- Latest available (Revised)
- Original (As made)
There are currently no known outstanding effects for the The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017, PART 3.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
9.—(1) An applicant who intends to submit an environmental statement to a council or, as the case may be, the Department may give notice in writing of that intention to the council or the Department.
(2) A notice under paragraph (1) shall include, or be accompanied by, the information necessary to identify the land and the nature and purpose of the development, and shall indicate the main environmental consequences to which the person giving notice proposes to refer in the environmental statement.
(3) Where the council—
(a)receives a notice under paragraph (1) or pursuant to regulation 8(18), (19)(a) or 15(4)(a); or
(b)confirms a determination pursuant to regulation 15(7),
it shall notify—
(i)any other council in the area in which the land to which the proposal relates is situated of the details of the proposed development; and
(ii)such other authorities likely to be concerned by the proposed development by reason of their specific environmental responsibilities or local or regional competences,
of the name and address of the applicant and of the duty imposed on them by regulation 10(1) to make information available to the applicant; and
(iii)inform the applicant in writing of the names and addresses of the bodies so notified.
(4) Where the Department—
(a)receives a notice under paragraph (1) or pursuant to regulation 8(18), (19)(a), 15(4)(a) or 16(5); or
(b)confirms a determination pursuant to regulation 15(7) or 16(8),
it shall notify—
(i)the council or councils in whose district the proposed development is to be situated of the details of the proposed development; and
(ii)such other authorities likely to be concerned by the proposed development by reason of their specific environmental responsibilities or local or regional competences,
of the name and address of the applicant and of the duty imposed on them by regulation 10(1) to make information available to the applicant; and
(iii)inform the applicant in writing of the names and addresses of the bodies so notified.
Commencement Information
I1Reg. 9 in operation at 16.5.2017, see reg. 1
10.—(1) Subject to paragraph (2), any body notified by the council or, as the case may be, the Department pursuant to regulation 9(3) or (4) shall, if requested by the person who intends to submit the environmental statement, or may without such request, enter into consultation with that person with a view to ascertaining whether the body has information in its possession which that person or they consider relevant to the preparation of the environmental statement, and shall make that information available to that person.
(2) Any body which receives a request for information under paragraph (1) shall treat it as a request for information under regulation 5(1) of the Environmental Information Regulations 2004(1).
Commencement Information
I2Reg. 10 in operation at 16.5.2017, see reg. 1
11.—(1) An EIA application shall be accompanied by an environmental statement for the purposes of these Regulations.
(2) An environmental statement is a statement which includes at least—
(a)a description of the proposed development comprising information on the site, design, size and other relevant features of the development;
(b)a description of the likely significant effects of the proposed development on the environment;
(c)a description of any features of the proposed development, or measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;
(d)a description of the reasonable alternatives studied by the applicant, which are relevant to the proposed development and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the significant effects of the development on the environment;
(e)a non-technical summary of the information referred to in sub-paragraphs (a) to (d); and
(f)any information specified in Schedule 4 relevant to the specific characteristics of the particular development or type of development and to the environmental features likely to be significantly affected.
(3) To ensure the completeness and quality of the statement, the environmental statement shall—
(a)be prepared by competent experts;
(b)contain a statement by or on the behalf of the applicant setting out how the requirements of paragraph (3)(a) have been complied with;
(c)where a scoping opinion has been issued in accordance with regulation 8, be based on the most recent scoping opinion issued (so far as the proposed development remains materially the same as the proposed development which was subject to that scoping opinion);
(d)include the information reasonably required for reaching a reasoned conclusion on the significant effects of the development on the environment, taking into account current knowledge and methods of assessment; and
(e)be prepared, taking into account other relevant environmental assessments required under Union legislation or some other provision of domestic legislation, with a view to avoiding duplication of assessment.
Commencement Information
I3Reg. 11 in operation at 16.5.2017, see reg. 1
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: