PART 4 Procedures on Receipt of Application

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

11.—(1) Where it appears to the Department that an application for planning permission made to it—

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

(b) the development in question has not been the subject of a determination as to whether the application is or is not an EIA application; 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 Department shall make a determination as to whether the application is for EIA development, taking into account the selection criteria.

(2) If the Department considers that it has not been provided with sufficient information to make a determination under paragraph (1) it shall notify the applicant of the particular points on which it requires further information.

(3) Subject to paragraph (4), the Department shall make a determination under paragraph (1) within 4 weeks from the date of receipt of the application or such longer period as may be agreed in writing with the applicant and shall send a copy of its determination to the council.

(4) Where additional information is requested under paragraph (2), the Department shall notify the applicant of its determination within a period of 4 weeks from the date of receipt of the additional information.