Legalize / Ireland / Act

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

Reform history JSON API

225. Obligation to carry out screening for environmental impact assessment and environmental impact assessment

225. (1) (a) The Minister may prescribe a class of relevant development for the purposes of this subsection.

(b) A competent authority shall carry out an environmental impact assessment of relevant development of a class prescribed under paragraph (a) before it makes a decision under Chapter 3, 4 or 5 of Part 4 in relation to an application for permission for that relevant development.

(2) (a) The Minister may—

(i) prescribe a class of relevant development for the purposes of this subsection, and

(ii) prescribe a threshold in respect of relevant development of that class.

(b) Where, in relation to relevant development of a class prescribed under paragraph (a), the threshold prescribed under subparagraph (ii) of that paragraph in relation to relevant development of that class is reached or exceeded, then, before the competent authority makes a decision under Chapter 3, 4 or 5 of Part 4 in relation to an application for permission for that relevant development, the competent authority shall carry out an environmental impact assessment of that relevant development.

(c) Where, in relation to a relevant development of a class prescribed under paragraph (a), the threshold prescribed under subparagraph (ii) of that paragraph in relation to that class is not reached, then, before the competent authority makes a decision under Chapter 3, 4 or 5 of Part 4 in relation to an application for permission for that relevant development, the competent authority shall—

(i) carry out a screening for environmental impact assessment of that relevant development, and

(ii) if, having carried out such screening, it determines that the relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, carry out an environmental impact assessment of the relevant development.

(d) Paragraph (c) shall apply, in relation to—

(i) the performance by a local authority or State authority of its functions as competent authority under subparagraph (i) of that paragraph, and

(ii) the performance by the Commission, on an appeal under section 230, of its functions under the said subparagraph (i),

as if the words “then, before the competent authority makes a decision under Chapter 3, 4 or 5 of Part 4 in relation to an application for permission for that relevant development,” were deleted.

(e) References in paragraph (c) to competent authority shall, for the purposes of the carrying out of a screening for environmental impact assessment of a relevant development by the Commission on an appeal under section 230, be construed as including references to the Commission.

(f) The Minister may prescribe the manner in which, and criteria by reference to which, a screening determination shall be made in accordance with paragraph (c).

(3) (a) The Minister may—

(i) prescribe a class of relevant development for the purposes of this subsection, and

(ii) prescribe a threshold in respect of relevant development of that class.

(b) Where relevant development of a class prescribed under paragraph (a) does not reach the threshold prescribed in respect of that class under subparagraph (ii) of that paragraph, then, before the competent authority makes a decision under Chapter 3, 4 or 5 of Part 4 in relation to an application for permission for that relevant development, the competent authority shall—

(i) carry out an examination of the nature and location of that relevant development,

(ii) if, having carried out such examination, it is not satisfied that the possibility of significant effects on the environment resulting from the relevant development can be excluded, carry out a screening for environmental impact assessment of that relevant development, and

(iii) if, having carried out such screening, it determines that the relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, carry out an environmental impact assessment of the relevant development.

(c) The Minister may prescribe the manner in which, and criteria by reference to which, a screening determination shall be made in accordance with paragraph (b).

(4) (a) Where, following the conduct of an examination under subparagraph (i) of paragraph (b) of subsection (3) in relation to a relevant development consisting of local authority development or State authority development, the competent authority is satisfied that the possibility of significant effects on the environment resulting from the relevant development can be excluded, it shall declare in writing that it is so satisfied.

(b) Any person may appeal a declaration under paragraph (a) to the Commission.

(i) the performance by a local authority or State authority of its functions as competent authority under subparagraph (i) or (ii) of that paragraph, and

(ii) the carrying out of—

(I) an examination in accordance with subparagraph (i) of that paragraph by the Commission on appeal under this subsection, or

(II) a screening for environmental impact assessment in accordance with subparagraph (ii) of that paragraph by the Commission, on an appeal under section 230,

(d) References, in paragraph (b) of subsection (3), to the competent authority shall, for the purposes of—

(i) the carrying out of an examination in accordance with subparagraph (i) of that paragraph by the Commission on an appeal under this subsection, or

(ii) the carrying out of a screening for environmental impact assessment of a relevant development under subparagraph (ii) of that paragraph by the Commission on an appeal under section 230,

be construed as including references to the Commission.

(e) The Minister may make regulations for the purposes of the conduct of examinations under subparagraph (i) of paragraph (b) of subsection (3) and the bringing and conduct of appeals under paragraph (b) of this subsection, including—

(i) the manner in which an examination shall be conducted,

(ii) the matters that shall be taken into consideration when conducting an examination,

(iii) the publication and giving of notice of the outcome of an examination, and

(iv) the manner in which an appeal under paragraph (b) may be brought.

(5) (a) The officers or members of staff of a local authority or State authority performing, or who have performed, any functions (other than functions under this Chapter)—

(i) in relation to the formulation of the proposal to carry out the relevant development concerned, or

(ii) otherwise in relation to the relevant development (including the facilitating of the development),

shall not carry out an examination of the development under subparagraph (i) of paragraph (b) of subsection (3).

(b) The officers or members of staff of a local authority or State authority carrying out an examination of a relevant development under subparagraph (i) of paragraph (b) of subsection (3) shall not, in relation to the carrying out of such examination, be subject to the direction, control or supervision (direct or indirect) of any officer or member of staff of the local authority or State authority, as the case may be, who performs or has performed any function (other than a function under this Chapter)—

(i) in relation to the formulation of the proposal to carry out the relevant development concerned, or

(ii) otherwise in relation to the relevant development (including the facilitating of the development).

“local authority” means a local authority that—

(i) has carried out or proposes to carry out a relevant development, and

(ii) is the competent authority for the purposes of the carrying out of an examination of that relevant development under subparagraph (i) of paragraph (b) of subsection (3);

“State authority” means a State authority that—

(i) has carried out or proposes to carry out a relevant development, and

(ii) is the competent authority for the purposes of the carrying out of an examination of that relevant development under subparagraph (i) of paragraph (b) of subsection (3).

(6) An environmental impact assessment of a relevant development shall not be required except in accordance with this section.

226. Prohibition on grant of permission except in certain circumstances

226. (1) (a) The competent authority shall not grant permission for relevant development prescribed for the purposes of subsection (1) of section 225 unless, in relation to the relevant development—

(i) paragraph (b) of that subsection has been complied with,

(ii) the Commission has granted an exemption under section 227, or

(iii) the Minister has made an order under section 228.

(b) The competent authority shall not grant permission for relevant development of a class prescribed for the purposes of subsection (2) of section 225 in relation to which the threshold prescribed under that subsection in respect of that class is reached or exceeded unless, in relation to the relevant development—

(i) paragraph (b) of that subsection has been complied with,

(ii) the Commission has granted an exemption under section 227, or

(iii) the Minister has made an order under section 228.

(c) The competent authority shall not grant permission for relevant development of a class prescribed for the purposes of subsection (2) of section 225 in relation to which the threshold prescribed under that subsection in respect of that class is not reached unless, in relation to the relevant development—

(i) paragraph (c) of that subsection has been complied with,

(ii) the Commission has granted an exemption under section 227, or

(iii) the Minister has made an order under section 228.

(d) The competent authority shall not grant permission for relevant development prescribed for the purposes of subsection (3) of section 225 in relation to which the threshold prescribed under that subsection in respect of that class is not reached unless, in relation to the relevant development—

(i) paragraph (b) of that subsection has been complied with,

(ii) the Commission has granted an exemption under section 227, or

(iii) the Minister has made an order under section 228.

(2) Notwithstanding subsection (1), where an application for permission for a relevant development is accompanied by an environmental impact assessment report—

(a) the competent authority shall not be required to carry out a screening for environmental impact assessment in respect of the relevant development concerned, and

(b) the competent authority shall not grant permission unless it has carried out an environmental impact assessment in respect of the relevant development concerned.

227. Exemption from requirement for assessment by Commission

227. (1) A person may, before making an application for permission for relevant development, (other than development for which retrospective consent is required) under Chapter 4 of Part 4, request the Commission to grant an exemption in relation to the relevant development from the requirements of the Environmental Impact Assessment Directive and sections 229 and 236 and the Commission may, subject to this section, grant such exemption.

(2) Before deciding on a request made to it under subsection (1), the Commission shall—

(a) invite a planning authority in whose functional area the relevant development is proposed to be carried out to make observations to the Commission in relation to the request within such period as the Commission may specify,

(b) consider whether any Member State of the European Union or a Transboundary Convention state should be informed about the relevant development and, if the Commission considers that it should, invite that state to make observations to the Commission in relation to the request within such period as the Commission may specify, and

(3) The Commission shall not grant an exemption under this section unless it is satisfied that—

(a) exceptional circumstances warrant the granting of such exemption,

(b) the application of the requirements of the Environmental Impact Assessment Directive and sections 229 and 236 would adversely affect the purpose of the relevant development concerned, and

(4) Notwithstanding subsection (3), an exemption shall not be granted under this section in respect of a relevant development if any Member State of the European Union or a Transboundary Convention state, after having been informed about the relevant development concerned in accordance with paragraph (b) of subsection (2), informs the Commission that—

(a) it does not consider that the request for an exemption should be granted, or

(b) it wishes to be given an opportunity to make observations on the likely significant effects of the relevant development concerned on the environment.

(5) Where the Commission grants an exemption under this section, it shall—

(a) specify requirements in relation to the assessment of the effects (if any) of the relevant development concerned on the environment by means referred to in paragraph (c) of subsection (3),

(b) publish a notice of the grant, any requirements specified under paragraph (a), and the reasons for the grant—

(i) on an internet website maintained by it or on its behalf, and

(ii) in a national newspaper,

and

(i) a planning authority in whose functional area the relevant development concerned is intended to be carried out,

(ii) any Member State of the European Union or a Transboundary Convention state that the Commission invited to make observations in accordance with paragraph (b) of subsection (2), and

(iii) the European Commission.

(6) Where the Commission specifies requirements in accordance with paragraph (a) of subsection (5), a planning authority and the Commission shall comply with those requirements in determining any subsequent application for permission for the relevant development concerned.

(7) An application for permission for a relevant development shall not be made while a request under subsection (1) is pending before the Commission and any application made in contravention of this requirement shall not be a valid application for the purposes of Part 4.

(8) The Commission shall, before granting an exemption under this section, inform the European Commission in writing of the reasons justifying the exemption.

228. Exemption from requirement for assessment by Minister

228. (1) The Minister may, subject to subsection (2), by order declare that the requirements of the Environmental Impact Assessment Directive and sections 229, 230 and 236 shall not apply in relation to a relevant development or a specified part of relevant development (other than development or part of a development for which retrospective consent is required) proposed to be carried out, by or on behalf of a State authority or statutory undertaker.

(2) The Minister may, after having consulted such other Ministers of the Government as he or she considers appropriate, make an order under subsection (1) if he or she—

(a) is satisfied that the carrying out of the relevant development or part of a relevant development concerned is for the sole purpose of the defence of the State or responding to a civil emergency, and

(b) considers that the application of the Environmental Impact Assessment Directive and sections 229, 230 and 236 to the relevant development or part of a relevant development concerned would adversely affect that purpose.

(3) Where the Minister makes an order under subsection (1), he or she shall publish a notice of the order and the reasons for the making of the order—

(a) on an internet website maintained by the Minister or on his or her behalf, and

(b) in a national newspaper.

229. Screening for environmental impact assessment of relevant development

229. (1) The competent authority shall carry out a screening for environmental impact assessment of a relevant development where—

(a) in relation to relevant development in respect of which the applicant has applied or intends to apply for permission, an application for a screening determination is made to it under section 231,

(b) an application for permission for a relevant development to which paragraph (c) of subsection (2) of section 225 applies is made to it, or

(c) an application for permission for a relevant development of a class prescribed under paragraph (a) of subsection (3) of section 225 applies is made to it and the competent authority has carried out an examination in accordance with paragraph (b) of the said subsection (3) and determined that the possibility of significant effects on the environment arising from the relevant development concerned cannot be excluded,

for the purpose of determining whether or not—

(i) in the case of proposed development in respect of which an application for permission under Chapter 3 or 4 of Part 4 is made or intended to be made, the proposed development is likely to have significant effects on the environment, or

(ii) in the case of development in respect of which an application for retention permission under Chapter 3 of Part 4 is made or intended to be made, the development has had, is having or is likely to have significant effects on the environment.

(2) The competent authority shall, where required to do so in accordance with section 225, carry out a screening for environmental impact assessment of relevant development consisting of—

(a) an alteration of the terms, or extension of duration, of a permission for development (other than local authority development or State authority development) requested under subsection (1) of section 140, or

(b) an alteration of the terms, or extension of duration, of a permission for local authority development or State authority development requested under subsection (1) of section 140,

for the purpose of determining whether or not the alteration or extension (either individually or in combination with any plan or other project) is likely to have significant effects on the environment.

(3) For the purpose of the carrying out of a screening for environmental impact assessment by the competent authority under this section, an applicant for a screening determination or an applicant for permission for relevant development, as the case may be, shall provide the competent authority with the following information:

(a) the name of the applicant and the address in the State where he or she normally resides (or where the applicant is a body corporate or unincorporated body of persons, the address of its principal office in the State),

(b) a map identifying the location of the relevant development concerned;

(i) a description of the physical characteristics of the relevant development and, where applicable, of demolition works, and

(ii) a description of the location of the relevant development, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

(d) a description of the aspects of the environment significantly affected or likely to be significantly affected by the relevant development (whether of itself or cumulatively with any other project);

(e) a description (to the extent that the information is available) of any, or any likely, significant effects on the environment resulting from—

(i) any expected residues, emissions or waste, or

(ii) the use of natural resources, in particular soil, land, water and biodiversity,

attributable to the carrying out of the relevant development;

(f) a description of any features of the relevant development, or measures proposed in connection with the relevant development, that it is envisaged will avoid or prevent what might otherwise have been significant adverse effects on the environment; and

(g) the result of any other assessment of the effects of the relevant development on the environment carried out under—

(i) an act (other than the Environmental Impact Assessment Directive) of the European Union, or

(ii) an Act of the Oireachtas, or instrument under an Act of the Oireachtas, giving effect to an act (other than the Environmental Impact Assessment Directive) of the European Union.

(4) For the purpose of the carrying out of a screening for environmental impact assessment under this section, the competent authority may—

(a) where the applicant for a screening determination or the applicant for permission, as the case may be, has failed to provide any of the information specified in subsection (3), request such information,

(b) request such additional information from the applicant for a screening determination or the applicant for permission, as the case may be, as it considers necessary to enable it to carry out that assessment, or

(5) Where the applicant for a screening determination or the applicant for permission, as the case may be, does not provide the competent authority with any information requested under paragraph (a) or (b) of subsection (4)—

(a) within such period as may be specified in the request, or

(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

the application for permission shall be deemed to have been withdrawn.

(6) The competent authority shall, for the purpose of determining whether or not a relevant development has had, is having or is likely to have significant effects on the environment, assess the nature and location or proposed location of the relevant development concerned and the nature of its potential impact on the environment, having regard to the criteria prescribed under paragraph (f) of subsection (2) of section 225.

(7) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that the relevant development concerned (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, the competent authority shall, subject to subsection (6) of section 225 and before determining any application for permission for that development, carry out an environmental impact assessment of the relevant development in accordance with section 236.

(8) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that the relevant development concerned (either of itself or cumulatively with any other project) has not had, is not having and is not likely to have significant effects on the environment, an environmental impact assessment of the relevant development shall not be required.

(9) Notwithstanding a determination under subsection (8), a competent authority may, at any time following the making of an application for permission, determine that the carrying out of an environmental impact assessment of the relevant development concerned in accordance with section 236 is required before the competent authority determines the application, but only where, subsequent to the making of the determination under subsection (8), it has formed the view that the relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment.

(10) (a) Where a competent authority makes a determination under subsection (7) or (9), it may give a notice to the applicant for permission requiring him or her to provide the competent authority with an environmental impact assessment report in relation to the relevant development concerned within—

(i) such period as is specified in the notice, or

(ii) such further period as the competent authority may subsequently agree to, at the request of the applicant for permission.

(b) Where an applicant for permission to whom a notice is given under paragraph (a) fails to comply with a requirement of the notice, the application for permission concerned shall be deemed to be withdrawn.

(11) Where, on the basis of a screening for environmental impact assessment carried out under this section upon an application for a screening determination made to it under section 231, the competent authority makes a determination that the relevant development concerned (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, an environmental impact assessment report shall be submitted with any subsequent application for permission for the relevant development to which the screening determination relates.

(12) Where, on the basis of a screening for environmental impact assessment carried out under this section upon an application for a screening determination made to it under section 231, the competent authority makes a determination that the relevant development concerned (either of itself or cumulatively with any other project) has not had, is not having and is not likely to have significant effects on the environment, it shall not be necessary to submit an environmental impact assessment report with any subsequent application for permission for the relevant development to which the screening determination relates.

(13) Notwithstanding a determination under subsection (12), a competent authority may, at any time following the making of an application for permission for the relevant development to which that determination relates, determine that the carrying out of an environmental impact assessment of the relevant development concerned in accordance with section 236 is required before the competent authority determines the application, but only where, subsequent to the making of the planning application, it has formed the view that the relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment.

(14) (a) Where subsection (13) applies—

(i) the competent authority may give a notice to the applicant for permission requiring him or her to provide the competent authority with an environmental impact assessment report in relation to the relevant development concerned within—

(I) such period as is specified in the notice, or

(II) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

and

(ii) the competent authority shall, before determining the application for permission, carry out an environmental impact assessment of the relevant development concerned in accordance with section 236.

(b) Where an applicant for permission to whom a notice is given under subparagraph (i) of paragraph (a) fails to comply with a requirement specified in the notice, the application for permission concerned shall be deemed to be withdrawn.

(15) A competent authority shall, as soon as may be after making a decision under Part 4 in relation to an application for permission—

(a) give notice of any determination under this section (including the reasons for the determination) to—

(i) the applicant,

(ii) any person who made a submission in accordance with the applicable provisions of Part 4 or in the course of a consultation under paragraph (c) of subsection (4), and

(iii) where applicable, any party to an appeal from a decision in relation to the application for permission,

(b) make available for inspection (free of charge) by members of the public at its offices during normal office hours any determination (including the reasons for the determination) made under this section, and

(c) publish notice of any determination (including the reasons for the determination) under this section on a website maintained by or on behalf of the competent authority.

230. Screening for environmental impact assessment of local authority development and State authority development

230. (1) (a) The competent authority shall carry out a screening for environmental impact assessment of relevant development consisting of local authority development where required to do so in accordance with section 225, for the purpose of determining whether or not—

(i) in the case of proposed development, the proposed development (either of itself or cumulatively with any other project) is likely to have significant effects on the environment, or

(ii) in the case of development already carried out, the development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment.

(b) The competent authority shall carry out a screening for environmental impact assessment of relevant development consisting of State authority development where required to do so in accordance with section 225, for the purpose of determining whether or not—

(i) in the case of proposed development, the proposed development (either of itself or cumulatively with any other project) is likely to have significant effects on the environment, or

(2) For the purpose of the carrying out of a screening for environmental impact assessment under this section, the local authority or State authority concerned shall prepare the following information:

(a) a map identifying the location of the relevant development concerned;

(b) a description of the relevant development, including in particular—

(i) a description of the physical characteristics of the relevant development and, where applicable, of demolition works, and

(ii) a description of the location of the relevant development, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

(c) a description of the aspects of the environment that have been, are being or are likely to be significantly affected by the relevant development (whether of itself or cumulatively with any other project);

(d) a description (to the extent that the information is available) of any, or any likely, significant effects on the environment resulting from—

(i) any expected residues, emissions or waste, or

(ii) the use of natural resources, in particular soil, land, water and biodiversity,

attributable to the carrying out of the relevant development;

(e) a description of any features of the relevant development, or measures proposed in connection with the relevant development, that it is envisaged will avoid or prevent what might otherwise have been significant adverse effects on the environment; and

(f) the result of any other assessment of the effects of the relevant development on the environment carried out under—

(i) an act (other than the Environmental Impact Assessment Directive) of the European Union, or

(ii) an enactment giving effect to an act (other than the Environmental Impact Assessment Directive) of the European Union.

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

(4) The competent authority shall, for the purpose of determining whether or not a relevant development consisting of local authority development or State authority development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, assess the nature and location or proposed location of the relevant development concerned and the nature of its potential impact on the environment, having regard to the information prepared in accordance with subsection (1) and to the criteria prescribed under paragraph (f) of subsection (2) of section 225.

(5) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that a relevant development consisting of local authority development or State authority development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment, then, subject to subsection (4) of section 225—

(a) an environmental impact assessment of the relevant development in accordance with section 236 shall be required, and

(b) an application for permission for the relevant development shall be made under Chapter 4 of Part 4 by the local authority or State authority concerned.

(6) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that a relevant development consisting of local authority development or State authority development (either of itself or cumulatively with any other project) has not had, is not having and is not likely to have significant effects on the environment, an environmental impact assessment of the relevant development shall, subject to any determination of the Commission referred to in subsection (11), not be required.

(7) A competent authority shall, as soon as may be after making a determination under this section—

(a) give notice of the determination (including the reasons for the determination) to any person who made a submission or provided information to the competent authority during the course of a consultation under subsection (3),

(b) make the determination (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(c) publish a notice of the determination (including the reasons for the determination) on an internet website maintained by or on behalf of the competent authority.

(8) The competent authority shall, not later than 3 days after the making of a determination under this section, comply with subsection (7).

(9) Where the competent authority makes a determination under this section that an environmental impact assessment is not required, any person may, not later than 4 weeks from the date of the publication of a notice in accordance with paragraph (c) of subsection (7), appeal that determination to the Commission.

(10) Where the Commission receives a notice of appeal from a determination of the competent authority under this section, it shall—

(a) carry out a screening for environmental impact assessment of the relevant development concerned, and

(b) make a determination as to whether or not that relevant development has had, is having or is likely to have significant effects on the environment,

and subsection (4) shall apply for the purposes of this subsection as if references therein to competent authority included references to the Commission.

(11) Where, on the basis of a screening for environmental impact assessment carried out under this section, the Commission makes a determination that a relevant development (either of itself or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment—

(a) an environmental impact assessment of the relevant development in accordance with section 236 shall be required, and

(b) an application for permission for the relevant development shall be made under Chapter 4 of Part 4 by the local authority or State authority concerned.

(12) Where, on the basis of a screening for environmental impact assessment carried out under this section, the Commission makes a determination that a relevant development (either of itself or cumulatively with any other project) has not had, is not having and is not likely to have significant effects on the environment, an environmental impact assessment of the relevant development shall not be required.

(13) The Commission shall—

(a) give notice of a determination (including the reasons for the determination) under subsection (10) to the local authority or State authority concerned,

(b) give notice of the determination (including the reasons for the determination) to any person who made submissions or provided information to the competent authority during the course of a consultation under subsection (3),

(c) make the determination (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(d) publish a notice of the determination (including the reasons for the determination) on an internet website maintained by or on behalf of the competent authority.

(14) (a) The officers or members of staff of a local authority or State authority performing, or who have performed, any functions (other than functions under this Chapter)—

(i) in relation to the formulation of the proposal to carry out the relevant development concerned, or

(ii) otherwise in relation to the relevant development (including the facilitating of the development),

shall not carry out a screening for environmental impact assessment of the development under this section.

(b) The officers or members of staff of a local authority or State authority carrying out a screening for environmental impact assessment of a relevant development under this section shall not, in relation to the carrying out of such screening, be subject to the direction, control or supervision (direct or indirect) of any officer or member of staff of the local authority or State authority, as the case may be, who performs or has performed any function (other than a function under this Chapter)—

(i) in relation to the formulation of the proposal to carry out the relevant development concerned, or

(ii) otherwise in relation to the relevant development (including the facilitating of the development).

“local authority” means a local authority that—

(i) has carried out or proposes to carry out a relevant development, and

(ii) is the competent authority for the purposes of the carrying out of a screening for environmental impact assessment of that relevant development under this section;

“State authority” means a State authority that—

(i) has carried out or proposes to carry out a relevant development, and

(ii) is the competent authority for the purposes of the carrying out of a screening for environmental impact assessment of that relevant development under this section.

(15) The Minister may make regulations for the purpose of this section, including regulations—

(a) specifying the criteria for making a determination under this section in relation to local authority housing development within the meaning of section 161, and

(b) relating to the making of requests by the competent authority or the Commission for information from a local authority or State authority for the purpose of the performance by the competent authority or the Commission of its functions under this section.

231. Application for screening determination prior to application for permission for relevant development

231. (1) A person intending to apply for permission for a relevant development may, before making an application for permission, apply to the competent authority to which such an application for permission is required to be made under Part 4 for a screening determination as to whether an environmental impact assessment is required to be carried out in respect of the relevant development concerned.

(2) Subject to subsections (3), (4), (5) and (6), where a competent authority receives an application for a screening determination under subsection (1), it shall carry out a screening for environmental impact assessment and make a screening determination in accordance with section 229.

(3) An application for a screening determination under subsection (1) shall include—

(b) where the applicant for the screening determination is not the owner of the land on which the relevant development is proposed to be carried out, the name of that owner and the address in the State where he or she normally resides (or where that owner is a body corporate or unincorporated body of persons, the address of its principal office in the State), and

(c) where neither the applicant for the screening determination nor the owner of the land on which the relevant development is proposed to be carried out is the occupier of that land, the name of the occupier of that land and the address in the State where he or she normally resides (or where that occupier is a body corporate or unincorporated body of persons, the address of its principal office in the State).

(4) Where the applicant for a screening determination under subsection (1) is not the owner of the land on which the relevant development is proposed to be carried out, the competent authority shall, by notice in writing, invite—

(a) the owner (if any), and

(b) where neither the owner nor the applicant for the screening determination is the occupier of the land, the occupier (if any) of that land,

to make a submission to the competent authority in relation to the application for a screening determination within such period as may be specified in the notice.

(5) Where a competent authority considers that an application made to it under subsection (1) is incomplete in any material detail, it may, at its discretion—

(a) reject the application, giving notice of its decision and the reasons therefor to the applicant and any person consulted or required to be consulted under subsection (4), or

(b) request further information from the applicant for a screening determination in accordance with subsection (4) of section 229.

(6) (a) A competent authority shall, subject to paragraph (b), make a screening determination on an application made to it under subsection (1) not later than 90 days after receipt from the applicant for the screening determination of the information required to be submitted in accordance with subsection (3) of section 229.

(b) Where a competent authority considers that exceptional circumstances (which may include those relating to the nature, complexity, location or size of the proposed relevant development) exist that prevent it from making a screening determination within the period of 90 days referred to in paragraph (a), it may extend the period and, where it does so, it shall, by notice in writing, inform—

(i) the applicant for the screening determination, and

(ii) any person who made a submission in accordance with subsection (4) or who was consulted in accordance with paragraph (c) of subsection (4) of section 229,

of the reasons therefor and of the date when it expects to make its determination.

(7) A competent authority shall, as soon as may be after making a screening determination on an application made to it under subsection (1)—

(a) give notice of the determination (including the reasons for the determination) to—

(i) the applicant for the screening determination, and

(ii) any person who made a submission in accordance with subsection (4) or who was consulted in accordance with paragraph (c) of subsection (4) of section 229,

(b) make the determination (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(c) publish notice of the determination (including the reasons for the determination) on a website maintained by or on behalf of the competent authority.

232. Screening for environmental impact assessment for purposes of determining if development is exempted development

232. (1) The competent authority shall carry out a screening for environmental impact assessment of a relevant development in respect of which—

(a) a request under section 10 is made for a declaration on the question of whether or not that relevant development is exempted development, or

(b) an appeal against any such declaration is brought,

for the purpose of determining whether or not—

(i) in the case of proposed development in respect of which such request or appeal is made or brought, the proposed development (either individually or cumulatively with any other project) is likely to have significant effects on environment, or

(ii) in the case of development in respect of which such request or appeal is made or brought, the development (either individually or cumulatively with any other project) has had, is having or is likely to have significant effects on the environment.

(2) For the purpose of performing its functions under this section, the competent authority may—

(a) require—

(i) the person who made the request under section 10,

(ii) any person who brought an appeal under section 10, or

(iii) any other person as the competent authority considers appropriate,

to provide the competent authority with the information referred to in subsection (3) of section 229, and such other information as it considers necessary to enable it to carry out the screening of the development for environmental impact assessment, or

(b) consult with such persons as the competent authority considers appropriate.

(3) Where a person referred to in subparagraph (i) of paragraph (a) of subsection (2) fails to comply with a requirement under that subsection—

(a) within such period as may be specified in the requirement, or

(b) within such further period as the competent authority may subsequently agree to at the request of that person,

the request under section 10 shall be deemed to have been withdrawn.

(4) Where a person referred to in subparagraph (ii) of paragraph (a) of subsection (2) fails to comply with a requirement under that subsection—

(a) within such period as may be specified in the requirement, or

(b) within such further period as the competent authority may subsequently agree to, at the request of that person,

the appeal under section 10 shall be deemed to have been withdrawn.

(5) Where, on the basis of a screening for environmental impact assessment carried out under this section, the competent authority makes a determination that the relevant development (either individually or cumulatively with any other project) has had or is likely to have significant effects on the environment—

(a) an environmental impact assessment of the relevant development shall be required, and

(b) the development shall not be exempted development.

(6) The competent authority shall, as soon as may be after making a determination under this section—

(a) give notice of the determination (including the reasons for the determination) to—

(i) the person who made the request under section 10, and

(ii) the parties to any appeal under section 10 from a declaration under that section in relation to the request,

(b) make the determination (including the reasons for the determination) available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(c) publish the determination (including the reasons for the determination) on an internet website maintained by it or on its behalf.

233. Request for scoping opinion

233. (1) A person intending to apply for permission for a relevant development in respect of which an environmental impact assessment is required in accordance with section 225 may, before making an application for permission, request the competent authority to which such an application for permission requires to be made under Part 4 to give him or her a written opinion (in this section referred to as a “scoping opinion”) on the scope and the level of detail of the information that should be included in an environmental impact assessment report to be submitted with the application for permission.

(2) A request under subsection (1) shall contain information on the specific characteristics of the relevant development concerned, including its location and technical capacity and its likely impact on the environment.

(3) An applicant for permission for a relevant development on whom a notice has been served by a competent authority under subsection (10) or (14) of section 229 requiring the applicant to submit an environmental impact assessment report may, before submitting the environmental impact assessment report, request the competent authority concerned to give a written opinion (in this section also referred to as a “scoping opinion”) on the scope and the level of detail of the information that should be included in the environmental impact assessment report.

(4) In considering a request for a scoping opinion, the competent authority—

(a) shall take into account—

(i) in the case of a request made under subsection (1), the information provided, in accordance with subsection (2), by the person who made the request, or

(ii) in the case of a request made under subsection (3), the information provided to the competent authority for the purposes of carrying out a screening for environmental impact assessment under section 229 and the conclusions of the screening for environmental impact assessment,

(b) shall consult with such persons as may be prescribed by the Minister, and

(c) may take into consideration any other information or documentation available to the competent authority that the competent authority considers relevant.

(5) (a) The competent authority shall give a scoping opinion to a person who made a request under subsection (1) as soon as is practicable and, at the latest, before the making of an application for permission for the relevant development concerned.

(b) The competent authority shall give a scoping opinion to a person who made a request under subsection (3) as soon as is practicable and, at the latest, before the submission of the environmental impact assessment report to the competent authority.

(6) The failure of the competent authority to comply with paragraph (a) of subsection (5) shall not affect the entitlement of the person who made the request under subsection (1) to make an application for permission for the relevant development concerned.

(7) Where a scoping opinion has been provided under this section, the environmental impact assessment report shall—

(a) be consistent with that opinion with regard to content and the manner of its preparation, and

(b) include such information as may reasonably be required to enable the competent authority to reach a reasoned conclusion on the significant effects on the environment of the relevant development.

(8) The giving of a scoping opinion under this section shall not operate to prevent the competent authority from performing any function under this Act to require the person to whom the opinion was given to submit further information to the competent authority in relation to the application for permission for the relevant development concerned.

234. Preparation and submission of environmental impact assessment report

234. (1) An applicant for permission may prepare and submit to the competent authority with the application for permission concerned, an environmental impact assessment report in relation to a relevant development to which that application relates.

(2) An environmental impact assessment report prepared in accordance with subsection (1) or prepared and submitted to a competent authority pursuant to a requirement in a notice under subsection (10) or (14) of section 229 shall—

(a) be prepared by a person with the competence and expertise to so do,

(b) contain the information specified in Annex IV of the Environmental Impact Assessment Directive, and

(3) Where an applicant for permission intends to submit an environmental impact assessment report with an application for permission in accordance with subsection (1) or submits an environmental impact assessment report to a competent authority pursuant to a requirement in a notice under subsection (10) or (14) of section 229, the applicant shall publish a notice in a newspaper stating—

(a) that he or she has applied or intends to apply, as the case may be, for permission for a relevant development,

(b) that an environmental impact assessment report has been submitted or will be submitted, as the case may be, to the competent authority and that an environmental impact assessment of the relevant development will be carried out,

(c) in circumstances where a competent authority has made a screening determination in respect of the relevant development concerned, that such a screening determination was made,

(d) in circumstances where the environmental impact assessment report concludes that the relevant development has had, is having or is likely to have significant effects on the environment of the State, another Member State of the European Union or a Transboundary Convention state, that the report so concludes,

(e) the name and address of the principal office of the competent authority,

(f) the nature of the decisions that the competent authority is permitted to make upon the carrying out of such assessment,

(g) that the environmental impact assessment report and other documentation submitted by the applicant to the competent authority in connection with the application will be available for inspection (free of charge) by members of the public at the offices of the competent authority during normal office hours,

(h) that the environmental impact assessment report and other documentation submitted by the developer will be published on an internet website maintained by or on behalf of the competent authority, and

(i) that any person may make submissions within such period as is specified in the notice.

(4) Where an applicant for permission intends to submit an environmental impact assessment report with an application for permission in accordance with subsection (1), the obligation in subsection (3) shall be discharged by the inclusion of the information specified in that subsection in any public notice of the application that is required to be published under Part 4.

(5) Where an applicant for permission submits an environmental impact assessment report to the competent authority pursuant to a requirement in a notice under subsection (10) or (14) of section 229, the notice referred to in subsection (3) shall be published not later than 3 days after the submission of the environmental impact assessment report to the competent authority.

(6) The period to be specified in a notice under paragraph (i) of subsection (3) shall—

(a) in circumstances where the obligation under subsection (3) is discharged in the manner specified in subsection (4), be—

(i) the period prescribed for the making of submissions in relation to the application for permission in accordance with the applicable provisions of Part 4, or

(ii) the period of 30 days from the date of the notice,

whichever expires later,

(b) in all other cases, be the period of 5 weeks, or such other period as may be prescribed by the Minister, from the date of the notice.

235. Consultation on environmental impact assessment report

235. (1) Where an environmental impact assessment report has been received by the competent authority it shall—

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

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

(i) specifying where, the times at which, and the period during which, the environmental impact assessment report may be inspected in accordance with paragraph (b),

(ii) inviting submissions by members of the public with respect to the significant effects or likely significant effects of the relevant development on the environment, and

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

(2) The competent authority shall—

(a) send a copy of the application for permission and the environmental impact assessment report to such 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 (c) of subsection (1), submissions with respect to the significant effects or likely significant effects of the relevant development on the environment.

(3) Without prejudice to paragraph (a) of subsection (2), the Minister may prescribe persons who, in the opinion of the Minister have recognised environmental responsibilities, and any person so prescribed shall be consulted in relation to applications for permission for relevant development by reference to the nature, type or class of such development or the nature of the effects or likely effects of such development on the environment.

(4) Where a competent authority considers that an environmental impact assessment report submitted to it does not comply with the requirements of subsection (2) of section 234, it shall request the applicant for permission to provide the competent authority with such information as it considers necessary to ensure compliance by that applicant with that subsection, unless it considers that the environmental impact assessment report submitted is so deficient that permission should be refused, in which case, it may refuse permission.

(5) For the purpose of carrying out an environmental impact assessment under section 236, the competent authority may at any time before it makes a decision under Part 4 in relation to an application for permission for a relevant development—

(a) request such additional information from the applicant for permission as it considers necessary to enable it to carry out the environmental impact assessment, or

(b) consult with such persons as the competent authority considers appropriate.

(6) Where the applicant for permission does not provide the competent authority with any information requested under subsection (4) or paragraph (a) of subsection (5)—

(a) within such period as may be specified in the request, or

(b) within such further period as the competent authority may subsequently agree to, at the request of the applicant for permission,

the application for permission shall be deemed to have been withdrawn.

(7) Where, pursuant to a request under subsection (4) or paragraph (a) of subsection (5), a competent authority receives from an applicant for permission for a relevant development information that the competent authority considers to be significant additional information concerning the significant effects or likely significant effects of the relevant development concerned on the environment, the competent authority shall—

(a) require the applicant for permission to publish a notice in a newspaper stating—

(i) that he or she has submitted to the competent authority significant additional information concerning the significant effects or likely significant effects of the relevant development concerned on the environment,

(ii) that the additional information submitted will be available for inspection (free of charge) by members of the public at the offices of the competent authority during normal office hours,

(iii) that the additional information will be published on an internet website maintained by or on behalf of the competent authority, and

(iv) that any person may make submissions within such period (which shall not be less than 30 days from the date of the notice) as is specified by the competent authority,

(b) publish the additional information on an internet website maintained by it or on its behalf,

(c) make the additional information available for inspection (free of charge) at its offices by members of the public during normal office hours,

(d) send a copy of the additional information to any person prescribed for the purposes of paragraph (a) of subsection (2) or under subsection (3), and

(e) invite each person so prescribed to make, during the period referred to in subparagraph (iv) of paragraph (a), submissions with respect to the significant effects or likely significant effects of the relevant development on the environment.

(8) (a) Where a competent authority is required by this Chapter to give notice to any person of, or in relation to, any matter, neither this Chapter nor Part 4 shall be construed in a manner that would prevent the competent authority from using that notice to comply with a requirement under Part 4 to give notice to that person of, or in relation to, any other matter.

(b) Where a competent authority is required by this Part to publish any information or material, neither this Part nor Part 4 shall be construed in a manner that would prevent the competent authority from publishing, with that information or material, any information or material that the competent authority is required to publish under Part 4.

236. Environmental impact assessment of relevant development

236. (1) A competent authority shall, before deciding whether or not to grant permission for a relevant development, carry out an environmental impact assessment of a relevant development—

(a) in respect of which an environmental impact assessment report was submitted to the competent authority with the application for permission for the relevant development, or

(b) to which a screening determination under subsection (7), (9) or (13) of section 229 or 230 applies.

(2) An environmental impact assessment carried out under this section shall identify, describe and assess the direct and indirect significant effects of the relevant development concerned on the following:

(a) population and human health;

(b) biodiversity, with particular attention given to species and habitats protected under the Habitats Directive and the Birds Directive;

(d) material assets, cultural heritage and the landscape; and

(e) the interaction between the factors referred to in paragraphs (a), (b), (c) and (d).

(3) The identification, description and assessment of the effects of the relevant development concerned on the factors referred to in subsection (2) shall include the identification, description and assessment of expected effects deriving from any vulnerability of the relevant development to a risk of major accidents or disasters.

(4) The competent authority shall, for the purposes of carrying out the environmental impact assessment under this section—

(a) consider and examine—

(i) the environmental impact assessment report,

(ii) any information submitted to the competent authority pursuant to a request under subsection (4) of section 235 or paragraph (a) of subsection (5) of that section,

(iii) any submissions made to the competent authority in accordance with—

(I) a notice under subsection (3) of section 234,

(II) a notice under paragraph (c) of subsection (1), or paragraph (a) of subsection (7), of section 235, or

(III) an invitation under subsection (2) or (7) of section 235,

(iv) the results of any consultation carried out by the competent authority in accordance with subsection (3), or paragraph (b) of subsection (5), of section 235,

(v) any information provided or submissions made by a Member State of the European Union or a Transboundary Convention state in relation to potential transboundary environmental effects of the relevant development in accordance with regulations under section 238, and

(vi) any other information that the competent authority considers relevant,

(b) reach a reasoned conclusion on the significant effects (if any) of the relevant development on the environment, and

(5) (a) A competent authority shall ensure that its reasoned conclusion in relation to a relevant development is up to date at the time when it makes a decision under Part 4 in relation to the application for permission concerned.

(b) Where the competent authority considers that a reasoned conclusion reached in accordance with paragraph (b) of subsection (4) is not up to date at the time when the competent authority is making its decision in relation to the application for permission concerned, the competent authority shall, before making that decision—

(i) exercise such of its powers under subsection (5) and (7) of section 235 as it considers necessary for the purpose of obtaining up to date information in relation to the relevant development concerned, and

(ii) set aside the reasoned conclusion already reached in relation to the relevant development and reach a new reasoned conclusion in accordance with subsection (4) in relation to the relevant development.

(6) Where a competent authority decides to grant permission for a relevant development in respect of which an environmental impact assessment has been carried out under this section, it may, in addition to any other condition that may be attached to the grant of permission in accordance with Part 4, attach any of the following to the grant of permission:

(a) conditions requiring the implementation of any measures proposed by the applicant for permission for the purpose of avoiding, preventing, reducing or offsetting any likely significant adverse effects of the relevant development on the environment;

(b) conditions requiring the taking of such specified measures as the competent authority considers necessary or appropriate for the purpose of avoiding, preventing, reducing or offsetting any likely significant adverse effects of the relevant development on the environment;

(c) conditions requiring the making of arrangements for the monitoring of any likely significant adverse effects of the relevant development on the environment.

(7) A competent authority shall ensure that any conditions attached to a grant of permission in accordance with paragraph (c) of subsection (6) are proportionate having regard to the nature, location and size of the relevant development concerned and the likely significance of its effects on the environment.

(8) A competent authority shall—

(a) publish each reasoned conclusion reached by it under this section and any conditions attached to a grant of permission in accordance with subsection (6) on an internet website maintained by it or on its behalf,

(b) make the reasoned conclusion and any such conditions available for inspection (free of charge) by members of the public at its offices during normal office hours, and

(i) the applicant for permission,

(ii) any person (including any member state of the European Union or Transboundary Convention state) who made submissions to the competent authority in relation to the application for permission concerned, and

(iii) any party to an appeal under Chapter 3 of Part 4 of a decision in relation to an application for such permission,

of the reasoned conclusion and any such conditions.

237. Additional provisions applicable to application in connection with development already carried out

237. (1) A competent authority shall, for the purpose of carrying out a screening for environmental impact assessment under section 229 in relation to a relevant development that has been or is being carried out, take account of any likely significant effects on the environment that—

(a) have occurred,

(b) are occurring, or

by reason of the development having already been carried out.

(2) An environmental impact assessment report prepared in accordance with section 234 in relation to an application for retrospective consent shall include—

(a) a statement of the likely significant effects (if any) on the environment that—

(i) have occurred,

(ii) are occurring, or

(iii) could reasonably be expected to occur,

by reason of the development having already been carried out,

(b) details of any measures already undertaken to avoid, prevent, remedy, mitigate, reduce or offset such significant adverse effects on the environment,

(c) details of measures proposed to be undertaken by the applicant for retrospective consent to remedy, mitigate, reduce or offset any significant adverse effects on the environment that have already occurred by reason of the development having already been carried out,

(d) details of measures proposed to be undertaken by the applicant for retrospective consent to avoid, prevent, reduce or offset any likely significant effects on the environment that could reasonably be expected to occur by reason of the development having already been carried out, and

(e) such other information as may be prescribed.

(3) A competent authority shall, for the purpose of carrying out an environmental impact assessment under section 236 in relation to an application for retrospective consent—

(a) identify, describe and assess the direct and indirect significant effects of the relevant development concerned on the environment that—

(i) have occurred,

(ii) are occurring, or

(iii) could reasonably be expected to occur,

by reason of the development having already been carried out,

(b) consider any measures already undertaken to remedy, mitigate, reduce or offset any significant effects on the environment that have already occurred by reason of the development having already been carried out,

(c) consider any measures that the applicant for retrospective consent proposes to take in the future, or any condition that the competent authority is considering attaching to a grant of retrospective consent, for the purpose of avoiding, preventing, remedying, mitigating, reducing or offsetting significant adverse effects on the environment that—

(i) have occurred,

(ii) are occurring, or

(iii) could reasonably be expected to occur,

by reason of the development having already been carried out, and

(d) reach a reasoned conclusion on the significant effects (if any) of the development on the environment.

238. Transboundary environmental impacts

238. (1) The Minister may prescribe arrangements for—

(a) consultation by a competent authority to whom an application for permission for relevant development requiring an environmental impact assessment is made with a Member State of the European Union or a Transboundary Convention state where—

(i) the competent authority considers that the relevant development has had, is having or is likely to have significant effects on the environment of that state, or

(ii) that Member State or Transboundary Convention state considers that the relevant development is likely to have such effects,

and

(b) consultation by the Minister or a planning authority with a Member State of the European Union or a Transboundary Convention state within which a project that has had, is having or is likely to have a transboundary impact (within the meaning of the Transboundary Convention) on the State is, or is proposed to be, located, where—

(i) the Minister or that planning authority considers that the project has had, is having or is likely to have significant effects on the environment of the State (including the exclusive economic zone of the State), or

(ii) that Member State or Transboundary Convention state considers that the project has had, is having or is likely to have such effects.

(2) Without prejudice to the generality of subsection (1), regulations under that subsection may make provision for—

(a) the notification of the Minister by the competent authority of the application for permission for a relevant development that has had, is having or is likely to have significant effects on the environment in a Member State of the European Union or a Transboundary Convention state,

(b) the provision of information relating to the application, including any environmental impact assessment report, by the competent authority to the Minister,

(c) the notification of a Member State of the European Union or a Transboundary Convention state and the provision of information relating to the application for permission, including any environmental impact assessment report, to that state,

(d) the provision of information and the making of submissions (including submissions in relation to an environmental impact assessment report) by a Member State of the European Union or a Transboundary Convention state regarding the application for permission for the relevant development concerned and its significant effects or likely significant effects on the environment of a Member State of the European Union or a Transboundary Convention state concerned and the transmission of such information and submissions to the competent authority, and

(e) time limits for consultations with a Member State of the European Union or a Transboundary Convention state and, where necessary, the extension of time limits for the taking of steps and the making of decisions under this Act in order to facilitate consultations with the Member State of the European Union or a Transboundary Convention state.

(3) Where a Member State of the European Union or a Transboundary Convention state provides information or makes submissions regarding an application for permission for a relevant development and its significant effects or likely significant effects on the environment of that state, the competent authority concerned shall take such information or submissions into account when carrying out any environmental impact assessment or making a decision under Part 4 in relation to the application for permission.

(4) A competent authority may, following the taking into account of any information provided or submissions made by a Member State of the European Union or a Transboundary Convention state in accordance with subsection (3), attach to any grant of permission for the relevant development concerned conditions of a type referred to in subsection (6) of section 236 that are for the purpose of avoiding, preventing or reducing transboundary environmental effects of the relevant development.

(5) Without prejudice to the generality of subsection (1), regulations under that subsection may make provision for:

(a) the transmission by the Minister to the competent authority or State authority of any notification received by the Minister from another Member State of the European Union or a Transboundary Convention state in respect of a project in that state that has had, is having or may be likely to have significant environmental effects on the State or the exclusive economic zone of the State;

(b) the making of a request by a competent authority or State authority, whether in response to a notification of the type referred to in paragraph (a) or otherwise, for information in relation to a project in another Member State of the European Union (or its exclusive economic zone) or a Transboundary Convention state (or its exclusive economic zone) that the competent authority or State authority, as the case may be, considers has had, is having or is likely to have significant environmental effects in the State or the exclusive economic zone of the State;

(c) the forwarding by the Minister to the Member State of the European Union or a Transboundary Convention state concerned of a request of the type referred to in paragraph (b) or the making of a request of that type by the Minister to that Member State of the European Union or Transboundary Convention state;

(d) the provision of information received by the Minister from the Member State of the European Union or a Transboundary Convention state concerned in relation to the project concerned, including any environmental impact assessment report, to the relevant competent authority in the State or State authority;

(e) the notification of the public of any information received by the Minister from the Member State of the European Union or a Transboundary Convention state concerned in relation to the project concerned, including any environmental impact assessment report, and the making of submissions by the public in relation to the information so notified;

(f) the transmission by the Minister to the Member State of the European Union or a Transboundary Convention state concerned of any information or submissions received from a competent authority, State authority or the public in relation to the project concerned;

(g) the provision of information or making of submissions by the Minister, a State authority or a competent authority to the Member State of the European Union or a Transboundary Convention state concerned in relation to the project concerned;

(h) the initiation and conduct of discussions or consultations with the Member State of the European Union or a Transboundary Convention state concerned for the purpose of ensuring that the transboundary environmental effects in the State (including in the exclusive economic zone of the State) of any project carried out or proposed to be carried out in that Member State or Transboundary Convention state, are taken into account in accordance with the requirements of the Environmental Impact Assessment Directive and the Transboundary Convention.

239. Joint environmental assessment of relevant development by competent authority

239. (1) Where, in relation to a relevant development—

(a) an appropriate assessment is required to be carried out in accordance with section 217, and

(b) an environmental impact assessment is required to be carried out in accordance with section 236,

a competent authority may, for the purpose of avoiding unnecessary duplication of effort, carry out both assessments jointly to the extent that the carrying out of both assessments jointly would not hinder compliance with any of the requirements of this Part in relation to either such assessment.

(2) Notwithstanding subsection (1), where a competent authority carries out an appropriate assessment and an environmental impact assessment jointly in accordance with that subsection, it shall ensure that—

(a) its determination in relation to the appropriate assessment and the reasons therefor, and

(b) its reasoned conclusion in relation to the environmental impact assessment are separately stated and clearly distinguishable.

(3) The Minister may make regulations for the purposes of this section.

240. Coordination of environmental impact assessments under different enactments

240. (1) Where a relevant development in respect of which—

(a) an application for permission is made, and

(b) an environmental impact assessment is required to be carried out in accordance with section 236,

cannot lawfully be carried out or retained without the grant of a permission, licence, authorisation or consent (howsoever described) under any enactment (other than this Act), a competent authority shall for the purpose of coordinating—

(i) the performance of its functions in relation to the carrying out of an environmental impact assessment of the relevant development under this Act, and

(ii) the performance by the competent authority under the said enactment of functions in relation to the carrying out of an environmental impact assessment of the relevant development under the said enactment,

consult with the competent authority referred to in paragraph (ii).

(2) The Minister may, after consultation with the other responsible Minister make regulations prescribing the order in which an application for permission under Part 4 for relevant development and an application for a permission, licence, authorisation or consent (howsoever described) for that relevant development under the enactment referred to in subsection (1) shall be made and decided upon.

(3) The Minister may, after consultation with the other responsible Minister make regulations for the purposes of subsection (1) including regulations—

(a) prescribing the procedures to be followed for the purposes of compliance with that subsection, and

(b) providing for—

(i) consultation by a competent authority with the Environmental Protection Agency where a relevant development requires a permission under Part 4 and any one or more of the following:

(I) an integrated pollution control licence;

(II) an industrial emissions licence;

(III) a waste licence;

(IV) a waste water discharge licence;

(V) an abstraction licence,

and

(ii) the coordination by a competent authority and the Environmental Protection Agency of the performance by them of functions in relation to the relevant development.

(4) In this section “other responsible Minister” means—

(a) in relation to an enactment referred to in subsection (1), any Minister of the Government on whom power is conferred to make regulations under that enactment, and

(b) in relation to an enactment referred to in subsection (3), any Minister of the Government on whom power is conferred to make regulations under that enactment.

241. Environmental impact assessment portal

241. (1) Notwithstanding the repeal of section 172A of the Act of 2000, the Minister shall continue to operate and maintain the internet website (which shall be known as the “environmental impact assessment portal”) provided for by that section—

(a) for the purposes of this Chapter, and

(b) for the same purposes as he or she operated and maintained it immediately before such repeal.

(2) The Minister may make regulations for the purposes of this section.

(3) Without prejudice to the generality of subsection (2), regulations under that subsection may include provisions requiring such persons, or persons of such class or classes, as are specified in the regulations to give to the Minister within such period or periods, as may be so specified, such information, or information of such class or classes, as may be so specified, for the purpose of enabling him or her to—

(a) comply with subsection (1), and

(b) ensure compliance by the State with its obligations in relation to the environmental impact assessment portal under the Environmental Impact Assessment Directive.

PART 7 Housing Strategy and Supply

Chapter 1

242. Housing strategy

242. (1) Prior to making a development plan under Part 3, a planning authority shall prepare a strategy (in this Act referred to as a “housing strategy”) for the purpose of ensuring that the housing development strategy makes adequate provision for the housing of the existing and future population of the area of the development plan in accordance with the proper planning and sustainable development of the area.

(2) A housing strategy—

(a) may be prepared jointly by 2 or more planning authorities in respect of the combined area of their development plans, or

(b) shall, where the Minister so directs, be prepared jointly by 2 or more planning authorities in respect of the combined area of their development plans.

(3) A housing strategy shall relate to the period of the development plan.

(4) In preparing a housing strategy, a planning authority shall—

(a) have regard to the overall housing needs of the population of its functional area, taking account of the matters specified in subsection (5),

(b) have regard to the most recent summary of social housing assessments prepared under section 21 of the Housing (Miscellaneous Provisions) Act 2009 that relate to the area of the development plan,

(d) have regard to relevant policies or objectives for the time being of the Government or any Minister of the Government, and any National Planning Statement, that relate to housing or social integration in the provision of housing services.

(5) A housing strategy shall take into account—

(a) the existing need, and the likely future need, for housing, based on national and regional population growth targets set out in the National Planning Framework and the regional spatial and economic strategy for the region within which the functional area to which the housing strategy relates is situated,

(b) the existing need, and the likely future need, for housing for the purposes of—

(i) the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009,

(ii) eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021, and

(iii) cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021,

(d) the need to ensure that a mixture of house types and sizes is developed to reasonably match the requirements of different categories of households (including the special requirements of elderly persons and persons with disabilities), as may be determined by the planning authority,

(e) the need to counteract and prevent undue segregation in housing between persons of different social backgrounds,

(f) the existing need and the likely future need for housing, in particular houses and duplexes, for purchase by intending owner-occupiers,

(g) the existing tenure mix of the area of the development plan,

(h) the demographics of the area of the development plan,

(i) any assessment relating to housing need or demand prepared by the planning authority pursuant to the National Planning Framework or any National Planning Statement,

(j) any planned or existing development under Part 9 of the Land Development Agency Act 2021 in, or affecting the functional area of, the planning authority,

(k) such other matters as the planning authority considers appropriate, and

(l) such further or additional matters as may be prescribed.

(6) A housing strategy shall include an estimate of the amount of—

(a) housing for the purposes of the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009,

(b) housing for eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021, and

required in the area of the development plan during the period of the development plan and the estimate may state different requirements for the purposes of one or more of paragraphs (a) to (c) for different areas within the area of the development plan.

(7) When making an estimate under paragraph (b) of subsection (6), the planning authority shall have regard to the following:

(a) the supply of, and demand for, houses generally or houses of a particular class or classes, in the whole or part of the area of the development plan;

(b) the price of houses generally, or houses of a particular class or classes, in the whole or part of the area of the development plan;

(c) the income of persons generally, or of a particular class or classes of person who require houses in the area of the development plan;

(d) the rates of interest on mortgage loans;

(e) the relationship between the price of housing under paragraph (b), incomes under paragraph (c) and rates of interest under paragraph (d) for the purpose of establishing the affordability of houses in the area of the development plan;

(f) such other matters as the planning authority considers appropriate;

(g) such other matters as may be prescribed for the purposes of this subsection.

(8) When making an estimate under paragraph (c) of subsection (6), the planning authority shall have regard to the following:

(a) the supply of, and demand for, houses for rent in the whole or part of the area of the development plan;

(b) the cost of rents applicable to houses generally, or to houses of a particular class or classes, in the whole or part of the area of the development plan;

(c) the income of persons generally, or of a particular class or classes of person, who require houses for rent in the area of the development plan;

(d) the relationship between the cost of rents referred to in paragraph (b) and incomes referred to in paragraph (c) for the purpose of establishing the affordability of housing for rent in the area of the development plan;

(e) such other matters as the planning authority considers appropriate;

(f) such other matters as may be prescribed for the purposes of this subsection.

(9) Regulations made for the purposes of subsections (7) and (8) shall not affect any of the following that are in effect at the time those regulations come into operation:

(a) a housing development strategy;

(b) a housing strategy within the meaning of the Act of 2000;

(10) Subject to subsection (11), a housing strategy shall provide that as a general policy a specified percentage, not being more than 20 per cent, of—

(a) the land zoned for residential use, or for a mixture of residential and other uses, and

(b) any land not zoned either for residential use or for a mixture of residential and other uses, and in respect of which permission for the development of houses is granted,

shall be reserved for the provision of housing for the purposes of one or more of the following:

(i) housing for the purposes of the provision of social housing support within the meaning of the Housing (Miscellaneous Provisions) Act 2009;

(ii) housing for eligible applicants within the meaning of Part 2 of the Affordable Housing Act 2021;

(iii) cost rental dwellings within the meaning of Part 3 of the Affordable Housing Act 2021.

(11) Subsection (10) shall not operate to prevent any person (including a local authority) at its election from using more than 20 per cent of land in respect of which permission for the development of houses is granted for the provision of housing to which paragraphs (i) to (iii) of subsection (10) apply.

F16[(12) A housing strategy within the meaning of Part V of theAct of 2000included in a development plan under Part II of that Act that—

(a) continues in force by virtue ofsection 68, or

(b) was prepared, or varied, in accordance withsection 69,

shall, until the replacement of that development plan in accordance withPart 3, constitute the housing strategy of the planning authority in respect of whose functional area the development plan applies and, accordingly, references in this Act to a housing strategy shall be construed as including references to a housing strategy to which this subsection applies.]

243. Development plans for which housing strategy has already been made

243. (1) This section applies where—

(a) a development plan includes a housing strategy, within the meaning of the Act of 2000, on the date on which section 242 comes into operation, and

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