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

1Citation and commencement

2Interpretation

4Prohibition on the grant of planning permission or subsequent consent without consideration of environmental information

5Confirmation that development is EIA development

6Appeals under Section 58 or Section 60 of the 2011 Act

PART 2Pre-Application Procedures

7Pre-application determination as to need for environmental impact assessment and opinion as to content of environmental statement

PART 3Preparation of Environmental Statements

8Procedure to facilitate preparation of environmental statements

9Provision of information

PART 4Procedures on Receipt of Application

10Applications made to the council which appear to require determination as to need for environmental impact assessment

11Applications made to the Department which appear to require determination as to need for environmental impact assessment

12Subsequent applications made to the council where environmental information previously provided

13Subsequent applications made to the Department where environmental information previously provided

14Subsequent applications made to the council where environmental information not previously provided

15Subsequent applications made to the Department where environmental information not previously provided

16Application made to the council without an environmental statement

17Application made to the Department without an environmental statement

18Application referred to the Department without an environmental statement

19Extension of the period for council's or Department's decision on an application for planning permission or subsequent application

PART 5Publicity

20Publicity where an environmental statement is submitted

21Availability of copies of environmental statement

22Consultation where environmental statement submitted

23Further information and evidence relating to environmental statement

25Duty to inform the public of decisions

PART 6Development by a council

26Modifications where application is by a council

PART 7Development likely to Affect Other EEA states

27Development in Northern Ireland likely to have significant effects on the environment in another EEA state

28Projects in another EEA state likely to have significant transboundary effects

PART 8Unauthorised Development

29Interpretation of Part 8

30Prohibition on the grant of planning permission for unauthorised development

31Determination as to need for environmental statement, etc.

32Time period for submission of environmental statement

33Provision of information

34Procedure where the Commission receives an environmental statement

35Further information and evidence respecting environmental statements

36Publicity for environmental statements and decisions

37Involvement of other EEA states

PART 9Permission in Enterprise and Simplified Planning Zones and Permission Granted by Development Orders

38Restrictions on grant of permission by old enterprise zone schemes

39Restrictions on the grant of permission by simplified planning zone schemes and enterprise zone schemes

40Development Orders

PART 10Miscellaneous

41Availability of information in relation to determinations, opinions, decisions, etc.

42Hearing by the Commission in relation to the council's or Department's determination

43Use of electronic communications

44Application to the Crown

45Revocation, saving and transitional provisions

SCHEDULE 1Descriptions of development for the purposes of the definition of “Schedule 1 development”

Descriptions of development

SCHEDULE 2Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”

1In the Table below— “area of the works”, includes any...

2The Table below sets out the descriptions of development and...

SCHEDULE 3Selection criteria referred to in Article 4.3 of the Directive

1. Characteristics of development

2. Location of development

3. Characteristics of the potential impact

SCHEDULE 4Matters for Inclusion in Environmental Statement

1Description of the development, including in particular—

2An outline of the main alternatives studied by the applicant...

3A description of the aspects of the environment likely to...

4A description of the likely significant effects of the development...

5A description of the measures envisaged to prevent, reduce and...

6A non–technical summary of the information provided under paragraphs 1...

7An indication of any difficulties (technical deficiencies or lack of...

1A description of the development comprising information on the site,...

2A description of the measures envisaged in order to avoid,...

3The data required to identify and assess the main effects...

4An outline of the main alternatives studied by the applicant...

5A non–technical summary of the information provided under paragraphs 1...

SCHEDULE 5Saving and transitional provisions

PART 1Modifications of Statutory Rules

PART 2The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 as modified

2Interpretation

4Prohibition on the grant of planning permission or subsequent consent without consideration of environmental information

5Confirmation that development is EIA development

7Procedure to facilitate preparation of environmental statements

8Provision of information

9Application made to the council or the Department without prior determination as to need for environmental impact assessment or without an environmental statement

10Extension of the period for council's or Department's decision on an application for planning permission or subsequent application

11Publicity where an environmental statement is submitted

12Availability of copies of environmental statement

13Consultation where environmental statement submitted

14Further information and evidence relating to environmental statement

17Duty to inform the public of decisions

18Development likely to have significant effects on the environment in another EEA state

19Projects in another EEA state likely to have significant transboundary effects

22Determination as to need for environmental statement, etc.

23Time period for submission of environmental statement

25Procedure where the Commission receives an environmental statement

26Further information and evidence respecting environmental statements

27Publicity for environmental statements and decisions

28Involvement of other EEA states

34Availability of information in relation to determinations, opinions, decisions, etc.

35Hearing by the Commission in relation to the Department's determination

2015 No. 74

Planning

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

Made25th February 2015

Coming into operation1st April 2015

M1 M2The Department of the Environment is a designated Department for the purposes of section 2(2) of the European Communities Act 1972 , in relation to the environment.

The Department of the Environment makes the following regulations in exercise of the powers conferred on it by that section and having taken into account the selection criteria in Annex III to Council Directive 2011/92/EUM3.C1

Annotations:

Modifications etc. (not altering text)

C1

Rule amendment to earlier revoking in part SR 2017/83, reg. 48 (27.3.2019) by The Planning (Miscellaneous Amendments) Regulations (Northern Ireland) 2019 (S.R. 2019/24), reg. 3

Marginal Citations

M1

M2

1972 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)

M3

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