application and consult with the competent authority in relation to, as appropriate, one or more of the following matters—

(a) any noise problem that would arise from taking the relevant action as proposed (including any implications that would arise therefrom in relation to appropriate assessment or environmental impact assessment matters) and any further information subsequently sought by the relevant authority from the applicant in relation to such action and given by the applicant to the planning authority and the competent authority;

(b) where a noise problem would arise from taking the relevant action as proposed—

(i) any information in the relevant application on the application of the Balanced Approach to the relevant action and any further information or plans subsequently sought by the relevant authority from the applicant in relation to the relevant action or Balanced Approach and given by the applicant to the planning authority and the competent authority,

(ii) whether noise mitigation measures or operating restrictions (if any), or any combination thereof, not proposed in the relevant application are or is required and any information or plans subsequently sought by the relevant authority from the applicant in relation to such measures or restrictions, or combination thereof, as the case may be, and given by the applicant to the planning authority and the competent authority,

(iii) any information subsequently sought by the relevant authority from the applicant in relation to the application of the Balanced Approach to the noise mitigation measures or operating restrictions, or combination thereof, referred to in subparagraph (ii) and given by the applicant to the planning authority and the competent authority, and

(iv) subject to subsection (4), whether permission could be granted for the taking of the relevant action subject to conditions specified by the competent authority relating to noise mitigation measures or operating restrictions (if any), or any combination thereof.

(3) Where the applicant gives any information or plans referred to in subsection (2) to a relevant authority, the applicant shall, on the same date (or as soon as practicable thereafter), give copies of such information or plans, as the case may be, to the other relevant authority.

(4) Where this section applies and notwithstanding any other provision of this Act, the planning authority shall neither decide to refuse the relevant application nor grant the relevant application subject to or without conditions until it receives a notice under subsection (5) or subparagraph (ii) of paragraph (a) of subsection (16) from the competent authority in respect of the relevant application.

(5) (a) Paragraph (b) applies where the competent authority is satisfied that permission should not be granted for the relevant application for the reason that inadequate provision has been made in the application (or in any plans or further information, or both, subsequently given by the applicant to the planning authority and the competent authority) to deal with the noise problem that would arise from the carrying out of the relevant action as proposed.

(b) The competent authority shall, as soon as is practicable after it is so satisfied, give a notice to the planning authority, stating the competent authority’s reasons why it is so satisfied, and directing the planning authority to refuse the relevant application.

(c) The planning authority shall comply with a direction given to it under paragraph (b) as soon as is practicable after it receives the notice referred to in that paragraph and shall incorporate such notice in its decision to refuse the relevant application.

(d) Notwithstanding that a refusal referred to in paragraph (c) arises from a direction given by the competent authority to the planning authority, such refusal and the reasons for it shall, for the purposes of section 143 as read with section 193, be treated as the decision of the planning authority on the relevant application, and the other provisions of this Act shall be construed accordingly.

(6) The planning authority shall, in determining the relevant application, consider whether taking the relevant action requires the reconsideration of any other aspect of the relevant permission and, after having consulted with the competent authority, may, in accordance with regulations made under section 183, request and consider further information from the applicant in that regard.

(7) Subsection (8) applies where the competent authority has applied the Balanced Approach to the noise problem referred to in subsection (2) and, in accordance with the Balanced Approach, assessed the noise mitigation measures or operating restrictions (if any), or any combination thereof, that may be required to be introduced, and whether or not such measures or restrictions, or combination thereof, as the case may be, are or is in addition to, or in replacement of, one or more—

(a) noise mitigation measures or operating restrictions (if any), or any combination thereof, proposed in the relevant action, or

(b) existing noise mitigation measures or operating restrictions, or combination thereof.

(8) The competent authority shall, as soon as it is practicable for it to do so, by notice given to the applicant and copied to the planning authority—

(a) inform the applicant of the noise mitigation measures or operating restrictions (if any), or combination thereof, proposed to be required in a decision (if any) to grant the relevant application and its reasons for so proposing, and

(b) stating that the applicant may, within the period specified in the notice (being a period of not less than 4 weeks), make submissions on such noise mitigation measures or operating restrictions (if any), or combination thereof, as the case may be, and on such reasons, including counterproposals, by notice in writing given to the competent authority and copied to the planning authority.

(9) The competent authority shall apply the Balanced Approach to its consideration of the counterproposals (if any) given to it by the applicant before the expiration of the period specified in the notice under subsection (8) concerned.

(10) Subject to subsection (11), the competent authority shall, as soon as is practicable after it complies with subsection (8) and, if applicable, subsection (9) and (at its discretion) having consulted with the applicant or any other person that it wishes to, in accordance with the Aircraft Noise Regulation and the Act of 2019, make, and publish on its website, a draft regulatory decision—

(a) on the noise mitigation measures or operating restrictions (if any), or combination thereof, that it proposes to direct the planning authority to include as conditions of the planning authority’s decision (if any) to grant the relevant application, or

(b) that no such conditions are required to be included in the planning authority’s decision (if any) to grant the relevant application.

(11) The competent authority shall prepare, and publish on its website on the same date as the draft regulatory decision, a report in relation thereto which shall state the planning authority’s reasons for such decision and include therein, as appropriate:

(a) a summary of the data examined (including any data relating to appropriate assessment or environmental impact assessment);

(b) the noise abatement objective;

(d) an evaluation of the cost-effectiveness of the various measures considered by it;

(e) the application by it of the Balanced Approach;

(f) the identification of additional or alternative measures (other than those proposed in the draft regulatory decision) that have been considered by it;

(g) particulars of any proposed noise mitigation measures and operating restrictions (if any) proposed by it;

(h) if applicable, the reasons for the proposed introduction of any noise mitigation measures and operating restrictions (if any) proposed by it;

(i) the relevant technical information in relation to any proposed noise mitigation measures and operating restrictions (if any) proposed by it;

(j) a non-technical summary of such of the matters concerned referred to in paragraphs (a) to (i).

(12) (a) Where paragraph (a) of subsection (10) applies, the competent authority shall, as soon as is practicable after it complies with paragraph (a) of that subsection, give a notice to the airport authority directing it to—

(i) engage in discussions with the Irish Aviation Authority, Irish Air Navigation Service and operators of aircraft in the airport concerning the technical feasibility of, and other alternatives to, the noise mitigation measures or operating restrictions (if any), or the combination thereof, the subject of the draft regulatory decision referred to in subsection (10), and

(ii) inform the competent authority of the outcome of those discussions before the expiration of the 14 weeks referred to in paragraph (c) of subsection (14).

(b) The airport authority shall comply with a direction given to it under paragraph (a).

(13) (a) The competent authority shall, as soon as is practicable after it complies with subsections (10) and (11), give to each of the applicant, the airport authority and the planning authority a copy of the draft regulatory decision that it made under subsection (10) and the related report that it prepared and published under subsection (11).

(14) The competent authority shall, as soon as is practicable after it complies with subsections (10) and (11), publish, in a national newspaper, a notice—

(a) stating that the competent authority has—

(i) made a draft regulatory decision under subsection (10), and

(ii) prepared the related report under subsection (11),

(d) stating particulars of the addresses (which shall include an electronic address) to which such submissions may be sent.

(15) The competent authority shall, as soon as is practicable after the expiration of the 14 weeks referred to in paragraph (c) of subsection (14) and having regard to the submissions (if any) referred to in that subsection received by it within such 14 weeks and any information provided to the competent authority under subparagraph (ii) of paragraph (a) of subsection (12)—

(a) make a regulatory decision consisting of the adoption by it of the draft regulatory decision made by it under subsection (10) without any amendments or with such amendments as it considers appropriate, and

(b) revise the related report prepared under subsection (11) to take into account such submissions (if any) and such adoption and to state the competent authority’s reasons for such regulatory decision.

(16) The competent authority shall—

(a) as soon as is practicable after it complies with subsection (15)—

(i) publish on its website the regulatory decision it has made under paragraph (a) of subsection (15) and the related report it has revised under paragraph (b) of subsection (15), and

(ii) send a copy of such decision, together with a copy of the notice referred to in paragraph (b) (whether before or after the notice is published), to—

(I) the applicant,

(II) the airport authority,

(III) the planning authority,

(IV) the elected members of Fingal County Council,

(V) the elected members of Dáil Éireann, and

(VI) the return addresses of the persons who have made submissions referred to in paragraph (c) of subsection (14) in accordance with that subsection on the draft regulatory decision or related report concerned,

and

(b) as soon as is practicable after it complies with subparagraph (i) of paragraph (a), publish, in a national newspaper, a notice stating—

(i) that the competent authority has made a regulatory decision under paragraph (a) of subsection (15),

(ii) that the competent authority has revised the related report under paragraph (b) of subsection (15),

(iv) that a right to appeal to the Commission against the regulatory decision exists under sections 103 to 113 as read with section 193.

(17) (a) The planning authority shall—

(i) incorporate the competent authority’s regulatory decision under paragraph (a) of subsection (15), the subject of the notice given to the planning authority under subparagraph (ii) of paragraph (a) of subsection (16), and the competent authority’s reasons for such decision in the planning authority’s decision on the application and shall do so regardless of whether the planning authority’s decision is to refuse the relevant application or to grant the relevant application, and

(b) Notwithstanding that a regulatory decision referred to in paragraph (a) is a decision made by the competent authority, such decision and the reasons for it shall, for the purposes of section 143 as read with section 193, be treated as the decision of the planning authority on the relevant application, and the other provisions of this Act shall be construed accordingly.

(c) The planning authority shall make its decision on the application as soon as is practicable after it receives, pursuant to subparagraph (ii) of paragraph (a) of subsection (16), a copy of the competent authority’s regulatory decision under paragraph (a) of subsection (15).

(18) Subject to subsection (19), a noise mitigation measure to be introduced by virtue of a regulatory decision adopted under paragraph (a) of subsection (15) shall—

(a) if no appeal under subsection (7) of section 143 as read with section 193 is made, within the period for bringing an appeal under subsection (5) of section 102, against the planning authority’s decision on the application, come into effect on the expiration of such period, and

(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

(19) The competent authority may, by notice published on its website on the same date as the regulatory decision made under paragraph (a) of subsection (15) is, pursuant to subparagraph (i) of paragraph (a) of subsection (16), also so published—

(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and

(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.

(20) Subject to paragraph (b) of section 26 of the Act of 2019, the competent authority shall, in relation to an operating restriction to be introduced by virtue of a regulatory decision adopted under paragraph (a) of subsection (15), take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.

(21) Subject to subsection (22), an operating restriction referred to in subsection (20) shall—

(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

(22) The competent authority may, by notice published on its website at any time before the day first-mentioned in paragraph (a) of subsection (21)—

(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction referred to in subsection (20), and

(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect.

(23) In this Part, health aspects shall be assessed in accordance with the Environmental Noise Directive and the European Communities (Environmental Noise) Regulations 2018 (S.I. No. 549 of 2018).

(24) In this section—

“relevant action”, in relation to a relevant operating restriction the subject of a relevant application, means—

(a) to revoke the operating restriction,

(b) to amend the terms of the operating restriction in the manner specified in the application,

(d) to take an action referred to in paragraph (a), (b) or (c) together with introducing new noise mitigation measures or revoking, revoking and replacing, or amending the terms of, existing noise mitigation measures, or a combination thereof,

(e) if the relevant application relates to 2 or more relevant operating restrictions, to take any combination of any of the actions referred to in paragraphs (a) to (d), or

(f) to take an action referred to in paragraph (a), (b), (c), (d) or (e) together with revoking, revoking and replacing, or amending the terms of, a condition of the relevant permission;

“relevant application” means a request referred to in paragraph (a) of subsection (1);

“relevant operating restriction”, in relation to a relevant permission, means an operating restriction included in that permission;

“relevant permission” means a permission granted under Chapter 3 of Part 4—

(a) for development at the airport, and

(b) that includes an operating restriction.

193. Supplementary provisions relating to decisions on certain applications referred to in subsection (1) of section 191 or subsection (1) of section 192 that were not refused

193. (1) (a) This section applies in addition to Chapter 3 of Part 4 in the case of an appeal under section 103 against a decision of the planning authority under section 98 where, pursuant to subsection (16) of section 191 or subsection (17) of section 192, that decision incorporates a regulatory decision of the competent authority under paragraph (a) of subsection (14) of section 191 or paragraph (a) of subsection (15) of section 192, as the case may be.

(b) The competent authority shall be a party to the appeal notwithstanding paragraph (b) of subsection (16) of section 191 or paragraph (b) of subsection (17) of section 192.

(2) For the purposes of a relevant appeal, the reference in subsection (1) of section 102 to “any person who made submissions in writing in relation to the planning application to the planning authority” includes any person who made submissions in writing referred to in paragraph (c) of subsection (12) of section 191 or paragraph (c) of subsection (14) of section 192 to the competent authority in relation to the draft regulatory decision or related report referred to in subsection (9) or (10), as the case may be, of section 191 or subsection (10) or (11), as the case may be, of section 192.

(3) (a) Subsections (1) to (3) of section 9 of the Act of 2019 shall apply to the Commission’s consideration of the relevant appeal, subject to the modification that any reference to the competent authority in those subsections shall be read as a reference to the Commission and subject to any other necessary modification.

(b) Subsections (4) to (7) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to measures forming part of the Commission’s consideration of the relevant appeal as those subsections apply to measures referred to in those subsections.

(c) The Commission may, in its decision on the relevant appeal and its related report (paragraph (a) of subsection (7)), accept or reject all or any part of—

(i) the relevant regulatory decision the subject of the appeal, or

(ii) the report prepared under subsection (10) of section 191 and revised under paragraph (b) of subsection (14) of section 191, or prepared under subsection (11) of section 192 and revised under paragraph (b) of subsection (15) of section 192, as appropriate, which relates to such relevant regulatory decision.

(4) (a) Paragraphs (b) and (c) shall apply where the Commission is considering, in its determination of the relevant appeal in so far as the appeal relates to the relevant regulatory decision, adopting noise mitigation measures or operating restrictions (if any), or a combination thereof, which were not, during the process that gave rise to the relevant regulatory decision, the subject of previous consultation conducted by the competent authority pursuant to section 191 or 192, as the case may be.

(b) Subsection (12) of section 9 of the Act of 2019 shall apply to the Commission and the decision it is minded to make on the relevant appeal, subject to the modifications that—

(i) any reference to the competent authority in that subsection were a reference to the Commission, and

(ii) any reference in that subsection to the draft regulatory decision were a reference to the decision that the Commission is minded to make on the relevant appeal.

(i) publish on its website a draft of the decision it is minded to make on the relevant appeal in so far as the decision relates to the relevant regulatory decision which shall—

(I) identify all the noise mitigation measures and operating restrictions (if any) proposed to be adopted by the Commission and not just such measures (if any) referred to in paragraph (a), and

(II) stating, at a minimum, the Commission’s reasons for the draft decision and having annexed to it the related report (paragraph (b) of subsection (4)),

and

(ii) on the same date as complying with subparagraph (i) (or as soon as is practicable thereafter), publish a notice on its website and in a national newspaper—

(I) stating that the Commission has made a draft decision under subparagraph (i) of paragraph (c) on the relevant appeal in so far as the appeal relates to the relevant regulatory decision and prepared the related report (paragraph (b) of subsection (4)),

(II) stating particulars of how persons may view or otherwise have access to the draft decision and related report (paragraph (b) of subsection (4)) (which shall include being able to view the decision or report, or purchase a copy of the decision or report at a reasonable cost, at the offices of the Commission during office hours),

(III) inviting persons to make submissions in writing (and to provide a return address with such submissions) in the form specified by the Commission (if any) on the draft decision (including any annex thereto) before the expiration of 14 weeks beginning on the date on which the notice was so published in the national newspaper, and

(IV) stating particulars of the addresses (which shall include an electronic address) to which such submissions may be sent.

(5) (a) The Commission shall, as soon as is practicable after it complies with subsection (4), give each of the appellant and the other parties to the relevant appeal a copy of the draft decision referred to in subparagraph (i) of paragraph (c) of subsection (4).

(b) For the avoidance of doubt, it is hereby declared that the appellant and the other parties to the relevant appeal may each make submissions referred to in clause (III) of subparagraph (ii) of paragraph (c) of subsection (4) in accordance with that subsection.

(6) (a) Where subsection (4) applies, the Commission shall, as soon as is practicable after it complies with paragraph (c) of that subsection, by notice direct the airport authority to—

(i) engage in discussions with the Irish Aviation Authority and operators of aircraft in the airport concerning the technical feasibility of, and other alternatives to, the noise mitigation measures or operating restrictions (if any), or the combination thereof, the subject of the draft decision referred to in subparagraph (i) of paragraph (c) of subsection (4), and

(ii) inform the Commission of the outcome of those discussions before the expiration of the 14 weeks referred to in clause (III) of subparagraph (ii) of paragraph (c) of subsection (4).

(b) The airport authority shall comply with a direction given to it under paragraph (a).

(7) The Commission shall, as soon as is practicable after it makes a decision on the relevant appeal, in so far as the appeal relates to the relevant regulatory decision—

(a) publish on its website the first-mentioned decision, in so far as it so relates, to which is annexed a report prepared by the Commission in relation to such decision stating the Commission’s reasons for such decision and including therein—

(i) such of the matters referred to in paragraphs (a) to (j) of subsection (10) of section 191 or paragraphs (a) to (j) of subsection (11) of section 192, as the case may be, as are appropriate (which inclusion may be achieved, at the Commission’s discretion, by the adoption by it of any part of the report concerned referred to in subparagraph (ii) of paragraph (c) of subsection (3)), and

(ii) if subsection (4) applies, the related report (paragraph (b) of subsection (4)) revised by the Commission to take into account all documents, submissions (if any), and such other information, given to it pursuant to a provision of this section and to take into account the first-mentioned decision in so far as it so relates,

(b) on the same date as complying with paragraph (a) (or as soon as is practicable thereafter), publish a notice on its website and in a national newspaper stating—

(i) that it has made a decision on the relevant appeal in so far as the appeal relates to the relevant regulatory decision,

(ii) particulars of how persons may view or otherwise have access to such decision (including any annex thereto) in so far as it so relates (which shall include being able to view the decision, or purchase a copy of the decision at a reasonable cost, at the offices of the Commission during office hours), and

(iii) that a person may question the validity of the Commission’s decision on the relevant appeal (including such decision in so far as it relates to the relevant regulatory decision) by way of an application for judicial review in accordance with Part 9,

(c) send a copy of the first-mentioned decision (whether with or without any annex thereto), together with the notice referred to in paragraph (b) (whether before or after the notice is published), to the appellant, the other parties to the relevant appeal and (if the airport authority is neither the appellant nor another party to the relevant appeal) the airport authority, and

(d) if subsection (4) applied, send a copy of the first-mentioned decision (whether with or without any annex thereto), together with the notice referred to in paragraph (b) (whether before or after the notice is published), to the return addresses of the persons who have made submissions referred to in clause (III) of subparagraph (ii) of paragraph (c) of subsection (4) in accordance with that subsection on the draft decision concerned.

(8) Where the Commission has failed to make a decision under section 109 as read with this section in relation to the relevant appeal within the period it is required to do so by a provision of this Act and becomes aware, whether through notification by the appellant or otherwise, that it has so failed, the Commission shall nevertheless proceed to make such decision and the decision so made shall be considered to have been made under section 109 notwithstanding such failure.

(9) A failure by the Commission to determine an appeal under this Chapter within the period or periods specified in, or prescribed under, this section shall not invalidate the decision of the Commission in relation to the appeal.

(10) Subject to subsection (11), a noise mitigation measure to be introduced by virtue of a decision on the relevant appeal in so far as the decision relates to the relevant regulatory decision shall—

(a) come into effect on the day immediately following the day on which, pursuant to subsection (7), that first-mentioned decision is published on the website of the Commission, and

(b) after coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the Commission.

(11) The Commission may, by notice published on its website on the same date as the decision first-mentioned in subsection (10) is, pursuant to subsection (7), also so published—

(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of a noise mitigation measure to be introduced by virtue of that decision, and

(b) specify the date, or the occurrence of the event, on which such noise mitigation measure shall come into effect.

(12) Subject to paragraph (b) of section 26 of the Act of 2019, the Commission shall, in relation to an operating restriction to be introduced by virtue of a decision on the relevant appeal in so far as the decision relates to the relevant regulatory decision, take such steps as it considers appropriate to cause Article 8 of the Aircraft Noise Regulation to be complied with as soon as is practicable after it applies to such restriction.

(13) Subject to subsection (14), an operating restriction to which subsection (12) applies shall—

(b) after so coming into effect, remain in effect until revoked, or revoked and replaced, by the competent authority or the appeal body.

(14) The Commission may, by notice published on its website at any time before the day first-mentioned in paragraph (a) of subsection (13)—

(a) authorise, for reasons stated in the notice, a lead in time for the coming into effect of the operating restriction to which subsection (12) applies, and

(b) specify the date, or the occurrence of the event, on which such operating restriction shall come into effect.

(15) In this section—

“related report (paragraph (b) of subsection (4))” means the report (if any) prepared by the Commission pursuant to paragraph (b) of subsection (4);

“related report (paragraph (a) of subsection (7))” means the report prepared by the Commission pursuant to paragraph (a) of subsection (7);

“relevant appeal” means an appeal referred to in paragraph (a) of subsection (1);

“relevant regulatory decision”, in relation to a relevant appeal, means the relevant regulatory decision referred to in subsection (1) which is incorporated into the planning authority’s decision under section 98 that is the subject of the relevant appeal.

194. Supplementary provisions relating to decisions on applications referred to in subsection (1) of section 191 or subsection (1) of section 192

194. (1) (a) This section applies in addition to Chapter 3 of Part 4 in the case of an appeal under section 103 against a decision of the planning authority under section 98 where—

(i) pursuant to paragraph (a) of subsection (1) of section 191, the competent authority concludes that it is not of the opinion referred to in subparagraph (iii) of paragraph (a) of subsection (1) of section 191, or

(ii) pursuant to subsection (5) of section 191 or subsection (5) of section 192, the competent authority decides to refuse the application concerned.

(b) The competent authority shall be a party to the appeal notwithstanding paragraph (d) of subsection (5) of section 191 or paragraph (d) of subsection (5) of section 192.

(2) Without prejudice to the generality of the Commission’s powers under Chapter 3 of Part 4, or under Chapter 3 of Part 4 as read with any other provision of this Act, the Commission shall, in determining the appeal—

(a) where subparagraph (i) of paragraph (a) of subsection (1) applies, take into account section 191 following subsection (1) of such section 191, and of paragraph (b) of section 26 (with all necessary modifications) of the Act of 2019 as are, in the Commission’s opinion, relevant to the appeal,

(b) where the refusal referred to in subparagraph (ii) of paragraph (a) of subsection (1) arises from the operation of subsection (5) of section 191, take account of section 191 following subsection (5) of such section 191, and paragraph (b) of section 26 (with all necessary modifications) of the Act of 2019, as are, in the Commission’s opinion, relevant to the appeal, or

(c) where the refusal referred to in subparagraph (ii) of paragraph (a) of subsection (1) arises from the operation of subsection (5) of section 192, take account of section 192 following subsection (5) of such section 192, and of paragraph (b) of section 26 (with all necessary modifications) of the Act of 2019, as are, in the Commission’s opinion, relevant to the appeal.

(3) Subsections (1) to (3) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to—

(a) the Commission’s consideration of the appeal in so far as such consideration relates to—

(i) a conclusion referred to in subparagraph (i) of paragraph (a) of subsection (1), or

(ii) a refusal referred to in subparagraph (ii) of paragraph (a) of subsection (1),

and

(b) the Commission’s determination of the appeal in so far as it so relates as referred to in paragraph (a),

as if any reference to the competent authority in those subsections (1) to (3) of that section 9 were a reference to the Commission.

(4) Subsections (4) to (7) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to measures forming part of the Commission’s consideration of the appeal as those subsections apply to measures referred to in those subsections.

(5) Subsection (12) of section 9 of the Act of 2019 shall, with all necessary modifications, apply to—

(a) the Commission and the decision it is minded to make on the appeal in so far as such decision relates to—

(i) a conclusion referred to in subparagraph (i) of paragraph (a) of subsection (1), or

(ii) a refusal referred to in subparagraph (ii) of paragraph (a) of subsection (1),

and

(b) the Commission’s determination of the appeal in so far as it so relates as referred to in paragraph (a),

as if any reference to the competent authority in such subsection (12) were a reference to the Commission and as if any reference in such subsection (12) to the draft regulatory decision were a reference to the decision that the Commission is minded to make on such appeal.

PART 6 Environmental Assessments

Chapter 1

195. Definitions

195. In this Part—

“applicant for permission” includes a person who makes a request for an alteration of the terms, or extension of the duration, of a permission under subsection (1) of section 140;

“application for permission” includes a request for an alteration of the terms, or extension of the duration, of a permission under subsection (1) of section 140;

“energy from renewable sources” has the meaning assigned to it by Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018^15 on the promotion of the use of energy from renewable sources;

“environmental impact assessment” shall be construed in accordance with Chapter 4;

“permission” means—

(a) permission for development under Chapter 3 of Part 4,

(b) permission for development (including retrospective consent) under Chapter 4 of Part 4, and

(c) an alteration of the terms, or extension of duration, of a permission requested under subsection (1) of section 140;

“relevant development” means—

(a) development,

(b) proposed development, or

(c) a proposed alteration of the terms, or extension of duration, of a permission requested under subsection (1) of section 140.

196. Duties of independence, confidentiality, etc.

196. (1) A competent authority (within the meaning of Chapter 2, 3 or 4) shall be independent and impartial in the performance of its functions.

(2) (a) A requirement imposed on a developer by this Act to consult with a planning authority shall not apply if that planning authority is the developer.

(b) A requirement imposed on a developer by this Act to consult with a public authority shall not apply if that public authority is the developer.

(3) This Part shall not operate to require a competent authority (within the meaning of Chapter 2, 3 or 4) to contravene any prohibition or limitation on the disclosure of information imposed by law for the purposes of safeguarding commercial and industrial confidentiality (including in relation to intellectual property) or the public interest.

197. Access to expertise

197. A competent authority (within the meaning of Chapter 2, 3 or 4) shall ensure that it has access to such expertise as is necessary to enable it to perform its functions under this Part and, for that purpose, it may engage such consultants or advisers as it considers appropriate.

Chapter 2

198. Interpretation

198. (1) In this Chapter—

“competent authority” means—

(a) in relation to a National Planning Framework proposed to be published in accordance with subsection (1) of section 21 or a proposed revision of a National Planning Framework under that Chapter, the Minister,

(b) in relation to a National Planning Statement proposed to be issued under Chapter 3 of Part 3 or a proposed amendment to or revocation of a National Planning Statement under that Chapter, the Minister,

(c) in relation to the proposed revocation of any guidelines issued by the Minister under section 28 of the Act of 2000 and continued in force by virtue of section 27, the Minister,

(d) in relation to a regional spatial and economic strategy proposed to be made under Chapter 4 of Part 3 or a proposed revision of a regional spatial and economic strategy under that Chapter, the regional assembly for the region to which the regional spatial and economic strategy concerned relates,

(e) in relation to a draft amendment to a regional spatial and economic strategy as provided for in subsection (2) of section 37, the director of the regional assembly for the region to which the regional spatial and economic strategy concerned relates,

(f) in relation to a development plan proposed to be made under Chapter 5 of Part 3 or a proposed variation of a development plan under that Chapter, the planning authority to whose functional area the development plan concerned relates,

(g) in relation to a draft amendment to a development plan as provided for in subsection (2) of section 62, the chief executive of the planning authority in whose functional area the development plan concerned relates,

(h) in relation to an urban area plan proposed to be made under Chapter 6 of Part 3 or a proposed amendment to or revocation of an urban area plan under that Chapter, the planning authority within whose functional area the settlement to which the urban area plan concerned relates is situate,

(i) in relation to a priority area plan proposed to be made under Chapter 6 of Part 3 or a proposed amendment to or revocation of a priority area plan under that Chapter, the planning authority within whose functional area the part of a settlement to which the priority area plan concerned relates is situate,

(j) in relation to a coordinated area plan proposed to be made under Chapter 6 of Part 3 or a proposed amendment to or revocation of a coordinated area plan under that Chapter, other than a revocation of a coordinated area plan in accordance with subsection (3) of section 77, the principal planning authority (within the meaning of Part 3) in relation to the coordinated area plan concerned,

(k) in relation to a direction proposed to be issued by the Minister under section 40 in respect of a regional spatial and economic strategy and subject to subsection (2) of section 200, the Office and the Minister,

(l) in relation to a direction proposed to be issued by the Minister under section 65 in respect of a development plan, the Office and the Minister,

(m) in relation to an order proposed to be made under subsection (3) of section 68, the Minister;

(n) in relation to a direction proposed to be issued by the Minister under section 80 in respect of an urban area plan, a priority area plan or a coordinated area plan, the Office and the Minister, and

(o) in relation to an urgent direction proposed to be issued by the Minister under section 67 in respect of a development plan, the Minister;

“make” includes—

(a) in relation to a National Planning Framework, publish in accordance with subsection (1) of section 21,

(b) in relation to—

(i) a National Planning Statement,

(ii) a direction as provided for in section 40, section 65 or section 80, and

(iii) an urgent direction as provided for in section 67,

issue, and

(i) any guidelines issued by the Minister under section 28 of the Act of 2000 and continued in force by virtue of section 27,

(ii) an urban area plan,

(iii) a priority area plan, or

(iv) a coordinated area plan,

the making of the decision to revoke the guidelines, urban area plan, priority area plan or coordinated area plan, as the case may be;

“plan” means—

(a) a National Planning Framework or a revision to a National Planning Framework,

(b) a National Planning Statement, an amendment to a National Planning Statement or a revocation of a National Planning Statement,

(c) a revocation of guidelines issued by the Minister under section 28 of the Act of 2000 and continued in force by virtue of section 27,

(d) a regional spatial and economic strategy or a revision to a regional spatial and economic strategy,

(e) an amendment to a regional spatial and economic strategy as provided for in subsection (2) of section 37,

(f) a development plan or a variation of a development plan,

(g) an amendment to a development plan as provided for in subsection (2) of section 62,

(h) an urban area plan, an amendment to an urban area plan or a revocation of an urban area plan,

(i) a priority area plan, an amendment to a priority area plan or a revocation of a priority area plan,

(j) a coordinated area plan, an amendment to a coordinated area plan or a revocation of a coordinated area plan other than a revocation in accordance with subsection (3) of section 77,

(k) a direction in respect of a regional spatial and economic strategy as provided for in section 40,

(l) an order under subsection (3) of section 68,

(m) a direction in respect of a development plan as provided for in section 65,

(n) a direction in respect of an urban area plan, a priority area plan or a coordinated area plan as provided for in section 80, and

(o) an urgent direction in respect of a development plan as provided for in section 67;

“proposed plan” means a plan that is proposed to be made;

“screening for appropriate assessment” means, in relation to a plan, an assessment carried out in accordance with section 202.

(2) A word or expression that is used in this Chapter and in the Habitats Directive has the meaning in this Chapter that it has in that directive.

(3) A word or expression that is used in this Chapter and in the Birds Directive has the meaning in this Chapter that it has in that directive.

(4) This Chapter shall be construed in accordance with the Habitats Directive and the Birds Directive.

199. Purpose of Chapter

199. The purpose of this Chapter is to give effect to the State’s obligations under paragraphs 3 and 4 of Article 6 of the Habitats Directive in relation to plans.

200. Performance of functions by competent authority

200. (1) A competent authority shall, in performing the functions conferred on it by or under this Chapter, take appropriate steps to avoid in a European site the deterioration of natural habitats and the habitats of species as well as the disturbance of the species for which the site has been designated, insofar as such disturbance could be significant having regard to the objectives of the Habitats Directive.

(2) The functions of the competent authority, in relation to a direction proposed to be issued by the Minister under section 40 in respect of a regional spatial and economic strategy, shall be performed by the Office and the Minister in accordance with sections 39 and 40 and subsection (6) of section 206.

(3) The functions of the competent authority, in relation to a direction proposed to be issued by the Minister under section 65 in respect of a development plan, shall be performed by the Office and the Minister in accordance with sections 64 and 65 and subsection (6) of section 206.

(4) The functions of the competent authority, in relation to a direction proposed to be issued by the Minister under section 80 in respect of an urban area plan, a priority area plan or a coordinated area plan, shall be performed by the Office and the Minister in accordance with sections 79 and 80 and subsection (6) of section 206.

201. Prohibition on making of plans except in certain circumstances

201. A plan shall not be made under Part 3 unless—

(a) the competent authority has made a determination in accordance with subsection (4) of section 202 that an appropriate assessment is not required,

(b) the competent authority has carried out an appropriate assessment and has made a determination under subsection (5) of section 205 that the proposed plan will not adversely affect the integrity of a European site,

(c) the competent authority has carried out an appropriate assessment and the plan is proposed to be made in accordance with paragraph (b) of subsection (7) of section 205,

(d) the Minister has come to the conclusion referred to in subsection (11) of section 206, or

(e) the Minister has—

(i) come to the conclusion referred to in paragraph (a) of subsection (11) of section 207, or

(ii) come to the conclusion referred to in subparagraph (i) of paragraph (b) of subsection (11) of section 207 and received an opinion referred to in subparagraph (ii) of the said paragraph (b) from the European Commission.

202. Obligation to carry out screening for appropriate assessment of plans

202. (1) The competent authority shall carry out a screening for appropriate assessment of a proposed plan that is not directly connected with, or necessary for, the management of a European site, for the purpose of determining whether or not the proposed plan (either individually or in combination with any project or other plan) is likely to have a significant effect on a European site having regard to the conservation objectives of that European site.

(2) For the purpose of the carrying out of a screening for appropriate assessment under this section, the competent authority may consult with such persons as the competent authority considers appropriate.

(3) (a) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority determines that the likelihood of a proposed plan (either individually or in combination with any project or other plan) having significant effects on a European site cannot be excluded, the competent authority shall, before the making of the plan, carry out an appropriate assessment of the proposed plan in accordance with section 205.

(b) In this subsection “proposed plan” includes a proposed modification, amendment or alteration of a proposed plan.

(4) (a) Where, on the basis of a screening for appropriate assessment carried out under this section, the competent authority determines that the likelihood of a proposed plan (either individually or in combination with any project or other plan) having significant effects on a European site can be excluded, an appropriate assessment of the proposed plan concerned shall not be required.

(b) In this subsection “proposed plan” includes a proposed modification, amendment or alteration of a proposed plan.

(5) Where, subsequent to the making of a determination under subsection (3) or subsection (4) and before a plan is made, it is proposed to—

(a) modify (other than in accordance with a determination under subsection (7) of section 205), or

(b) otherwise amend or alter,

the proposed plan to which the determination under subsection (3) or (4) applies, the competent authority shall—

(i) carry out a screening for appropriate assessment of the proposed modification, amendment or alteration of the proposed plan concerned, and

(ii) make a determination under subsection (3) or (4) in relation to the proposed modification, amendment or alteration.

(6) Where, on the basis of a screening for appropriate assessment carried out in accordance with subsection (5), the competent authority determines that the likelihood of a proposed modification, amendment or alteration of a proposed plan (either individually or in combination with any project or other plan) having significant effects on a European site cannot be excluded, the competent authority shall—

(a) in the case of a proposed plan—

(i) that is proposed to be modified, amended or altered,

(ii) that has been the subject of a determination under subsection (3), and

(iii) in respect of which a Natura impact report relating to the proposed modification, amendment or alteration has been prepared in accordance with section 203 and public consultation has occurred in accordance with section 204,

comply with sections 203 and 204 in respect of the modification, amendment or alteration concerned for the purposes of ensuring that an appropriate assessment of the proposed plan as so modified, amended or altered is carried out in accordance with section 205, or

(b) in the case of a proposed plan—

(i) that is proposed to be modified, amended or altered, and

(ii) that has been the subject of a determination under subsection (4),

carry out an appropriate assessment of the proposed plan as so modified, amended or altered in accordance with sections 203, 204 and 205.

(7) (a) Where a competent authority makes a determination under subsection (3) or (4), it shall publish a notice of the determination and the reasons therefor on an internet website maintained by it or on its behalf.

(b) Where the competent authority is a regional assembly or a planning authority and it makes a determination under subsection (3) or (4), it shall, in addition to complying with paragraph (a), make a copy of the determination and the reasons therefor available for inspection (free of charge) at its offices during normal office hours by members of the public.

(8) Where a competent authority is required to publish a notice in accordance with paragraph (a) of subsection (7) it shall, to the extent required by Part 3, publish that notice with the notice of the proposal to make the plan concerned.

203. Natura impact report

203. (1) Where a competent authority has made a determination under subsection (3) of section 202 that the likelihood of a proposed plan (either individually or in combination with any project or other plan) having significant effects on a European site cannot be excluded, the competent authority shall prepare, or cause to be prepared, a Natura impact report in relation to the plan concerned.

(2) A Natura impact report prepared under subsection (1) shall—

(a) be prepared by a person with the necessary scientific competence to do so,

(b) specify all of the habitat types and species—

(i) for which the relevant European site is designated, and

(ii) in relation to which the likelihood of significant effects arising from the proposed plan cannot be excluded,

(i) identify all potential significant effects of the proposed plan on the European site, whether such effects arise from the plan itself or the plan in combination with any project or other plan, and

(ii) assess the effects identified in accordance with subparagraph (i) and the implications of the plan for the European site,

(d) identify any measures proposed to be taken for the purposes of avoiding or reducing any adverse effects (identified in accordance with paragraph (c)) of the plan on the European site,

(e) having regard to—

(i) the habitat types and species specified in accordance with paragraph (b),

(ii) the potential significant effects identified and assessments made in accordance with paragraph (c), and

(iii) any measures identified in accordance with paragraph (d),

conclude either—

(I) that the proposed plan will adversely affect the integrity of a European site, or

(II) that the proposed plan will not adversely affect the integrity of a European site,

and

(f) include such other information as may be prescribed.

204. Consultation on Natura impact report

204. (1) Where a competent authority has prepared a Natura impact report under section 203, it shall—

(a) publish the Natura impact report on an internet website maintained by it or on its behalf,

(b) publish a notice on that website—

(i) stating that a determination has been made under subsection (3) of section 202 that the likelihood of a proposed plan (either individually or in combination with any project or other plan) having significant effects on a European site cannot be excluded and that, as a consequence and having regard to the conservation objectives relating to the European site, an appropriate assessment of the proposed plan is required to be carried out,

(ii) inviting submissions by members of the public with respect to the implications of the proposed plan for any European site having regard to the conservation objectives relating to that site, and

(iii) specifying the period during which, and the manner in which, such submissions may be made,

and

(i) make the Natura impact report available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(ii) specify, in the notice published in accordance with paragraph (b), the times and places at which, and the period during which, a copy of that Natura impact report may be inspected.

(2) The competent authority shall—

(a) send a copy of the proposed plan and the Natura impact report to—

(i) such persons as are required to be consulted under Part 3 in relation to the proposed plan, and

(ii) such other person or persons (if any) as may be prescribed,

and

(b) invite each such person to make, during the period referred to in subparagraph (iii) of paragraph (b) of subsection (1), submissions with respect to the implications of the proposed plan for any European site having regard to the conservation objectives relating to that site.

(3) (a) Where a competent authority complies with subsections (1) and (2), it shall, to the extent that any requirement under either of those subsections is a requirement under Part 3, be deemed to have complied with the said requirement under Part 3.

(b) Where a competent authority is required by this Part to give notice to any person of, or in relation to, any matter, neither this Part nor Part 3 shall be construed as preventing the competent authority from using that notice to comply with a requirement under Part 3 to give notice to that person of, or in relation to, any other matter.

(c) Where a competent authority is required by this Part to publish any information or material, neither this Part nor Part 3 shall be construed as preventing the competent authority from publishing, with that information or material, any information or material that the competent authority is required to publish under Part 3.

205. Appropriate assessment of plans

205. (1) Prior to the making of a plan to which a determination under subsection (3) of section 202 applies, the competent authority shall carry out an appropriate assessment of the proposed plan.

(2) For the purpose of carrying out an appropriate assessment under this section, the competent authority may—

(a) consult with such persons (other than persons who made submissions pursuant to an invitation under subsection (2) of section 204) as the competent authority considers appropriate, or

(b) further consult with such persons who made submissions pursuant to an invitation under subsection (2) of section 204 as it considers appropriate.

(3) The competent authority shall take into account each of the following when carrying out an appropriate assessment under this section:

(a) the Natura impact report;

(b) the results of any consultation carried out by the competent authority in accordance with subsection (2);

(i) in a notice under subsection (1) of section 204, or

(ii) under subsection (2) of that section;

and

(d) any other information that the competent authority considers relevant.

(4) When carrying out an appropriate assessment under this section, the competent authority shall, based on the best scientific knowledge and having regard to the conservation objectives relating to the European site concerned—

(a) identify all likely significant effects of the proposed plan on the site,

(b) assess the extent of those effects and their implications for the site,

(c) where relevant, consider the likely effectiveness of any measures proposed to be taken to avoid or reduce potential adverse effects to the site, and

(d) having regard to the matters identified and assessments made in accordance with paragraphs (a) and (b) and any proposed measures referred to in paragraph (c), make a determination as to whether or not any reasonable scientific doubt exists as to the absence of adverse effects on the integrity of any European site.

(5) (a) Where, on the basis of an appropriate assessment carried out under this section, the competent authority concludes that no reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site, it shall make a determination to that effect.

(b) Where a competent authority makes a determination under paragraph (a), the plan concerned may be made in accordance with Part 3.

(6) (a) Where, on the basis of an appropriate assessment carried out under this section, the competent authority concludes that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site, it shall make a determination to that effect.

(b) Where a competent authority makes a determination under paragraph (a), then, subject to subsection (7) and sections 206 and 207, the plan concerned shall not be made under Part 3.

(7) (a) Where, on the basis of an appropriate assessment carried out under this section, the competent authority concludes that no reasonable scientific doubt would exist as to the absence of adverse effects on the integrity of a European site were the proposed plan to be modified by the omission of a specified part or element of the plan, the competent authority may make a determination to that effect.

(b) Where—

(i) a competent authority makes a determination under paragraph (a), and

(ii) the proposed plan is modified by the omission of the part or element specified by the competent authority under paragraph (a),

the proposed plan as so modified may be made in accordance with Part 3.

(8) (a) The competent authority shall publish a determination under this section and the reasons therefor on an internet website maintained by it or on its behalf.

(b) Where the competent authority is a regional assembly or a planning authority and it makes a determination under this section, it shall, in addition to complying with paragraph (a), make a copy of the determination and the reasons therefor available for inspection (free of charge) at its offices during normal office hours by members of the public.

(9) Where a competent authority is required to publish a determination in accordance with paragraph (a) of subsection (8) it shall, to the extent required by Part 3, publish such determination with the notice of the making of the plan concerned.

206. Imperative reasons of overriding public interest (no priority habitat or priority species)

206. (1) In this section “relevant plan” means a proposed plan in respect of which the competent authority has made a determination under paragraph (a) of subsection (6) of section 205 relating to a European site that does not host a priority habitat or priority species.

(2) Where, in relation to a relevant plan, a competent authority (other than the Minister) considers that—

(a) there is an absence of alternative solutions to the relevant plan,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and

(c) the compensatory measures proposed by it are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

the competent authority may prepare, and submit to the Minister, a statement to that effect.

(3) Where, in relation to a relevant plan, the competent authority is the Minister and he or she considers that—

(a) there is an absence of alternative solutions to the relevant plan,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and

(c) the compensatory measures proposed by it are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

he or she shall prepare a statement to that effect.

(4) A statement under subsection (2) or (3) shall—

(a) specify the determination made under subsection (6) of section 205,

(b) specify the considerations that caused the competent authority to make the determination under subsection (6) of section 205 that a reasonable scientific doubt exists as to the absence of adverse effects on the integrity of a European site,

(c) specify the reasons for which the competent authority considers that there are no alternative solutions to the making of the relevant plan,

(d) specify the imperative reasons of overriding public interest (which may include reasons of a social or economic nature) that the competent authority considers exist for the making of the relevant plan,

(e) specify the compensatory measures that the competent authority proposes,

(f) state that the competent authority is satisfied that those proposed compensatory measures are adequate to ensure that the overall coherence of the Natura 2000 network is protected, and

(g) include such other information (if any) as the competent authority considers to be of relevance.

(5) A statement submitted to the Minister under subsection (2) shall be accompanied by—

(a) a copy of the relevant plan, and

(b) the Natura impact report in respect of the relevant plan.

(6) (a) The Office may, where it makes a recommendation to the Minister that he or she issue a direction, prepare and submit to the Minister a statement under subsection (2) in relation to the proposed direction.

(b) The Minister may, where he or she receives a recommendation referred to in paragraph (a), prepare a statement under subsection (3).

(i) a direction in respect of a regional spatial and economic strategy as provided for in section 40,

(ii) a direction in respect of a development plan as provided for in section 65, or

(iii) a direction in respect of an urban area plan, priority area plan or coordinated area plan as provided for in section 80.

(7) Where the Minister receives a statement submitted under subsection (2) or prepares a statement under subsection (3), he or she shall—

(a) publish the statement on an internet website maintained by him or her or on his or her behalf,

(b) publish a notice on that internet website—

(i) inviting members of the public to make submissions to the Minister in relation to the statement, and

(ii) specifying the period during which, and the manner in which, such submissions may be made,

(i) publish a copy of the statement and the notice referred to in paragraph (b) on an internet website maintained by it or on its behalf, and

(ii) send a copy of the statement to—

(I) any person who made a submission to the competent authority pursuant to an invitation in a notice under subsection (1) of section 204 or an invitation under subsection (2) of that section, or in the course of a consultation under subsection (2) of section 205, and

(II) such other persons (if any) as may be prescribed,

and invite each such person to make a submission to the Minister in relation to the statement within the period, and in the manner, specified in accordance with subparagraph (ii) of paragraph (b),

and

(d) in the case of a statement prepared under subsection (3)—

(i) send a copy of the statement to—

(II) such other persons (if any) as may be prescribed,

(ii) consult the Office in relation to the statement.

(8) The Minister may, for the purpose of performing his or her functions under subsection (9), consult with such other Minister of the Government as the Minister considers appropriate having regard to the functions of that other Minister of the Government.

(9) The Minister shall, after having considered a statement submitted under subsection (2) or a statement prepared by him or her under subsection (3) and after having taken account of any submissions in relation to such statement received pursuant to an invitation under subsection (7), come to a conclusion in relation to the relevant plan as to whether or not—

(a) there is an absence of alternative solutions to the relevant plan,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and

(c) the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected.

(10) Where a statement was submitted to the Minister under subsection (2), the Minister shall give notice of his or her conclusion under subsection (9) to the competent authority that submitted the statement.

(11) A relevant plan shall not be made under Part 3 unless the Minister has come to a conclusion under subsection (9) that—

(a) there is an absence of alternative solutions to the relevant plan,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and

(c) the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected.

(12) Where a relevant plan is necessary in order to enable—

(a) the construction or operation of plants producing energy from renewable sources,

(b) the storage of energy produced by such plants, or

imperative reasons of overriding public interest shall, in accordance with Article 16f of Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018^16 on the promotion of the use of energy from renewable sources laying down a framework to accelerate the deployment of renewable energy, be deemed to exist in relation to the relevant plan.

(13) If a plan is made consequent upon the Minister’s coming to a conclusion under subsection (9) that—

(a) there is an absence of alternative solutions to the relevant plan,

(b) imperative reasons (which may include reasons of a social or economic nature) of overriding public interest exist for the making of the relevant plan, and

(c) the compensatory measures proposed are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

the person making the plan shall implement, or cause the implementation of, those compensatory measures.

(14) The Minister shall, as soon as may be after the making of a plan consequent upon his or her coming to a conclusion referred to in subsection (13), inform the European Commission of the compensatory measures required to be implemented in relation to that plan in accordance with that subsection.

(15) When giving notice, in accordance with Part 3, of a decision to make or a decision not to make a relevant plan, a competent authority shall—

(a) publish a copy of the Minister’s conclusion under subsection (9) on an internet website maintained by or on behalf of the competent authority, and

(b) notify, in writing, any person who made a submission pursuant to an invitation under subsection (7) of the contents of the Minister’s conclusion.

207. Imperative reasons of overriding public interest (priority habitat or priority species)

207. (1) In this section—

“imperative reasons of overriding public interest” means—

(a) reasons relating to human health or public safety,

(b) reasons that the relevant plan will have beneficial consequences of primary importance to the environment, or

(c) reasons that, in the opinion (given upon a request under subsection (10)) of the European Commission, constitute other imperative reasons of overriding public interest within the meaning of paragraph 4 of Article 6 of the Habitats Directive;

“relevant plan” means a proposed plan in respect of which the competent authority has made a determination under paragraph (a) of subsection (6) of section 205 relating to a European site that hosts a priority habitat or priority species.

(2) Where, in relation to a relevant plan, a competent authority (other than the Minister) considers that—

(a) there is an absence of alternative solutions to the relevant plan,

(b) imperative reasons of overriding public interest exist or may, subject to the opinion of the European Commission, exist for the making of the relevant plan, and

(c) the compensatory measures proposed by it are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

the competent authority may prepare, and submit to the Minister, a statement to that effect.

(3) Where, in relation to a relevant plan, the competent authority is the Minister and he or she considers that—

(a) there is an absence of alternative solutions to the relevant plan,

(b) imperative reasons of overriding public interest exist or may, subject to the opinion of the European Commission, exist for the making of the relevant plan, and

(c) the compensatory measures proposed by him or her are adequate to ensure that the overall coherence of the Natura 2000 network is protected,

he or she shall prepare a statement to that effect.

(4) A statement under subsection (2) or (3) shall—

(a) specify the determination made under subsection (6) of section 205,

(c) specify the reasons for which the competent authority is satisfied that there are no alternative solutions to the making of the relevant plan,

(d) specify the imperative reasons of overriding public interest that the competent authority considers exist, or, subject to the opinion of the European Commission, may exist for the making of the relevant plan,

(e) specify the compensatory measures that the competent authority proposes,

(f) state that the competent authority is satisfied that those proposed compensatory measures are adequate to ensure that the overall coherence of the Natura 2000 network is protected, and

(g) include such other information (if any) as the competent authority considers to be of relevance.

(5) A statement submitted to the Minister under subsection (2) shall be accompanied by—

(a) a copy of the relevant plan, and

(b) the Natura impact report in respect of the relevant plan.

(b) The Minister may, where he or she receives a recommendation referred to in paragraph (a), prepare a statement under subsection (3).

(i) a direction in respect of a regional spatial and economic strategy as provided for in section 40,

(ii) a direction in respect of a development plan as provided for in section 65, or

(iii) a direction in respect of an urban area plan, priority area plan or coordinated area plan as provided for in section 80.

(7) Where the Minister receives a statement submitted under subsection (2) or prepares a statement under subsection (3), he or she shall—

(a) publish the statement on an internet website maintained by him or her or on his or her behalf,

(b) publish a notice on that internet website—

(i) inviting members of the public to make submissions to the Minister in relation to the statement, and

(ii) specifying the period during which, and the manner in which, such submissions may be made,

(i) publish a copy of the statement and the notice referred to in paragraph (b) on an internet website maintained by it or on its behalf, and

(ii) send a copy of the statement to—

(II) such other persons (if any) as may be prescribed,

(d) in the case of a statement prepared under subsection (3)—

(i) send a copy of the statement to—

(II) such other persons (if any) as may be prescribed,

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