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

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The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015, Section 5 is up to date with all changes known to be in force on or before 20 September 2019. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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  • Sch. 1 para. 23 words inserted by S.I. 2018/1235 reg. 5(5)(a) (S.R. 2015/74 is already revoked except for regs. 45(3)(4) by S.R. 2017/83, reg. 48(1) subject to savings in reg. 48(2)-(4))
  • Sch. 1 para. 24 words inserted by S.I. 2018/1235 reg. 5(5)(b) (S.R. 2015/74 is already revoked except for regs. 45(3)(4) by S.R. 2017/83, reg. 48(1) subject to savings in reg. 48(2)-(4))

Confirmation that development is EIA developmentF1F2F3N.I.

This section has no associated Explanatory Memorandum

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 council or by the Department, or following a hearing by the Commission, confirmation by the council or by the Department, that the development is EIA development.

Appeals under Article 32 or Article 33

5A.(1) Where an appeal is made to the Commission under Article 32 or 33 of the 1991 Order, the functions conferred on the council or on the Department by Part III to Part VI of these Regulations shall be exercisable by the Commission in respect of that appeal.

(2) For the purposes of paragraph (1), regulation 9 (6) shall be amended as follows—

(6) An appellant receiving a notification pursuant to paragraph (3) shall, within 4 weeks from the date of the determination, inform the Commission, in writing, that he—

(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 9 (7A) 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 9(7), 9(8) and 15(2A) shall not have effect.

F21972 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)

F3O.J. No.L 26. 28.1.2012, p.1

Non-textual amendments applied to the whole Legislation can be found in the Introduction

F21972 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)

F3O.J. No.L 26. 28.1.2012, p.1

Non-textual amendments applied to the whole Legislation can be found in the Introduction

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