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

PART 4 Procedures 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.