The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015

Subsequent applications made to the council where environmental information previously provided

12.—(1) This regulation applies where it appears to the council 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 council 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 council 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 23(1).