The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

Application which appears to require determination as to need for environmental impact assessment

This section has no associated Explanatory Memorandum

12.—(1) Where it appears to the council or, as the case may be, the Department that an application for planning permission—

(a)is a Schedule 1 application or a Schedule 2 application;

(b)the development in question has not been the subject of a screening determination as to whether the development is or is not EIA development; 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,

the council or, as the case may be, the Department shall make a screening determination as to whether the development is EIA development, and paragraphs (7), (8), (9), (10), (11), (14) and (15) of regulation 8 shall apply as if receipt of the application were a request made under paragraph (1)(a) of regulation 8.

(2) Where regulation 8(11) applies by virtue of this regulation, the council or, as the case may be, the Department shall, where necessary to ensure that the applicant has provided the information referred to in regulation 8(3), make a request for additional information before making a screening determination.