The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999

Part I General

Citation and commencement

1.  These regulations may be cited as the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 and shall come into operation on 14th March 1999.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(1) shall apply to these regulations as it applies to a Measure of the Northern Ireland Assembly.

(2) In these regulations—

“the 1991 Order” means the Planning (Northern Ireland) Order 1991(2) and references to Articles are references to Articles of that Order;

“the Commission” means the Planning Appeals Commission;

“the Department” means the Department of the Environment;

“developer” means a person carrying out or proposing to carry out development;

“the Directive” means Council Directive 85/337/EEC as amended by Council Directive 97/11/EC;

“documents” includes photographs, drawings, maps and plans;

“EIA application” means an application for planning permission for EIA development;

“EIA development” means development which is either—

(a)

Schedule 1 development; or

(b)

Schedule 2 development which is likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

“environmental information” means the environmental statement, including any further information, any representations made by any body required by these regulations to be consulted and any representations duly made by any other person about the likely environmental effects of the proposed development;

“environmental statement” means a statement that includes such of the information referred to in Part I of Schedule 4 as is reasonably required to assess the environmental effects of the development and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but which includes at least the information referred to in Part II of Schedule 4;

“exempt development” means development which comprises or forms part of a project serving national defence purposes or in respect of which the Department has made a direction under regulation 3(b);

“further information” has the meaning given to it in regulation 15(1);

“the General Development Order” means the Planning (General Development) Order (Northern Ireland) 1993(3);

“the land” means the land on which the development is to be carried out or, in the case of development already carried out, the land on which it has been carried out;

“Schedule 1 application” and “Schedule 2 application” mean an application for planning permission for Schedule 1 development and Schedule 2 development;

“Schedule 1 development” means development other than exempt development of a description mentioned in Schedule 1;

“Schedule 2 development” means development other than exempt development of a description mentioned in column 1 of the table in Schedule 2 where—

(a)

any part of that development is to be carried out in a sensitive area; or

(b)

any applicable threshold or criterion in the corresponding part of column 2 of that table is respectively exceeded or met in relation to that development;

“selection criteria” means the criteria set out in Schedule 3;

“sensitive area” means any of the following—

(a)

an area of special scientific interest, that is to say, land so declared under Article 24 of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985(4);

(b)

an area of outstanding natural beauty, that is to say an area so designated under Article 14(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;

(c)

a National Park, that is to say an area so designated under Article 12(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;

(d)

a property appearing on the World Heritage List kept under Article 11(2) of the 1972 UNESCO Convention for the Protection of World Cultural and Natural Heritage(5);

(e)

a scheduled monument within the meaning of the Historic Monuments and Archeological Objects (Northern Ireland) Order 1995(6);

(f)

a European site within the meaning of regulation 9 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995(7).

(3) Subject to paragraph (4), expressions used both in these regulations and in the 1991 Order have the same meaning for the purposes of these regulations as they have for the purposes of the said Order.

(4) Expressions used in these regulations and in the Directive (whether or not used in the 1991 Order) have the same meaning for the purposes of these regulations as they have for the purposes of the Directive.

Directions

3.  The Department may direct that—

(a) a particular development of a description described in column 1 of the table in Schedule 2 and which does not meet the conditions in sub-paragraphs (a) and (b) of the definition of “Schedule 2 development” is EIA development; or

(b) in accordance with Article 2.3 of the Directive (but subject to Article 7 of the Directive) that a specific development is not development in respect of which the consideration of environmental information is required before planning permission can be granted.

Prohibition on the grant of planning permission without consideration of environmental information

4.—(1) Planning permission shall not be granted for EIA development, where the application is received on or after the date these regulations come into operation, unless the Department or the Commission, as the case may require, has first taken into consideration environmental information.

(2) The Department or the Commission, as the case may require, shall when granting planning permission in respect of an application to which paragraph (1) applies, state in the notice to the applicant of its decision, that it has taken environmental information into consideration.

Confirmation that development is EIA development

5.—(1) Subject to any direction of the Department under regulation 3, the occurrence of an event mentioned in paragraph (2) shall determine, for the purposes of these regulations, that development is EIA development.

(2) The events referred to in paragraph (1) are—

(a) the submission by the applicant or appellant, in relation to that development, of a statement referred to by the applicant or appellant as an environmental statement for the purposes of these regulations; or

(b) the determination by the Department, or following a hearing by the Commission, confirmation by the Department, that the development is EIA development.

Part II Pre-application Procedures

Pre-application determination as to need for environmental impact assessment and opinion as to content of environmental statement

6.—(1) Subject to paragraphs (2) and (3), before applying for planning permission a developer may apply in writing to the Department asking it to give—

(a) a determination as to whether a proposed development would or would not be an EIA development;

(b) an opinion as to the information to be provided in the environmental statement to be submitted with an EIA application.

(2) A request under paragraph (1)(b) may be made at the same time as a request under paragraph (1)(a).

(3) A request under paragraph (1) shall be accompanied by—

(a) a plan sufficient to identify the land;

(b) a brief description of the nature and purpose of the development and of its possible effects on the environment; and

(c) such other information or representations as the applicant may wish to provide or make.

(4) Subject to paragraph (5), the Department shall inform the applicant, in writing, of its determination under paragraph (1)(a) within 4 weeks from the date of receipt of the application, or within such extended period as may be agreed in writing between the Department and the applicant.

(5) Where the Department considers that it has not been provided with sufficient information to enable it to respond to a request under paragraph (1)(a) or (b) it shall notify the developer of the particular points on which further information is required, and the period for making the determination or for giving opinion on the content of the environmental statement shall not commence until receipt of that additional information.

(6) Subject to paragraph (8) the Department shall not give an opinion in response to a request under paragraph (1)(b) until it has consulted the developer, and such other authorities likely to be concerned by the proposed development by reason of their specific environmental responsibilities, but shall respond to such a request within 6 weeks of receipt of that request or such longer period as may be agreed in writing with the applicant.

(7) If, in response to a request under paragraph (1)(a), the Department, having taken into account the selection criteria, is of an opinion that an application would be an EIA application, it shall provide with the determination a written statement giving clearly and precisely the full reasons for its conclusion.

(8) Where the Department gives a determination under paragraph (7) and the applicant has also requested an opinion under paragraph (1)(b), the Department shall respond to the request for the opinion within 6 weeks of the date of issue of its determination under paragraph (7) or such longer period as may be agreed in writing with the applicant.

(9) In giving an opinion in response to a request under paragraph (1)(b), the Department shall take into account—

(a) the specific characteristics of the particular development;

(b) the specific characteristics of development of the type concerned; and

(c) the environmental features likely to be affected by the development.

(10) Where the applicant wishes to proceed with the proposed development he shall by notice in writing inform the Department that he either—

(a) accepts the Department’s determination under paragraph (7) and proposes to provide an environmental statement; or

(b) does not accept the Department’s determination and proposes to seek a hearing before the Commission.

(11) The notice referred to in paragraph (10) shall be served on the Department within 4 weeks of the date of the determination.

(12) Where the Department has given an opinion under paragraph (1)(b) or where it has received a statement under regulation 5(2)(a) it shall not be precluded from requiring further information in connection with any environmental statement that may be submitted.

Part III Preparation of Environmental Statements

Procedure to facilitate preparation of environmental statements

7.—(1) A developer may give the Department notice in writing under this paragraph that he intends to submit an environmental statement.

(2) A notice under paragraph (1) shall include or be accompanied by the information necessary to identify the land and the nature and purpose of the development, and shall indicate the main environmental consequences to which the person giving notice proposes to refer in his environmental statement.

(3) Where the Department receives—

(a) such a notice as is mentioned in paragraph (1); or

(b) such a statement as is mentioned in regulation 6(10)(a);

it shall notify—

(i) the district council in the area in which the land to which the proposal relates is situated of the details of the proposed development; and

(ii) such other authorities likely to be concerned by the proposed development by reason of their specific environmental responsibilities,

of the name and address of the developer and of the duty imposed on them by regulation 8(1) to make information available to the developer; and

(iii) inform the developer in writing of the names and addresses of the bodies so notified.

Provision of information

8.—(1) Subject to paragraph (2), any body notified by the Department pursuant to regulation 7(3) shall, if requested by the developer, or may without such request, enter into consultation with him with a view to ascertaining whether the body has information in its possession which he or they consider relevant to the preparation of the environmental statement, and shall make that information available to him.

(2) Paragraph (1) shall not require the disclosure by a body of information which is capable of being treated as confidential or must be so treated under regulation 5 of the Environmental Information Regulations (Northern Ireland) 1993(8).

Part IV Procedures on Receipt of Application

Application made to the Department without prior determination as to need for environmental impact assessment or without an environmental statement

9.—(1) Where it appears to the Department that an application for planning permission—

(a) is a Schedule 1 application or a Schedule 2 application;

(b) has not been the subject of a determination as to whether the application is or is not an EIA application; and

(c) is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these regulations,

it shall make a determination as to whether the application is for EIA development, taking into account the selection criteria.

(2) If the Department considers that it has not been provided with sufficient information to make a determination, it shall notify the applicant of the particular points on which it requires further information.

(3) Where an EIA application, including an application determined as such under paragraph (1), is not accompanied by an environmental statement or a statement referred to by the applicant as an environmental statement, the Department shall notify the applicant in writing that the submission of such a statement is required, giving clearly and precisely the full reasons for its view.

(4) Subject to paragraph (5), the Department shall make a determination under paragraph (1) and, where necessary, notify the applicant in accordance with paragraph (3) within 4 weeks from the date of receipt of the application or such longer period as may be agreed in writing with the applicant.

(5) Where additional information is requested under paragraph (2), the Department shall notify the applicant of its determination within a period of 4 weeks from the date of receipt of the additional information.

(6) An applicant receiving a notification pursuant to paragraph (3) shall, within 4 weeks from the date of the determination, inform the Department, in writing, that he—

(a) accepts the Department’s determination and proposes to provide an environmental statement; or

(b) does not accept the Department’s determination and proposes to seek a hearing before the Commission.

(7) If the applicant does not inform the Department in writing in accordance with paragraph (6), the permission sought shall be deemed to be refused at the end of the relevant 4 week period; and the deemed refusal shall not give rise to an appeal to the Commission by virtue of Article 32 (appeals) or Article 33 (appeal in default of planning decision).

(8) Where the Department determines, or following a hearing by the Commission confirms, that an environmental statement is required, the statement shall be submitted within 6 months from the date of determination or such extended period as may be agreed in writing between the applicant and the Department, and if not so submitted, the application shall be deemed to be refused and the deemed refusal shall not give rise to an appeal to the Commission by virtue of Article 32 (appeals) or Article 33 (appeal in default of planning decision).

(9) Where, following a hearing by the Commission, the Department withdraws its determination that an environmental statement is required, the period within which the application for planning permission is to be determined shall be calculated from the date of notice to the applicant of the Department’s withdrawal.

(10) Where the Department makes a determination under paragraph (1) that an environmental statement is required or confirms a determination under paragraph (8), regulations 7(3) and 8 shall apply.

Extension of the period for Department’s decision on a planning application

10.  Where an environmental statement is required in relation to an application for planning permission, article 11 of the General Development Order shall have effect as if—

(a) for the reference in paragraph (2)(a) of that article to a period of 2 months from the date the application was received there were substituted a reference to a period of 16 weeks; and

(b) after paragraph (3)(b) of that article there were inserted—

“(ba) the environmental statement required to be submitted in respect of the application has been submitted, together with the documents required to accompany that statement; and”.

Application of Article 31 of the 1991 Order

11.  Where an environmental statement is required to be submitted with an application for planning permission and the Department decides that the application for planning permission is one to which Article 31 (major planning applications) shall apply, that Article shall have effect as if—

(a) for the reference to two months in paragraph (1) of that Article there were substituted a reference to 16 weeks; and

(b) the date of application were calculated from the date when each of the events described in article 11(3) (time periods for decisions) of the General Development Order, as modified by regulation 10 has taken place.

Part V Publicity

Publicity where an environmental statement is submitted

12.  Where an environmental statement is submitted, the developer shall make it available to the public, and the Department shall, when it receives the environmental statement—

(a) publish notice of the planning application in at least one newspaper circulating in the locality in which the land to which the application relates is situated, allowing the public a period of 4 weeks from the date on which the notice is first published, in which to make representations;

(b) state in the notice that the planning application is accompanied by an environmental statement; and

(c) give in the notice, an address (within the locality in which the land proposed to be developed is situated) at which copies of the environmental statement may be obtained from the developer, so long as stocks last, and if a charge is to be made for a copy, state the amount of the charge.

Availability of copies of environmental statement

13.  A developer who submits an environmental statement shall—

(a) ensure that a reasonable number of copies are made available at the address given in the notice pursuant to regulation 12(c); and

(b) provide the Department with sufficient copies of it, or parts thereof, to enable the Department to comply with regulation 14 and 3 additional copies.

Consultation where environmental statement submitted

14.—(1) Where the Department receives an environmental statement in relation to a proposed development, it shall consult the district council and bodies mentioned in regulation 7(3) and inform them that they may make representations.

(2) The Department shall give not less than 4 weeks notice to bodies consulted under paragraph (1) that environmental information is to be taken into account in determining the application for planning permission.

Further information relating to environmental statement

15.—(1) Where the Department or the Commission is of the opinion that—

(a) the applicant could have provided further information about any of the matters mentioned in Schedule 4; and

(b) that further information is reasonably required to give proper consideration to the likely environmental effects of the proposed development,

it may request the applicant, by notice in writing, to submit such further information.

(2) The Department or the Commission may, by notice in writing, require an applicant to produce such evidence as it may reasonably call for to verify any information in his environmental statement.

(3) Regulations 12 to 14 shall apply where such further information is received by the Department in relation to an environmental statement, as if references to “environmental statement” were references to “further information”.

Charges

16.—(1) A reasonable charge reflecting the cost of printing and distribution of an environmental statement, part thereof or further information, may be made by the developer in respect of copies made available under regulation 13(a).

(2) A body entering into consultation pursuant to regulation 8, may make a reasonable charge for the costs of making available to the developer information in its possession.

Duty to inform the public of decisions

17.—(1) Where an EIA application is determined, the Department shall inform the public of the decision by publishing notice in at least one newspaper circulating in the locality in which the land is situated or by such other means as are reasonable in the circumstances.

(2) Where, after environmental information has been taken into consideration, an EIA application is determined by the Commission, the Commission shall—

(a) notify the Department of its decision; and

(b) provide the Department with a copy of a statement containing—

(i) the contents of the decision and the conditions attached thereto;

(ii) the main reasons for the decision and the considerations on which the decision was based; and

(iii) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development.

(3) The Department shall, as soon as reasonably practicable after receipt of the notification under paragraph (2), comply with paragraph (1) as if the decision so notified was a decision of the Department.

Part VI Development Likely to Affect Other Member States

Development likely to have significant effects on the environment in another Member State

18.—(1) Where—

(a) it comes to the attention of the Department that proposed development is the subject of an EIA application and is likely to have significant effects on the environment in another Member State; or

(b) another Member State likely to be significantly affected by such development so requests,

the Department shall—

(i) publish a notice in the Belfast Gazette giving the address of the proposed development, stating that it is accompanied by an environmental statement and that it is likely to have significant effects on the environment of another Member State and giving an address at which further information may be obtained;

(ii) send to the Member State as soon as possible and no later than the date of publication of the notice referred to in paragraph (i), the particulars mentioned in paragraph (2) and, if the Department thinks fit, the information referred to in paragraph (3); and

(iii) give the Member State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these regulations provide.

(2) The particulars referred to in paragraph (1)(ii) are—

(a) a description of the development, together with any available information on its possible significant effect on the environment in another Member State; and

(b) information on the nature of the decision which may be taken.

(3) Where a Member State indicates in accordance with paragraph (1)(iii), that it wishes to participate in the procedure for which these regulations provide, the Department shall send to that Member State—

(a) a copy of the application concerned;

(b) a copy of the environmental statement in respect of the development to which that application relates; and

(c) relevant information regarding the procedure under these regulations,

unless that information has already been provided to the Member State earlier in accordance with paragraph (1)(ii).

(4) The Department shall also—

(a) arrange for the particulars and information referred to in paragraphs (2) and (3) to be made available, within a reasonable time, to the authorities referred to in Article 6.1 of the Directive and to the public concerned in the territory of the Member State likely to be significantly affected; and

(b) ensure that those authorities and the public concerned are given an opportunity, before planning permission for the development is granted, to forward to the Department, within a reasonable time, their opinion on the information supplied.

(5) The Department shall in accordance with Article 7.4 of the Directive—

(a) enter into consultations with the Member State concerned regarding, inter alia, the potential significant effects of the development on the environment of that Member State and the measures envisaged to reduce or eliminate such effects; and

(b) determine, in agreement with the other Member State, a reasonable period of time for the duration of the consultation period.

(6) Where a Member State has been consulted in accordance with paragraph (3), on the determination of the application concerned, the Department shall inform the Member State and shall forward to it a statement of—

(a) the content of the decision and any conditions attached thereto;

(b) the main reasons and considerations on which the decision is based; and

(c) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development.

Projects in another Member State likely to have significant transboundary effects

19.—(1) Where the Department receives from another Member State pursuant to Article 7.2 of the Directive information which the Member State has gathered from the developer of a proposed project in that Member State which is likely to have significant effects on the environment in Northern Ireland, the Department shall, in accordance with Article 7.4 of the Directive—

(a) enter into consultations with that Member State regarding, inter alia, the potential significant effects of the proposed project on the environment in Northern Ireland and the measures envisaged to reduce or eliminate such effects; and

(b) determine in agreement with that Member State a reasonable period, before development consent for the project is granted, during which members of the public in Northern Ireland may submit to the competent authority in that Member State representations pursuant to Article 7.3(b) of the Directive.

(2) The Department, in so far as it is concerned, shall also—

(a) arrange for the information referred to in paragraph (1) to be made available, within a reasonable time, both to the authorities in Northern Ireland which it considers are likely to be concerned by the project by reason of their specific environmental responsibilities, and to the public concerned in Northern Ireland; and

(b) ensure that those authorities and the public concerned in Northern Ireland are given an opportunity before development consent for the project is granted, to forward to the competent authority in the relevant Member State, within a reasonable time, their opinion on the information supplied.

Part VII Unauthorised Development

Interpretation of Part VII

20.  In this Part—

• “deemed application” shall be construed in accordance with Article 71(3) (appeals against enforcement notice — supplementary provisions relating to planning permission);

• “enforcement notice” means a notice issued under Article 68 (enforcement notices);

• “ground (a) appeal” means an appeal under Article 69 (appeal against enforcement notice), so far as brought on the ground mentioned in paragraph (3)(a) of that Article.

Prohibition on the grant of planning permission for unauthorised development

21.  The Commission shall not grant planning permission under paragraph (1) of Article 71 (appeal against enforcement notice — supplementary provisions relating to planning permission) in respect of unauthorised EIA development unless it has first taken environmental information into consideration, and states in its decision that it has done so.

Determination as to need for environmental statement, etc.

22.—(1) Where it appears to the Department that the matters constituting the breach of planning control comprise Schedule 1 or Schedule 2 development, the Department shall, before the enforcement notice is issued, make a determination, taking into account the selection criteria, as to whether the development is or is not EIA development.

(2) Where it appears to the Department that the matters constituting the breach of planning control comprise or include EIA development it shall serve with a copy of the enforcement notice a notice (“regulation 22 notice”) which shall—

(a) include a copy of the determination required by paragraph (1) and a written statement giving clearly and precisely full reasons for its conclusions; and

(b) require a person who gives notice of an appeal under Article 69 (appeal against enforcement notice) to submit to the Commission with the notice sufficient copies of the environmental statement relating to the unauthorised development to enable the Commission to comply with regulation 25.

(3) The Department shall send a copy of the regulation 22 notice to—

(a) the Commission;

(b) the district council for the area in which the land to which the unauthorised development relates is situated; and

(c) any other authorities likely to be concerned by the unauthorised development by reason of their specific environmental responsibilities.

(4) Where the Department serves the Commission with a copy of a regulation 22 notice it shall also provide it with a list of the other persons to whom, in accordance with paragraph (3), a copy of the notice has been or is to be sent.

(5) Where a person gives notice of appeal under Article 69 and the Department has served on that person a regulation 22 notice with which he does not agree, that person may by notice in writing, within 4 weeks of the service of the enforcement notice, inform the Department that he proposes to seek a hearing before the Commission.

Time period for submission of environmental statement

23.  Where the Department determines, or following a hearing by the Commission confirms that an environmental statement is required, it shall be submitted to the Commission within 6 months from the date of the determination or such extended period as may be agreed in writing between the applicant and the Commission and if not so submitted the deemed application for planning permission and the ground (a) appeal (if any) shall lapse at the end of that period.

Provision of information

24.—(1) Subject to paragraph (2) any person on whom a copy of a regulation 22 notice is served pursuant to regulation 22(3)(b) and (c) (“the consultee”) shall, if requested by the person on whom the regulation 22 notice was served, or may without such request, enter into consultation with him to determine whether the consultee has in his possession any information which he or they consider relevant to the preparation of an environmental statement and, if they have, the consultee shall make any such information available to the prospective applicant.

(2)  Regulation 8(2) and 16(2) shall apply to information under paragraph (1) as they apply to information under regulation 8(1).

Procedure where the Commission receives an environmental statement

25.—(1) Where the Commission receives an environmental statement, or a statement referred to by the appellant as an environmental statement, in connection with an enforcement appeal it shall serve a copy on the Department and those bodies on whom a copy of the regulation 22 notice was served.

(2) The Commission shall give not less than 4 weeks notice to the Department and the bodies referred to in paragraph (1) that environmental information will be taken into consideration in determining the ground (a) appeal (if any) and inform them that they may make representations.

Further information and evidence respecting environmental statements

26.—(1) Regulation 15(1) and (2) shall apply in relation to further information as if the reference to “the Department” was omitted and the word “appellant” was substituted for the word “applicant”.

(2) If an appellant on whom notice has been given under paragraph (1) fails to provide the further information within the period specified in the notice, the deemed application and the ground (a) appeal (if any) shall lapse at the end of that period.

(3) Regulations 25 (procedure where the Commission receives an environmental statement) and 27 (publicity for environmental statements and decisions) shall apply in relation to further information received by the Commission in accordance with paragraph (1) as if references in those regulations to an environmental statement were references to the further information.

(4) The Commission shall send the Department a copy of any notice sent to the applicant under paragraph (1).

Publicity for environmental statements and decisions

27.—(1) Where the Commission receives a copy of an environmental statement, or a statement submitted by the appellant referred to as an environmental statement, in connection with an enforcement appeal it shall publish in at least one newspaper circulating in the locality in which the land to which the enforcement notice relates is situated (“the locality”) a notice stating—

(a) the name of the appellant and that he has appealed to the Commission against the enforcement notice;

(b) the address or location of the land to which the notice related and the nature of the development;

(c) that a copy of the environmental statement may be inspected by members of the public at all reasonable hours;

(d) an address in the locality at which the statement may be inspected and the latest date it will be made available for inspection, being a period of 4 weeks from the date of the first publication of the notice;

(e) that any person wishing to make representations about any matter dealt with in the statement should make them in writing, no later than 4 weeks after the date of the first publication of the notice; and

(f) the address to which such representations are to be sent.

(2) Where the Commission determines the ground (a) appeal it shall inform the Department of its decision and the provisions of regulation 17 (duty to inform the public of decisions) shall apply to any grant of planning permission under Article 71 as they apply to a grant of planning permission under Part IV of the 1991 Order.

Involvement of other Member States

28.  Regulation 18 (development likely to have significant effects on the environment in another Member State) shall apply subject to the following modifications—

(a) for regulation 18(1)(a)substitute—

“(a) on the consideration of an appeal under Article 69 (appeal against enforcement notice), the Commission is of the opinion that matters which are alleged to constitute the breach of planning control comprise or include EIA development and the development has or is likely to have significant effects on another Member State, it shall notify the Department; and”;

(b) in regulation 18(1)(i) delete the word “proposed”;

(c) in regulation 18(3)(a) for the words “a copy of the application concerned” substitute the words “a description of the development concerned”; and

(d) in regulation 18(3)(b) for “that application” substitute “the deemed application under Article 71(3)”.

Part VIII Permission in Enterprise and Simplified Planning Zones and Permission Granted by Development Orders

Restrictions on grant of permission by old enterprise zone schemes

29.—(1) Any Order designating an enterprise zone or adoption of a modified scheme(9) under the Enterprise Zones (Northern Ireland) Order 1981(10) which has effect immediately before the commencement of these regulations to grant planning permission shall, on and after that date cease to have effect to grant such permission for—

(a) Schedule 1 development; or

(b) Schedule 2 development unless the Department has made a determination that the proposed development is not EIA development.

(2) Paragraph (1) shall not affect the completion of any development begun before the commencement of these regulations.

Restrictions on the grant of permission by simplified planning zone schemes and enterprise zone schemes

30.  After the commencement of these regulations—

(a) an order adopting a simplified planning zone scheme under Article 14 or alteration of such a scheme under Article 17;

(b) an order designating an enterprise zone under the Enterprise Zones (Northern Ireland) Order 1981 and the modification in relation to an approved enterprise zone under that Order,

shall not grant planning permission for—

(i) Schedule 1 development; or

(ii) Schedule 2 development unless the Department has made a determination that the development is not EIA development.

Development Orders

31.  A development order under Article 13 made after the commencement of these regulations shall not grant planning permission for—

(a) Schedule 1 development; or

(b) Schedule 2 development unless the Department has made a determination that the development is not EIA development.

Part IX Miscellaneous

Amendment to the Planning (Use Classes) Order (Northern Ireland) 1989

32.  In article 3(5) (use classes) of the Planning (Use Classes) Order (Northern Ireland) 1989(11), after sub-paragraph (k) insert “(l) as a waste disposal installation for the incineration, chemical treatment (as defined in Annex IIA to Directive 75/442/EEC(12) under heading D9), or landfill of waste (that is to say, waste to which Directive 91/689/EEC(13) applies).”.

Amendment to the General Development Order

33.  The Planning (General Development) Order (Northern Ireland) 1993(14) shall be amended as follows—

(a) in article 2 (interpretation) after the definitions of—

(i) “the 1991 Order” insert ““the EIA Regulations” means the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999;”;

(ii) “dwellinghouse” insert ““EIA development” has the meaning assigned to it by regulation 2 of the EIA Regulations;”; and

(iii) “satellite antenna” insert ““sensitive area” has the meaning assigned to it in regulation 2 of the EIA Regulations.”.

(b) in article 3 (permitted development) for paragraph (8), substitute—

“(8) Schedule 1 does not grant planning permission for—

(a) development within the meaning of Schedule 1 to the EIA Regulations; or

(b) development of a description mentioned in column 1 of the table in Schedule 2 to the EIA Regulations; where—

(i) any part of the development is to be carried out in a sensitive area; or

(ii) any threshold or criterion mentioned in column 2 of the table in Schedule 2 to the EIA Regulations as applicable to development of that description is respectively exceeded or met in relation to that development,

unless the Department has given a determination pursuant to regulation 5 of the EIA Regulations that the proposed development is not EIA development.”.

Availability of information in relation to determinations, opinions, decisions, etc.

34.  The Department shall make available for public inspection at all reasonable hours at the place where—

(1) a register pursuant to article 18 of the General Development Order is kept, a copy of—

(a) any determination or opinion given pursuant to regulation 6(1) or 9(1), notification under regulation 9(3), or determination confirmed or amended under regulation 35(2) together with the accompanying statement of reasons, the relevant request and the documents which accompanied it;

(b) any environmental statement, or further information received under these regulations; and

(c) where environmental information has been taken into consideration in determining an application or appeal, a statement containing—

(i) the content of the decision and any conditions attached thereto;

(ii) the main reasons and considerations on which the decision is based; and

(iii) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development.

(2) a register pursuant to article 20 of the General Development Order is kept, a copy of—

(a) every regulation 22 notice served by the Department;

(b) every determination made by the Department in accordance with regulation 22(2) or notice confirmed or amended under regulation 35(2) in respect of a deemed application under Part VII;

(c) every environmental statement or additional information received by the Department by virtue of regulation 25(1); and

(d) every notice received by the Department under regulation 26(4).

(3) a register kept pursuant to article 22 of the General Development Order is kept, a copy of any direction given by the Department pursuant to regulation 3.

Hearing by the Commission in relation to the Department’s determination

35.—(1) Where a person seeks a hearing before the Commission under regulations 6(10), 9(6) or 22(5) it shall afford that person the opportunity of appearing before and being heard by the Commission.

(2) Where a hearing is held, the Department shall consider the report of the Commission and may confirm, amend or withdraw its determination.

Appeals to the Commission for developments for which an environmental statement is required

36.  An appeal to the Commission under Article 32 or 33 in respect of an EIA application shall be accompanied by a copy of the statement which was submitted to the Department and where the Commission requires further information the provisions of regulation 15 shall apply as if the reference to “the Department” was omitted and the word “appellant” was substituted for the word “applicant”.

Revocations

37.  The Statutory rules listed in Schedule 5 are hereby revoked.

Sealed with the Official Seal of the Department of the Environment on

L.S.

C. Smith

Assistant Secretary

23rd February 1999.