The Planning (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2008

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 (“the 1999 Regulations”). The Regulations give effect to Article 3 of Directive 2003/35/EC of the European Parliament of the Council of 26 May 2003 (O.J. L 156, 25.6.2003, p17) (“the Directive”) in so far as it affects public participation in the decision making process for applications and appeals relating to development for which environmental impact assessment is required. The Directive provides for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amends with regard to public participation and access to justice Council Directive 85/337/EEC (O.J. L 175, 5.7.1985, p40) as amended by Directive 97/11/EC (O.J. L 73, 14.3.1997, p5) and 96/61/EC (O.J. L 257, 10.10. 1996).

Regulation 3 substitutes “EEA state” for “Member State” on every occasion where it occurs in the 1999 Regulations.

Regulation 4 inserts definitions of “EEA agreement” and “EEA state” and makes amendments to the definitions of “environmental information” and “exempt development”. It also inserts new definitions of “local advertisement” which provides another means of publicity using electronic means; “any other information”, to apply to information other than that contained in the environmental statement and further information; and “any particular person”, which includes non-governmental organisations that promote environmental protection.

Regulation 5 sets out the circumstances in which the Department may direct that a particular proposed development is exempted from the application of these regulations.

Regulation 10 inserts a provision requiring the Department to notify persons and environmental organisations likely to be affected by, or having an interest in, the application.

Regulation 11 (d) extends the requirements in relation to further information to any other information provided by the applicant relating to the environmental statement.

Regulation 12 amends regulation 17 and requires more extensive notification of decisions and information to be provided on the right to challenge the decision.

Regulations 13 and 14 extend the public information requirements in respect of projects located within Northern Ireland that are likely to have significant effects on the environment of another EEA state, and for projects in another EEA state that are likely to have significant effects on the environment in Northern Ireland.

Regulation 15 (b) inserts a provision for persons and environmental organisations likely to be affected by, or having an interest in, unauthorised development to be notified.

Regulation 16 inserts provisions in relation to publicity arrangements for environmental statements and decisions.

Regulation 17 extends the public information requirements in respect of the documents made available for inspection.

Regulations 19 and 20 amend Schedules 1 and 2 in line with the new category introduced into Annex 1 of the Directive. This new category of project is a change to or extension of a Schedule 1 project where the change or extension itself meets the Schedule 1 thresholds for that type of project.

The Regulations also contain a number of procedural amendments to the 1999 Regulations not related to Directive 2003/35/EC.

Regulation 6 provides the Commission with powers to exercise the functions conferred on the Department by Part III to Part VI of the 1999 Regulations, where an appeal has been submitted under Article 32 or 33 of the 1991 Order, and inserts consequential amendments.

Regulation 7 provides that following receipt of an opinion as to the content of an environmental statement, an applicant who wishes to proceed with the submission of such a statement must inform the Department accordingly, in writing, within 4 weeks of the date of the opinion.

Regulation 8 inserts a timescale for an applicant who proposes to seek a hearing before the Commission, following receipt of a notification under regulation 9 (3), to inform the Commission to such effect.

Regulation 9 inserts further provisions in respect of the date when an application was received to include, (i) in relation to applications falling within regulation 9 (1) where the Department has requested further information in order to make a determination under regulation 9 (2), the submission of that further information; and (ii) where evidence relating to the environmental statement has been requested, when that evidence was received.

Regulation 11(a) amends the heading of Regulation 15 to include evidence verifying information in the environmental statement.

Regulation 11 (b) removes “or the Commission” from paragraphs (1) and (2) of Regulation 15. This phrase is no longer necessary in light of the new regulation 5A (1).

Regulation 11 (c) provides that any further information and evidence requested by the Department under regulation 15 (1) and (2) must be submitted within a specified timescale.

Regulation 15 (c) inserts a timescale for a person who proposes to seek a hearing before the Commission under the provisions of regulation 22 (5), to inform the Commission to such effect.

Regulation 18 deletes Regulation 36 of the 1999 Regulations which is no longer necessary in light of regulation 5A(1).

A Regulatory Impact Assessment has been prepared in connection with these Regulations. A copy may be obtained from the Department of the Environment, Planning Service Headquarters, Millennium House, 17–25 Great Victoria Street, Belfast BT2 7BN (Tel: [phone]) or accessed at http://www.planningni.gov.uk/.