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The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012

Status:

This is the original version (as it was originally made).

This Statutory Rule has been printed in substitution of the SR of the same number and is being issued free of charge to all known recipients of that Statutory Rule.

Statutory Rules of Northern Ireland

2012 No. 59

Planning

The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012

Made

21st February 2012

Coming into operation

13th March 2012

The Department of the Environment is a designated(1) Department for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to the environment.

The Department of the Environment makes the following regulations in exercise of the powers conferred on it by that section.

PART 1General

Citation and commencement

1.  These Regulations may be cited as the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012 and shall come into operation on 13th March 2012.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954(3) shall apply to these Regulations as it applies to an Act of the Northern Ireland Assembly.

(2) In these Regulations—

“the 1991 Order” means the Planning (Northern Ireland) Order 1991(4) and references to Articles are references to Articles of that Order;

“any other information” means any other substantive information relating to the environmental statement and provided by the applicant or the appellant as the case may be;

“any particular person” includes any non–governmental organisation promoting environmental protection;

“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(5);

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

“EEA agreement” means the agreement on the European Economic Area signed at Oporto on 2nd May 1992, together with the Protocol adjusting that Agreement signed at Brussels on 17th March 1993, as modified or supplemented immediately prior to the commencement of these Regulations;

“EEA state” means:—

(a)

a state which is a member state; or

(b)

any other state which is a party to the EEA agreement;

“EIA application” means—

(a)

an application for planning permission for EIA development; or

(b)

a subsequent application in respect of EIA development;

“EIA development” means development which is either—

(a)

Schedule 1 development; or

(b)

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

“electronic communication” has the meaning assigned to it by section 4 of the Electronic Communications Act (Northern Ireland) 2001;

“environmental information” means the environmental statement, including any further information and any other 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 1 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 2 of Schedule 4;

“exempt development” means development in respect of which the Department has made a direction under regulation 3(1)(b);

“further information” has the meaning given to it in regulation 19(1);

“the General Development Order” means the Planning (General Development) Order (Northern Ireland) 1993(6);

“the land” means the land on which the development would be carried out or, in relation to development already carried out, has been carried out;

“local advertisement”, in relation to a notice, means—

(a)

by publication of the notice in at least one newspaper circulating in the locality in which the land to which the application or appeal relates is situated; and

(b)

where the Department or the Commission maintain a website for the purpose of advertisement of applications, by publication of the notice on the website;

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

“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 28 of the Environment (Northern Ireland) Order 2002(7);

(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(8);

(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 the World Cultural and Natural Heritage(9);

(e)

a scheduled monument within the meaning of the Historic Monuments and Archaeological Objects (Northern Ireland) Order 1995(10);

(f)

a European site within the meaning of regulation 9 of the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995(11).

“subsequent application” means an application for approval of a matter where the approval—

(a)

is required by or under a condition to which a planning permission is subject; and

(b)

must be obtained before all or part of the development permitted by the planning permission may be begun;

“subsequent consent” means consent granted pursuant to a subsequent application.

(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 that 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.

(5) In these Regulations any references to a Council Directive is a reference to that Directive as amended immediately prior to the commencement of the Regulations.

(6) In these Regulations, and in relation to the use of electronic communications or electronic storage for any purpose of these Regulations which is capable of being effected electronically—

(a)the expression “address” includes any number or address used for the purpose of such communications except that where these Regulations impose any obligation on any person to provide a name and address to any other person, the obligation shall not be fulfilled unless the person on whom it is imposed provides a postal address;

(b)references to plans, notices or other documents or to copies of such things include references to such documents or copies of them in electronic form.

(7) Paragraphs (8) to (11) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any statement, notice or other document to any other person (“the recipient”).

(8) The requirement shall (except in the case of service of a notice under regulation 26) be taken to be fulfilled where the notice or other document transmitted by means of electronic communication is—

(a)capable of being accessed by the recipient;

(b)legible in all material respects; and

(c)sufficiently permanent to be used for subsequent reference.

(9) In paragraph (8), “legible in all material respects” means that the information contained in the notice or document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

(10) Where the electronic communication is received by the recipient outside the recipient’s business hours, it shall be taken to have been received on the next working day; and for this purpose “working day” means a day which is not a Saturday, Sunday or a public holiday.

(11) A requirement in these Regulations that any application, notice or other document should be in writing is fulfilled where the document meets the criteria in paragraph (8).

Directions

3.—(1) 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 without prejudice to Article 7 of the Directive), that a specific development is exempted in whole or in part from these Regulations.

(2) Where a direction is given under paragraph (1)(b) the Department shall—

(a)make available to the public the information considered in making the direction and the reasons for making the direction;

(b)consider whether another form of assessment would be appropriate; and

(c)take such steps as are considered appropriate to bring the information obtained under the other form of assessment to the attention of the public.

Prohibition on the grant of planning permission or subsequent consent without consideration of environmental information

4.—(1) This regulation applies—

(a)to every application for planning permission for EIA development received by the Department on or after the commencement of these Regulations; and

(b)to every subsequent application in respect of EIA development received by the Department on or after the commencement of these Regulations

and for the purposes of this paragraph, the date of receipt of an application by the Department shall be determined in accordance with Article 11 (time periods for decisions) of the General Development Order as applied by regulation 14.

(2) The Department or the Commission, as the case may require, shall not grant planning permission or subsequent consent pursuant to an application to which this regulation applies unless they have first taken the environmental information into consideration, and they shall state in their decision that they have done so.

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.

Appeals under Article 32 or Article 33 of the 1991 Order

6.—(1) Where an appeal is made to the Commission under Article 32 (appeals) or 33 (appeal in default of planning decision), the functions conferred on the Department by Part 3 to Part 6 of these Regulations shall be exercisable by the Commission in respect of that appeal.

(2) For the purposes of paragraph (1), regulation 13(3) shall have effect as if substituted by the following provision—

An appellant receiving a notification pursuant to paragraph (1) shall, within 4 weeks from the date of the determination, inform the Commission, in writing, that the appellant—

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

(b)does not accept the Commission’s determination.

(3) For the purposes of paragraph (1), regulation 13(5) does not apply.

(4) For the purposes of paragraph (1), the phrase “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)” contained in regulation 13(4), 13(6) and 19(3) shall not have effect.

PART 2Pre–Application Procedures

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

7.—(1) Subject to paragraphs (2) to (4), before applying for planning permission or subsequent consent 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)(a) or (1)(b) in respect of planning permission 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) A request under paragraph (1)(a) or (1)(b) in respect of subsequent consent shall be accompanied by—

(a)a plan sufficient to identify the land;

(b)sufficient information to enable the Department to identify any planning permission granted for the development in respect of which a subsequent application has been made;

(c)an explanation of the likely effects on the environment which were not identified at the time that the planning permission was granted; and

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

(5) Subject to paragraph (6), 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.

(6) 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.

(7) Subject to paragraph (10), 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.

(8) 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.

(9) If, in response to a request under paragraph (1)(a), the Department, having taken into account the selection criteria, is of the opinion that an application would not be an EIA application, it shall, if requested to do so, make available the reasons for that conclusion.

(10) Where the Department gives a determination under paragraph (8) 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 (8) or such longer period as may be agreed in writing with the applicant.

(11) 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.

(12) Where, following receipt of an opinion under paragraph (10), an applicant wishes to proceed with the submission of an environmental statement, the applicant shall by notice in writing inform the Department to such effect within 4 weeks of the date of the opinion.

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

(a)accepts the Department’s determination under paragraph (8) 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.

(14) The notice referred to in paragraph (13) shall be served on the Department within 4 weeks of the date of the determination.

(15) 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 3Preparation of Environmental Statements

Procedure to facilitate preparation of environmental statements

8.—(1) A developer may give the Department notice in writing under this paragraph that the developer 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 the 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 7(13)(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 9(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

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

(2) Any body which receives a request for information under paragraph (1) shall treat it as a request for information under regulation 5(1) of the Environmental Information Regulations 2004(12).

PART 4Procedures on Receipt of Application

Applications which appear to require determination as to need for environmental impact assessment

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

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

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

(c)the application 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 under paragraph (1) it shall notify the applicant of the particular points on which it requires further information.

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

(4) 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.

Subsequent applications where environmental information previously provided

11.—(1) This regulation applies where it appears to the Department that—

(a)an application which is before it for determination—

(i)is a subsequent application in relation to Schedule 1 or Schedule 2 development;

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

(iii)is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations; and

(b)the original application was accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations.

(2) Where it appears to the Department that the environmental information already before it is adequate to assess the environmental effects of the development, it shall take that information into consideration in its decision for subsequent consent.

(3) Where it appears to the Department that the environmental information already before it is not adequate to assess the environmental effects of the development, it shall serve a notice seeking further information in accordance with regulation 19(1).

Subsequent applications where environmental information not previously provided

12.—(1) Where it appears to the Department that—

(a)an application—

(i)is a subsequent application in relation to Schedule 1 or Schedule 2 development;

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

(iii)is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations; and

(b)the original application was 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 under paragraph (1) it shall notify the applicant of the particular points on which it requires further information.

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

(4) 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.

Application made to the Department without an environmental statement

13.—(1) Where an EIA application, including an application determined as such under regulation 10 or 12, 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.

(2) The Department shall notify the applicant in accordance with paragraph (1) within 4 weeks from the date of receipt of the application or such longer period as may be agreed in writing with the applicant.

(3) An applicant receiving a notification pursuant to paragraph (1) shall, within 4 weeks from the date of the determination, inform the Department, in writing, that the applicant—

(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.

(4) If the applicant does not inform the Department in writing in accordance with paragraph (3), the permission or subsequent consent 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).

(5) Where, following receipt of a notification pursuant to paragraph (1), an applicant proposes to seek a hearing before the Commission, the applicant shall by notice in writing inform the Commission to such effect within 4 weeks from the date of the notification.

(6) 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 for planning permission or subsequent 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).

(7) 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 or subsequent application is to be determined shall be calculated from the date of notice to the applicant of the Department’s withdrawal.

(8) Where the Department makes a determination under regulation 10(1) or 12(1) that an environmental statement is required or confirms a determination under paragraph (6), regulations 8(3) and 9 shall apply.

Extension of the period for Department’s decision on an application for planning permission or subsequent application

14.  Where an application for planning permission or subsequent application is an EIA application, Articles 11 and 12 of the General Development Order shall have effect as if—

(a)for the reference in paragraph (2)(a) of Article 11 and in Article 12 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 Article 11 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

(bb)in the case of an application falling within regulation 10(1) or 12(1) where the Department has requested further information in order to make a determination under regulation 10(2) or 12(2), when that information was received; and

(bc)where evidence verifying information in the environmental statement has been requested, when that evidence was received; and; and

(c)the date when an application is received for the purposes of Article 12 were the date when each of the events referred to in Article 11(3) (ba) to (bc) has occurred in relation to that application.

Application of Article 31 of the 1991 Order

15.  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 (special procedure for 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 14 has taken place.

PART 5Publicity

Publicity where an environmental statement is submitted

16.  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 application for planning permission or subsequent application by local advertisement, 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—

(i)the application for planning permission or subsequent application is accompanied by an environmental statement; and,

(ii)in the case of a subsequent application, that a copy of the planning permission and supporting documents for the development in respect of which the application has been made may be inspected by members of the public at all reasonable hours at the relevant office of the Department;

(c)give in the notice, a postal 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; and

(d)where it is aware of any particular person who is or is likely to be affected by, or has an interest in, the application for planning permission or subsequent application, and who is unlikely to become aware of it by means of a local advertisement, send a notice to such person containing the details set out in paragraphs (a) – (c) and the address of the relevant office of the Department.

Availability of copies of environmental statement

17.  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 16(c); and

(b)provide the Department with sufficient copies of it, or parts of it, to enable the Department to comply with regulation 18 and 3 additional copies.

Consultation where environmental statement submitted

18.—(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 8(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 or subsequent application.

Further information and evidence relating to environmental statement

19.—(1) Where the applicant has submitted a statement which he refers to as an environmental statement and the Department is of the opinion that the statement should contain further information in order to be an environmental statement, it shall require the applicant, by notice in writing, to submit such further information.

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

(3) On receipt of a request under paragraphs (1) and (2) the applicant shall submit the further information or evidence within three months from the date of the request 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).

(4) Subject to paragraph (6), regulations 16 to 18 shall apply where such further information and any other information is received by the Department, as if references to “environmental statement” were references to “further information and any other information”.

(5) Subject to paragraph (6), where information is requested under paragraph (1) or any other information is received by the Department, it shall suspend determination of the application and shall not determine it before the expiry of the period of four weeks after the date on which notice of that information was published under regulation 16, or the expiry of the period of notice given to bodies consulted about that information under regulation 18, whichever is the latest.

(6) Paragraphs (4) and (5) shall not apply to further information and any other information provided for the purposes of a public local inquiry or hearing held under Article 31 (special procedure for major planning applications).

(7) Where a public local inquiry or hearing is to be held under Article 31 in relation to an EIA application, the Department shall, not less than four weeks before the inquiry or hearing is to be held, publish notice of it by local advertisement.

(8) Every notice published pursuant to paragraph (7) shall contain:

(a)a clear statement of the date, time and place of the inquiry or hearing;

(b)details of where and when copies of any information provided for the purposes of the inquiry or hearing may be inspected and, where practicable, copied by the public.

(9) Where a public local inquiry or hearing is to be held under Article 31 in relation to an EIA application the Commission shall, not less than four weeks before the inquiry or hearing is to be held, afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any information provided for the purposes of the inquiry or hearing.

(10) For the purposes of paragraph (9), an opportunity is to be taken as having been afforded to a person where the person is notified of—

(a)publication on the Commission’s website of any information provided for the purposes of the inquiry or hearing;

(b)the address of that website; and

(c)the place on the website where that information may be accessed, and how it may be accessed.

Charges

20.—(1) A reasonable charge reflecting the cost of printing and distribution of an environmental statement, part of it, or further information or any other information, may be made by the developer in respect of copies made available under regulation 17(a).

(2) A body entering into consultation pursuant to regulation 9, 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

21.—(1) Where an EIA application is determined, the Department shall inform the public of the decision by local advertisement 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 to it;

(ii)the main reasons and considerations on which the decision was based including, if relevant, information about the participation of the public;

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

(iv)information regarding the right to challenge the validity of the decision and the procedures for doing so.

(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 6Development likely to Affect Other EEA states

Development in Northern Ireland likely to have significant effects on the environment in another EEA state

22.—(1) Where—

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

(b)another EEA 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 EEA state and giving an address at which further information may be obtained;

(ii)send to the EEA 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 EEA 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 EEA state; and

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

(3) Where an EEA 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 EEA state—

(a)a copy of the application concerned;

(b)a copy of any planning permission relating to the development;

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

(d)relevant information regarding the procedure under these Regulations,

unless that information has already been provided to the EEA 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) and any further information and any other information 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 EEA state likely to be significantly affected; and

(b)ensure that those authorities and the public concerned are given an opportunity, before planning permission or subsequent consent 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 EEA state concerned regarding, amongst other things, the potential significant effects of the development on the environment of that EEA state and the measures envisaged to reduce or eliminate such effects; and

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

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

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

(b)the main reasons and considerations on which the decision is based including, if relevant, information about the participation of the public; 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 EEA state likely to have significant transboundary effects

23.—(1) Where the Department receives from another EEA state pursuant to Article 7.1 or 7.2 of the Directive information which the EEA state has gathered from the developer of a proposed project in that EEA 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 EEA state regarding amongst other things 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 EEA 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 EEA 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;

(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 EEA state, within a reasonable time, their opinion on the information supplied; and

(c)so far as it has received such information, notify those authorities and the public concerned of the content of any decision of the competent authority of the relevant EEA state; and in particular—

(i)any conditions attached to it;

(ii)the main reasons and considerations on which the decision was based including, if relevant, information about the participation of the public; and

(iii)a description of the main measures to avoid, reduce and, if possible, offset any major adverse effects that have been identified.

PART 7Unauthorised Development

Interpretation of Part 7

24.  In this Part—

“deemed application” shall be construed in accordance with Article 71(5) (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

25.  The Commission shall not grant planning permission or subsequent consent 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.

26.—(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 26 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 29.

(3) The Department shall send a copy of the regulation 26 notice to—

(a)the Commission;

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

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

(d)any particular person of whom it is aware, who is likely to be affected by, or has an interest in, the regulation 26 notice.

(4) Where the Department serves the Commission with a copy of a regulation 26 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 26 notice with which they do not agree, that person may by notice in writing, within 4 weeks of the service of the enforcement notice, inform the Department that they propose to seek a hearing before the Commission.

(6) Where, in relation to paragraph (5), a person proposes to seek a hearing before the Commission, that person shall by notice in writing, inform the Commission to such effect within 4 weeks of the service of the enforcement notice.

Time period for submission of environmental statement

27.  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

28.—(1) Subject to paragraph (2), any person on whom a copy of a regulation 26 notice is served pursuant to regulation 26(3)(b) to (d) (“the consultee”) shall, if requested by the person on whom the regulation 26 notice was served, or may without such request, enter into consultation with that person to determine whether the consultee has in their possession any information which that person or the consultee 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 9(2) and 20(2) shall apply to information under paragraph (1) as they apply to information under regulation 9(1).

Procedure where the Commission receives an environmental statement

29.—(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 26 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

30.—(1) Regulation 19(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 29 (procedure where the Commission receives an environmental statement) and 31 (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

31.—(1) Where the Commission receives a copy of an environmental statement, or a statement submitted by the appellant referred to as an environmental statement either of which is accompanied by further information and any other information, in connection with an enforcement appeal it shall publish by local advertisement a notice stating—

(a)the name of the appellant and that the appellant 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)sufficient information to enable any planning permission for the development to be identified;

(d)that a copy of the environmental statement and further information and any other information may be inspected by members of the public at all reasonable hours;

(e)an address in the locality at which the statement and further information and any other information 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;

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

(g)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 21 (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 4 of the 1991 Order.

Involvement of other EEA states

32.  Regulation 22 (development in Northern Ireland likely to have significant effects on the environment in another EEA state) shall have effect as if—

(a)for regulation 22 (1)(a) there were substituted—

(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 EEA state, it shall notify the Department; and;

(b)in regulation 22(1)(i) the word “proposed” was omitted;

(c)in regulation 22(3)(a) the words “a copy of the application concerned” were replaced by the words “a description of the development concerned”; and

(d)in regulation 22(3)(c) the words “that application” were replaced by the words “the deemed application under Article 71(5)”.

PART 8Permission in Enterprise and Simplified Planning Zones and Permission Granted by Development Orders

Restrictions on grant of permission by old enterprise zone schemes

33.—(1) Any Order designating an enterprise zone or adoption of a modified scheme(13) under the Enterprise Zones (Northern Ireland) Order 1981(14) 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

34.  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

35.  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 9Miscellaneous

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

36.  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 7(1), 10(1) or 12(1), notification under regulation 13(1), or determination confirmed or amended under regulation 37(2) together with the accompanying statement of reasons, the relevant request and the documents which accompanied it;

(b)any environmental statement and further information and any other information received under these Regulations; and

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

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

(ii)the main reasons and considerations on which the decision is based including, if relevant, information about the participation of the public;

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

(iv)information regarding the right to challenge the validity of the decision and the procedures for doing so.

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

(a)every regulation 26 notice served by the Department;

(b)every determination made by the Department in accordance with regulation 26(2) or notice confirmed or amended under regulation 37(2) in respect of a deemed application under Part 7;

(c)every environmental statement or additional information received by the Department by virtue of regulation 29(1); and

(d)every notice received by the Department under regulation 30(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(1)(a) and (b), and any information obtained under regulation 3(2).

(4) Where the registers kept under this regulation are kept using electronic storage, the Department may make the registers available for inspection by the public on a website maintained by the Department for that purpose.

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

37.—(1) Where a person seeks a hearing before the Commission under regulations 7(13), 13(3) or 26(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.

Use of electronic communications

38.—(1) Paragraph (2) applies where a person uses electronic communications to make an application under regulation 7 (pre–application determination as to the need for environmental impact assessment and opinion as to content of environmental statement), and except where a contrary intention appears, the applicant shall be taken to have agreed—

(a)to the use of electronic communications for all purposes relating to the application which is capable of being effected using such communications;

(b)that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application;

(c)that the person’s deemed agreement under this paragraph shall subsist until the person gives notice in writing that the person wishes to revoke the agreement and such withdrawal or revocation shall be final and shall take effect on a date specified by the person in the notice but not less than seven days after the date on which the notice is given.

(2) In paragraphs (3)(a) and 4(a) of regulation 7 the requirement for the application to be accompanied by a plan sufficient to identify the land to which the application relates is satisfied where the applicant identifies the land on an electronic map provided by the Department and for this purpose a map is taken to be provided where the Department has published it on its website.

Application to the Crown

39.  These Regulations shall apply to the Crown.

Revocation, transitional and savings provisions

40.—(1) The regulations listed in Schedule 5 are revoked to the extent shown in that Schedule.

(2) Subject to paragraph (3), nothing in paragraph (1) shall affect the continued application of the Regulations revoked by paragraph (1) in relation to—

(a)any application received by the Department before the commencement of these Regulations;

(b)any appeal in relation to an application under paragraph (a);

(c)any matter in relation to which the Department has before that date issued an enforcement notice under Article 68

(3) Regulation 19 shall apply to further and any other information provided to the Commission on or after the commencement of the Regulations for the purposes of a public local inquiry or hearing held under Article 31 in respect of an EIA application received by the Department prior to the commencement of the Regulations as regulation 19 applies to further and any other information provided to the Department for those purposes in respect of an EIA application received by the Department on or after the commencement of the Regulations.

Consequential amendments

41.  The regulations in Schedule 6 are amended to the extent shown in that Schedule.

Sealed with the Official Seal of the Department of the Environment on 21st February 2012

Legal seal

Angus Kerr

A senior officer of the

Department of the Environment

Regulation 2(2)

SCHEDULE 1Descriptions of development for the purposes of the definition of “Schedule 1 development”

Interpretation

In this Schedule—

“airport” means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14)(15);

“express road” means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15 November 1975(16);

“nuclear power station” and “other nuclear reactor” do not include an installation from the site of which all nuclear fuel and other radioactive contaminated materials have been permanently removed; and development for the purpose of dismantling or decommissioning a nuclear power station or other nuclear reactor shall not be treated as development of the description mentioned in paragraph 2(b) of this Schedule.

Descriptions of development

The carrying out of development to provide any of the following—

1.  Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

2.   

(a)Thermal power stations and other combustion installations with a heat output of 300 megawatts or more; and

(b)Nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

3.   

(a)Installations for the reprocessing of irradiated nuclear fuel.

(b)Installations designed—

(i)for the production or enrichment of nuclear fuel,

(ii)for the processing of irradiated nuclear fuel or high-level radioactive waste,

(iii)for the final disposal of irradiated nuclear fuel,

(iv)solely for the final disposal of radioactive waste,

(v)solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

4.   

(a)Integrated works for the initial smelting of cast-iron and steel;

(b)Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

5.  Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos—

(a)for asbestos–cement products, with an annual production of more than 20,000 tonnes of finished products;

(b)for friction material, with an annual production of more than 50 tonnes of finished products; and

(c)for other uses of asbestos, utilisation of more than 200 tonnes per year.

6.  Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are—

(a)for the production of base organic chemicals;

(b)for the production of basic inorganic chemicals;

(c)for the production of phosphorous–, nitrogen– or potassium–based fertilisers (simple or compound fertilisers);

(d)for the production of basic plant health products and of biocides;

(e)for the production of basic pharmaceutical products using a chemical or biological process;

(f)for the production of explosives.

7.   

(a)Construction of lines for long–distance railway traffic and of airports with a basic runway length of 2,100 metres or more;

(b)Construction of motorways and express roads;

(c)Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road would be 10 kilometres or more in a continuous length.

8.   

(a)Inland waterways and ports for inland–waterway traffic which permit the passage of vessels of over 1,350 tonnes;

(b)Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

9.  Waste disposal installations for the incineration, chemical treatment (as defined in Annex I to Directive 2008/98/EC), of the European Parliament and of the Council on waste and repealing certain directives(17), under heading D9) or landfill of hazardous waste (as defined in regulation 6 of the Hazardous Waste Regulations (Northern Ireland) 2005)(18).

10.  Waste disposal installations for the incineration or chemical treatment (as defined in Annex I to Directive 2008/98/EC under heading D9) of non-hazardous waste with a capacity exceeding 100 tonnes per day.

11.  Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.

12.   

(a)Works for the transfer of water resources, other than piped drinking water, between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year;

(b)In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the multi-annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5% of this flow.

13.  Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2 point (6) of Directive 91/271/EEC(19).

14.  Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas.

15.  Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.

16.  Pipelines with a diameter of more than 800 millimetres and a length of more than 40 kilometres:

–for the transport of gas, oil or chemicals, or

–for the transport of carbon dioxide streams for the purposes of geological storage, including associated booster stations.

17.  Installations for the intensive rearing of poultry or pigs with more than—

(a)85,000 places for broilers or 60,000 places for hens;

(b)3,000 places for production pigs (over 30 kg); or

(c)900 places for sows.

18.  Industrial plants for—

(a)the production of pulp from timber or similar fibrous materials;

(b)the production of paper and board with a production capacity exceeding 200 tonnes per day.

19.  Quarries and open–cast mining where the surface of the site exceeds 25 hectares, or peat extraction where the surface of the site exceeds 150 hectares.

20.  Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 kilometres.

21.  Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more.

22.  Any change to or extension of development listed in this Schedule where such a change or extension itself meets the thresholds, if any, or description of development set out in this Schedule.

23.  Storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide(20).

24.  Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to Directive 2009/31/EC from installations covered by this Schedule, or where the total yearly capture of carbon dioxide is 1.5 megatonnes or more.

Regulation 2(2)

SCHEDULE 2Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”

1.  In the Table below—

“area of the works”, includes any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for construction or installation;

“floorspace”, means floorspace in a building or buildings;

“waterway” and “underground strata” have the meanings assigned to them by Article 2(2) of the Water (Northern Ireland) Order 1999(21).

2.  The Table below sets out the descriptions of development and applicable thresholds and criteria for the purposes of classifying development as Schedule 2 development.

Column 1

Description of development

Column 2

Applicable thresholds and criteria

The carrying out of development to provide any of the following—

1.  Agriculture and aquaculture

(a)

Projects for the use of uncultivated land or semi–natural areas for intensive agricultural purposes;

The area of the development exceeds 0.5 hectare.
(b)

Water management projects for agriculture, including irrigation and land drainage projects;

The area of the works exceeds 1 hectare.
(c)

Intensive livestock installations (unless included in Schedule 1);

The area of floorspace exceeds 500 square metres.
(d)

Intensive fish farming;

The installation resulting from the development is designed to produce more than 10 tonnes of dead weight fish per year.
(e)

Reclamation of land from the sea.

All development.

2.  Extractive industry

(a)

Quarries, open–cast mining and peat extraction (unless included in Schedule 1);

(b)

Underground mining;

All development (except the construction of buildings or other ancillary structures where the floorspace does not exceed 1,000 square metres).
(c)

Extraction of minerals by fluvial or marine dredging;

All development.
(d)

Deep drillings, in particular—

(i)

geothermal drilling;

(ii)

drilling for the storage of nuclear waste material;

(iii)

drilling for water supplies;

with the exception of drillings for investigating the stability of the soil;

(i)

In relation to any type of drilling the area of the works exceeds 1 hectare; or

(ii)

in relation to geothermal drilling and drilling for the storage of nuclear waste material only, drilling is to be undertaken within 100 metres of any waterway or water in underground strata.

(e)

Surface industrial installations for the extraction of coal, petroleum, natural gas and ores, as well as bituminous shale.

The area of the development exceeds 0.5 hectare.

3.  Energy industry

(a)

Industrial installations for the production of electricity, steam and hot water (unless included in Schedule 1);

The area of the development exceeds 0.5 hectare.
(b)

Industrial installations for carrying gas, steam and hot water;

The area of the works exceeds 1 hectare.
(c)

Transmission of electrical energy by overhead cables (unless included in Schedule 1);

(i)

The nominal voltage of the electric line exceeds 33kV; and

(ii)

the purpose of the line is the provision of a supply to more than one consumer;

(iii)

where the modification of an existing line is proposed, it is outside the tolerances specified in the Overhead Lines (Exemption) Regulations (Northern Ireland) 1992 (S.R. 1992 No. 118).

(d)

Surface storage of natural gas;

(e)

Underground storage of combustible gases;

(f)

Surface storage of fossil fuels;

(i)

the area of any building, deposit or structure exceeds 500 square metres; or

(ii)

a building, deposit or structure is to be sited within 100 metres of any waterway or water in underground strata.

(g)

Industrial briquetting of coal and lignite;

The area of floorspace exceeds 1,000 square metres.
(h)

Installations for the processing and storage of radioactive waste (unless included in Schedule 1);

(i)

The area of floorspace exceeds 1,000 square metres; or

(ii)

the installation resulting from the development will require an authorisation or the variation of an authorisation under the Radioactive Substances Act 1993.

(i)

Installations for hydroelectric energy production;

The installation is designed to produce more than 0.5 megawatts.
(j)

Installations for the harnessing of wind power for energy production (wind farms).

(i)

the development involves the installation of more than 2 turbines; or

(ii)

the hub height of any turbine or height of any other structure exceeds 15 metres.

(k)

Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to Directive 2009/31/EC from installations not included in Schedule 1.

All development

4.  Production and processing of metals

(a)

Installations for the production of pig iron or steel (primary or secondary fusion) including continuous casting;

(b)

Installations for the processing of ferrous metals—

(i)

hot–rolling mills;

(ii)

smitheries with hammers;

(iii)

application of protective fused metal coats.

(c)

Ferrous metal foundries;

(d)

Installations for the smelting, including the alloyage, of non–ferrous metals, excluding precious metals, including recovered products (refining, foundry casting, etc.);

(e)

Installations for surface treatment of metals and plastic materials using an electrolytic or chemical process;

(f)

Manufacture and assembly of motor vehicles and manufacture of motor–vehicle engines;

(g)

Shipyards;

(h)

Installations for the construction and repair of aircraft;

(i)

Manufacture of railway equipment;

(j)

Swaging by explosives;

(k)

Installations for the roasting and sintering of metallic ores.

The area of floorspace exceeds 1,000 square metres.

5.  Mineral industry

(a)

Coke ovens (dry coal distillation);

(b)

Installations for the manufacture of cement;

(c)

Installations for the production of asbestos and the manufacture of asbestos-based products (unless included in Schedule 1);

(d)

Installations for the manufacture of glass including glass fibre;

(e)

Installations for smelting mineral substances including the production of mineral fibres;

(f)

Manufacture of ceramic products by burning, in particular roofing tiles, bricks, refractory bricks, tiles, stoneware or porcelain.

The area of floorspace exceeds 1,000 square metres.

6.  Chemical industry (unless included in Schedule 1)

(a)

Treatment of intermediate products and production of chemicals;

(b)

Production of pesticides and pharmaceutical products, paint and varnishes, elastomers and peroxides;

The area of floorspace exceeds 1,000 square metres.
(c)

Storage facilities for petroleum, petrochemical and chemical products.

(i)

The area of any building or structure exceeds 0.05 hectare; or

(ii)

more than 200 tonnes of petroleum, petrochemical or chemical products is to be stored at any one time.

7.  Food industry

(a)

Manufacture of vegetable and animal oils and fats;

(b)

Packing and canning of animal and vegetable products;

(c)

Manufacture of dairy products;

(d)

Brewing and malting;

(e)

Confectionery and syrup manufacture;

(f)

Installations for the slaughter of animals;

(g)

Industrial starch manufacturing installations;

(h)

Fish–meal and fish–oil factories;

(i)

Sugar factories.

The area of floorspace exceeds 1,000 square metres.

8.  Textile, leather, wood and paper industries

(a)

Industrial plants for the production of paper and board (unless included in Schedule 1);

(b)

Plants for the pre–treatment (operations such as washing, bleaching, mercerisation) or dyeing of fibres or textiles;

(c)

Plants for the tanning of hides and skins;

(d)

Cellulose–processing and production installations.

The area of floorspace exceeds 1,000 square metres.

9.  Rubber industry

Manufacture and treatment of elastomer–based products.The area of floorspace exceeds 1,000 square metres.

10.  Infrastructure projects

(a)

Industrial estate development projects;

(b)

Urban development projects, including the construction of shopping centres and car parks;

(c)

Construction of intermodal transshipment facilities and of intermodal terminals (unless included in Schedule 1);

The area of the development exceeds 0.5 hectare.
(d)

Construction of railways (unless included in Schedule 1);

The area of the works exceeds 1 hectare.
(e)

Construction of airfields (unless included in Schedule 1);

(i)

The development involves an extension to a runway; or

(ii)

the area of the works exceeds 1 hectare.

(f)

Construction of roads (unless included in Schedule 1);

The area of the works exceeds 1 hectare.
(g)

Construction of harbours and port installations, including fishing harbours (unless included in Schedule 1);

The area of the works exceeds 1 hectare.
(h)

Inland–waterway construction (unless included in Schedule 1), canalisation and flood–relief works;

(i)

Dams and other installations designed to hold water or store it on a long–term basis (unless included in Schedule 1);

(j)

Tramways, elevated and underground railways, suspended lines or similar lines of a particular type, used exclusively or mainly for passenger transport;

The area of the works exceeds 1 hectare.
(k)

Oil and gas pipeline installations and pipelines for the transport of carbon dioxide streams for the purposes of geological storage (unless included in Schedule 1);

(l)

Installations of long–distance aqueducts;

(i)

The area of the works exceeds 1 hectare; or,

(ii)

in the case of a gas pipeline, the installation has a design operating pressure exceeding 7 bar gauge.

(m)

Coastal work to combat erosion and maritime works capable of altering the coast through the construction, for example, of dykes, moles, jetties and other sea defence works, excluding the maintenance and reconstruction of such works;

All development.
(n)

Ground water abstraction and artificial ground water recharge schemes (unless included in Schedule 1);

(o)

Works for the transfer of water resources between river basins (unless included in Schedule 1).

The area of the works exceeds 1 hectare.

11.  Other projects

(a)

Permanent racing and test tracks for motorised vehicles;

The area of the development exceeds 1 hectare.
(b)

Installations for the disposal of waste (unless included in Schedule 1);

(i)

The disposal is by incineration; or

(ii)

the area of the development exceeds 0.5 hectare; or

(iii)

the installation is to be sited within 100 metres of any waterway or water in underground strata or, marine waters.

(c)

Waste–water treatment plants (unless included in Schedule 1);

The area of the development exceeds 1,000 square metres.
(d)

Sludge–deposition sites;

(e)

Storage of scrap iron, including scrap vehicles;

(i)

The area of the deposit or storage exceeds 0.5 hectare; or

(ii)

a deposit is to be made or scrap stored within 100 metres of any waterway or water in underground strata or, marine waters.

(f)

Test benches for engines, turbines or reactors;

(g)

Installations for the manufacture of artificial mineral fibres;

(h)

Installations for the recovery or destruction of explosive substances;

(i)

Knackers’ yards.

The area of floorspace exceeds 1,000 square metres.

12.  Tourism and leisure

(a)

Ski–runs, ski–lifts and cable–cars and associated developments;

(i)

The area of the works exceeds 1 hectare; or

(ii)

the height of any building or other structure exceeds 15 metres.

(b)

Marinas;

The area of the enclosed water surface exceeds 1,000 square metres.
(c)

Holiday villages and hotel complexes outside urban areas and associated developments;

(d)

Theme parks;

The area of the development exceeds 0.5 hectare.
(e)

Permanent camp sites and caravan sites.

The area of the development exceeds 1 hectare.

13.   

(a)

Any change to or extension of development of a description listed in paragraphs 1 to 12 of column 1 of this table, where that development is already authorised, executed or in the process of being executed.

(b)

Any change to or extension of development of a description listed in Schedule 1 (other than a change or extension falling within paragraph 22 of that Schedule) where that development is already authorised, executed or in the process of being executed.

The thresholds and criteria in the corresponding part of column 2 of this table applied to the development as changed or extended. are met or exceeded and in such a case the change or extension may have significant adverse effects on the environment;

The thresholds and criteria in column 2 of the paragraph of this table indicated below applied to the development as changed or extended are met or exceeded and in such a case the change or extension may have significant adverse effects on the environment.

Paragraph in

Schedule 1

Paragraph of

this table

16 (a)
2(a)3 (a)
2(b)3 (h)
33 (h)
44
55
66 (a)
7(a)10 (d) (in relation to railways) or 10 (e) (in relation to airports)
7(b) and (c)10 (f)
8(a)10 (h)
8(b)10 (g)
911 (b)
1011 (b)
1110 (n)
1210 (o)
1311 (c)
142 (e)
1510 (i)
1610 (k)
171 (c)
188 (a)
192 (a)
203 (c)
216 (c)
233 (k)
243 (k)
(c)

Development of a description mentioned in Schedule 1, undertaken exclusively or mainly for the development and testing of new methods or products and not used for more than two years.

All development

Regulation 2(2)–definitionof “selection criteria”

SCHEDULE 3Selection criteria referred to in Article 4.3 of the Directive

1.    Characteristics of development

The characteristics of development must be considered having regard, in particular, to—

(a)the size of the development;

(b)the cumulation with other development;

(c)the use of natural resources;

(d)the production of waste;

(e)pollution and nuisances;

(f)the risk of accidents, having regard in particular to substances or technologies used.

2.    Location of development

The environmental sensitivity of geographical areas likely to be affected by development must be considered, having regard, in particular, to—

(a)the existing land use;

(b)the relative abundance, quality and regenerative capacity of natural resources in the area;

(c)the absorption capacity of the natural environment, paying particular attention to the

following areas—

(i)wetlands;

(ii)coastal zones;

(iii)mountain and forest areas;

(iv)nature reserves and parks;

(v)areas classified or protected under EEA states’ legislation; areas designated by EEA states pursuant to Council Directive 2009/147/EC on the conservation of wild birds(22) and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(23);

(vi)areas in which the environmental quality standards laid down in Community legislation have already been exceeded;

(vii)densely populated areas;

(viii)landscapes of historical, cultural or archaeological significance.

3.    Characteristics of the potential impact

The potential significant effects of development must be considered in relation to criteria set out under paragraphs 1 and 2 above, and having regard in particular to—

(a)the extent of the impact (geographical area and size of the affected population);

(b)the transfrontier nature of the impact;

(c)the magnitude and complexity of the impact;

(d)the probability of the impact;

(e)the duration, frequency and reversibility of the impact.

Regulation 2 (2) – definitionof “environmental statement”

SCHEDULE 4Matters for Inclusion in Environmental Statement

PART 1

1.  Description of the development, including in particular—

(a)a description of the physical characteristics of the whole development and the land–use requirements during the construction and operational phases;

(b)a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

(c)an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed development.

2.  An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for his choice, taking into account the environmental effects.

3.  A description of the aspects of the environment likely to be significantly affected by the development, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

4.  A description of the likely significant effects of the development on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the development, resulting from:

(a)the existence of the development;

(b)the use of natural resources;

(c)the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the applicant or appellant of the forecasting methods used to assess the effects on the environment.

5.  A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.

6.  A non–technical summary of the information provided under paragraphs 1 to 5 of this Part.

7.  An indication of any difficulties (technical deficiencies or lack of know–how) encountered by the applicant or appellant in compiling the required information.

PART 2

1.  A description of the development comprising information on the site, design and size of the development.

2.  A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects.

3.  The data required to identify and assess the main effects which the development is likely to have on the environment.

4.  An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for his choice, taking into account the environmental effects.

5.  A non–technical summary of the information provided under paragraphs 1 to 4 of this Part.

Regulation 40(1)

SCHEDULE 5Revocations

TitleReferenceExtent of Revocation
The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999

S.R. 1999 No. 73

The whole of the Regulations
The Planning (Application of Subordinate Legislation to the Crown) Order (Northern Ireland) 2006

S.R. 2006 No. 218

Article 9
The Planning (Electronic Communications) Order (Northern Ireland) 2006S.R. 2006 No. 276Article 12 and Schedule 7
The Planning (Environmental Impact Assessment) (Amendment) Regulations (Northern Ireland) 2008

S.R. 2008 No. 17

The whole of the Regulations
The Planning (Environmental Impact Assessment) (Amendment No. 2) Regulations (Northern Ireland) 2008

S.R. 2008 No. 372

The whole of the Regulations

Regulation 41

SCHEDULE 6Consequential amendments

The Planning (General Development) Order (Northern Ireland) 1993

1.  The Planning (General Development) Order (Northern Ireland) 1993(24) is amended as follows.

2.  In Article 2 (interpretation) for the definition of “the EIA Regulations” substitute—

“the EIA Regulations” means the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2012;.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations consolidate with amendments the provisions of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 (“the 1999 Regulations”) and subsequent amending regulations. The 1999 Regulations consolidated and updated earlier regulations which implemented Council Directive 85/337/EEC O.J. No. L. 175, 5.7.1985, p 40 (“the EIA Directive”) on the assessment of the effects of certain public and private projects on the environment. The EIA Directive was amended by Directive 97/11/EC, (O.J. No. L 73, 14.3.1997, p.5); Directive 2003/35/EC, (O.J. No. L 156, 25.6.2003, p.17); and Directive 2009/31/EC, (O.J. No. 140, 5.6.2009, p.114).

These Regulations include provisions regarding the application of these Regulations to the Crown, which are similar to the provisions in Article 9 of the Planning (Application of Subordinate Legislation to the Crown) Order (Northern Ireland) 2006.(S.R. 2006 No. 218) (“the 2006 Order”), which applied the 1999 Regulations to the Crown. Article 9 of the 2006 Order is consequently revoked.

The main changes to the 1999 Regulations are:

(a)a requirement for the reasons for negative screening decisions to be made available on request (regulation 7(9))

(b)a limitation to the requirement for subsequent applications to be subject to the screening process to those cases where the development in question is likely to have significant effects on the environment which were not identified at the time that the initial planning permission was granted (regulation 11)

(c)an amendment to the provisions for publicity for further information or any other information received for the purposes of a public inquiry (regulation 19)

(d)Schedules 1 and 2 are amended to include sites for the storage of carbon dioxide (Schedule 1 paragraphs 23 and 24), installations for the capture of carbon dioxide streams for the purposes of geological storage and .pipelines for the transport of carbon dioxide streams for such purposes (Schedule 2 paragraphs 3(k).and 10(k)).. These amendments are required by the Directive on the Geological Storage of Carbon Dioxide (Directive 2009/31/EC)

(e)an amendment to the provisions relating to changes or extensions to existing development, so that the effects of the development as a whole once modified are considered (Schedule 2 paragraphs 13(a) and (b))

A Regulatory Impact Assessment has been prepared in relation to these Regulations. A copy may be obtained from the Department of the Environment, Planning Policy Division, Millennium House, 17-25 Great Victoria Street, Belfast, BT2 7BN (Tel: 028 90416967) or accessed at http://www.planningni.gov.uk/

(2)

1972 c. 68 The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51)

(5)

O.J. No. L 175, 5.7.1985, p. 40. Council Directive 85/337/EEC was amended by Council Directive 97/11/EC, O.J. No. L. 73, 14.3.1997, p.5; Directive 2003/35/EC of the European Parliament and of the Council, O.J. No. L. 156, 25.6.2003, p.17; and Directive 2009/31/EC of the European Parliament and of the Council, O.J. No. L. 140, 5.6.2009, p.114

(9)

See Command Paper 9424

(13)

See Article 19 of S.I. 1991/1220 (N.I. 11)

(15)

See Command Paper 6614

(16)

See Command Paper 6993

(17)

O.J. No. L312, 22.11.08, p.3.

(19)

O.J. No. L135, 30.5.91, p.40

(20)

O.J. No. L140, 5.6.2009, p.114

(22)

O.J. No. L 20,26.1.2010. p7

(23)

O.J. No. L206, 22.7.92, p.7

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