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

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.