The Conservation (Natural Habitats, etc.) (Amendment) Regulations (Northern Ireland) 2007

Amendments to the Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995

24.  For regulation 56 (general development orders: determination by Department) substitute the following regulation—

“General development orders: approval of the Department

56.— (1) Where it is intended to carry out development in reliance upon a permission granted by a general development order, application may be made in writing to the Department for its approval for the commencement of the development.

(2) The application shall give details of the development which is intended to be carried out.

(3) The Department may request such further information from the applicant as it considers necessary to determine an application under this regulation.

(4) Where the Department receives an application under paragraph (1) it shall, if a European offshore marine site exists—

(a) forward that application to the Joint Nature Conservation Committee (“the Committee”); and

(b) request the opinion of the Committee on whether the development is likely to have a significant effect on a European offshore marine site (whether alone or in combination with other plans or projects).

(5) If, after consultation with the Committee or otherwise, the Department considers that the development is not likely to have such an effect as is mentioned in regulation 55(1)(a) it shall notify the applicant in writing of its approval for the commencement of the development.

(6) If, after consultation with the Committee or otherwise, the Department considers that the development is likely to have such an effect as is mentioned in regulation 55(1)(a) it shall make an appropriate assessment of the implications of the development for the European site in Northern Ireland or, as the case may be, the European offshore marine site, in view of that site’s conservation objectives and, in light of the conclusions of the assessment the Department shall approve the commencement of the development only after having ascertained that it will not adversely affect the integrity of the site.

(7) Where, in response to a request from the Department under paragraph (4)(b) the Committee provides an opinion that the development is likely to have the effect stated in that paragraph, the Department, in making an appropriate assessment under paragraph (6), shall take account of any representations made by the Committee in relation to the development.

(8) The provisions of Articles 32 and 33 of the 1991 Order shall, subject to any necessary modifications, apply to an application under this regulation, and to the determination thereof, as they apply to applications for planning permission under the 1991 Order and to the determination of such applications.”.