SCHEDULE 5Saving and transitional provisions

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

Involvement of other EEA states28

Regulation 18 (development likely to have significant effects on the environment in another EEA state) shall apply subject to the following modifications

a

for regulation 18(1)(a) substitute—

a

on the consideration of an appeal under Article 69 (appeal against enforcement notice), the Commission is of the opinion that matters which are alleged to constitute the breach of planning control comprise or include EIA development and the development has or is likely to have significant effects on another EEA state, it shall notify the council or, as the case may be, the Department; and

b

in regulation 18(1)(i) delete the word “proposed”;

c

in regulation 18(3)(a) for the words “a copy of the application concerned” substitute the words “ a description of the development concerned ”; and

d

in regulation 18(3)(b) for “that application” substitute “ the deemed application under Article 71(3) ”.