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

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(1), 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(2) under heading D9), or landfill of waste (that is to say, waste to which Directive 91/689/EEC(3) applies).”.

Amendment to the General Development Order

33.  The Planning (General Development) Order (Northern Ireland) 1993(4) 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.

(1)

S.R. 1989 No. 290 as amended by S.R. 1993 No. 277; S.R. 1993 No. 462

(2)

O.J. No. L194, 25.7.75, p. 39. Council Directive 75/442/EEC was amended by Council Directive 91/156/EEC (O.J. No. L78, 26.3.91, p. 32 and by Commission Decision 94/3/EC (O.J. No. L5, 7.1.94, p. 15)

(3)

O.J. No. L337, 31.12.91, p. 20. Council Directive 91/689/EEC was amended by Council Directive 94/31/EC (O.J. No. L168, 2.7.94, p. 28)

(4)

S.R. 1993 No. 278 as amended by S.R. 1995 No. 356; S.R. 1998 No. 222