PART 4Procedures on Receipt of Application
Subsequent applications made to the Department where environmental information not previously provided15
1
Where it appears to the Department that—
a
an application—
i
is a subsequent application in relation to Schedule 1 or Schedule 2 development;
ii
has not itself been the subject of a determination as to whether the application is or is not an EIA application; and
iii
is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations; and
b
the original application was not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations,
it 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.