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The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015
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PART 1Modifications of Statutory Rules
The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999
| Provision of Regulation to be modified | Modification |
|---|---|
| Regulation 1 (Citation and commencement) | None |
| Regulation 2(2) (Interpretation) | After “the 1991 Order” insert ““the 2011 Act” means the Planning Act (Northern Ireland) 2011;” After “the Commission” insert ““council” means a district council;” In the definition of “local advertisement (b)” for “where the Department, or the Commission” substitute “where the Department, council, or the Commission” |
| Regulation 3 (Directions) | None |
| Regulation 3A | None |
Regulation 4(1) (Prohibition on the grant of planning permission or subsequent consent without consideration of environmental information) Regulation 4(2) | In each instance for the words “by the Department” substitute “by a council or the Department”. For the words “The Department or the Commission” substitute “A council, the Department or the Commission”. After paragraph (2) insert “(3) Paragraph (2) applies to a council where an application to which these Regulations apply is to be treated as having been made to it under the 2011 Act by virtue of paragraph 2 of Schedule 2 to the Planning (2011 Act) (Commencement No. 3) and (Transitional Provisions) Order (Northern Ireland) 2015.” |
Regulation 5(1) (Confirmation that development is EIA development) Regulation 5(2)(a) Regulation 5(2)(b) | None None In each instance for the words “by the Department” substitute “by the council or by the Department”. |
Regulation 5A (1) (Appeals under Article 32 or Article 33) Regulation 5A(2) to (4) | For the words “on the Department” substitute “on the council or on the Department”. None |
| Regulation 6 (Pre-application determination as to need for environmental impact assessment and opinion as to content of environmental statement) | None |
Regulation 7(1) (Procedure to facilitate preparation of environmental statements) Regulation 7(2) Regulation 7(3) | For the words “the Department” substitute “the council or, as the case may be, the Department”. None For the words “the Department” substitute “the council or, as the case may be, the Department”. In sub-paragraph (3)(b)(i) for the words “the district council” substitute “such district councils as are”. |
Regulation 8(1) (Provision of information) Regulation 8(2) | For the words “by the Department” substitute “by the council or, as the case may be, the Department”. None |
Regulation 9 (Application made to the Department without prior determination as to need for environmental impact assessment or without an environmental statement) Regulation 9(1) to (5) Regulation 9(6) Regulation 9(6)(a) and (b) Regulation 9(7) | In the heading for the words “the Department” substitute “the council or the Department”. For the words “the Department” substitute “the council or, as the case may be, the Department”. For the words “the Department” substitute “the council or, as the case may be, the Department”. For the words “the Department’s” substitute “the council’s or, as the case may be, the Department’s”. For the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 9(7A) | None |
Regulation 9(8) Regulation 9(9) Regulation 9(10) | In each instance for the words “the Department” substitute “the council or, as the case may be, the Department”. In the first instance for the words “the Department” substitute “the council or, as the case may be, the Department”. In the second instance for the words “the Department’s” substitute “the council’s or, as the case may be, the Department’s”. For the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 10 (Extension of the period for Department’s decision on an application for planning permission or subsequent application) | In the heading for the words “for Department’s” substitute “for council’s or Department’s”. |
| Regulation 10(a) | None |
| Regulation 10(b) | In (bb) for the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 10(c) | None |
| Regulation 11 (Application of Article 31 of the 1991 Order) | None |
Regulation 12 (Publicity where an environmental statement is submitted) | For the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 12(a) | None |
Regulation 12(b) | For the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 12(c) | None |
Regulation 12(d) | For the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 13(a) (Availability of copies of environmental statement) | None |
Regulation 13(b) | In each instance for the words “the Department” substitute “the council or, as the case may be, the Department”. |
Regulation 14(1) (Consultation where environmental statement submitted) Regulation 14(2) | For the words “the Department” substitute “the council or, as the case may be, the Department” and for the words “the district council” substitute “the councils”. For the words “The Department” substitute “The council or, as the case may be, the Department”. |
Regulation 15(1) (Further information and evidence relating to environmental statement) Regulation 15(2) Regulation 15(2A) and (3) | For the words “the Department” substitute “the council or, as the case may be, the Department”. For the words “The Department” substitute “The council or, as the case may be, the Department”. For the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 16 (Charges) | None |
Regulation 17(1) and (2) (Duty to inform the public of decisions) Regulation 17(3) | In each instance for the words “the Department” substitute “the council”. In the first instance for the words “The Department” substitute “The council” and in the second instance for the words “the Department” substitute “the council”. |
| Regulation 18(1) (Development likely to have significant effects on the environment in another EEA state) | In each instance for the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 18(2) | None |
Regulation 18(3) | For the words “the Department” substitute “the council or, as the case may be, the Department”. |
Regulation 18(4) | For the words “The Department” substitute “The council or, as the case may be, the Department” and for the words “the Department” substitute “the council or, as the case may be, the Department”. |
Regulation 18(5) | For the words “The Department” substitute “The council or, as the case may be, the Department”. |
Regulation 18(6) | For the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 19(1) (Projects in another EEA state likely to have significant transboundary effects) | In each instance for the words “the Department substitute “the council or, as the case may be, the Department”. |
Regulation 19(2) | For the words “The Department” substitute “The council or, as the case may be, the Department”. |
| Regulation 20 (Interpretation of Part 7) | None |
| Regulation 21 (Prohibition on the grant of planning permission for unauthorised development) | None |
Regulation 22(1) and (2) (Determination as to need for environmental statement etc.) Regulation 22(3) Regulation 22(4) and (5) | In each instance for the words “the Department substitute “the council or, as the case may be, the Department”. For the words “The Department” substitute “The council or, as the case may be, the Department” and for the words “the district council for” in sub-paragraph (b) substitute “such district councils as are in”. In each instance for the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 22(6) | None |
Regulation 23 (Time period for submission of environmental statement) | For the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 24 (Provision of information) | None |
| Regulation 25 (Procedure where the Commission receives an environmental statement) | In each instance for the words “the Department substitute “the council or, as the case may be, the Department”. |
| Regulation 26(1) (Further information and evidence respecting environmental statements) | For paragraph (1) substitute “Regulation 15(1) and (2) shall apply in relation to further information as if “the Commission” was substituted for the words “the council, or as the case may be, the Department” and the word “appellant” was substituted for the word “applicant”.” |
| Regulation 26(2) and (3) | None |
| Regulation 26(4) | For the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 27(1) (Publicity for environmental statements and decisions) | None |
Regulation 27(2) | For the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 28(a) (Involvement of other EEA states) | For the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 28(b) to (d) | None |
| Regulation 29 (Restrictions on grant of permission by old enterprise zone schemes) | Omit |
| Regulation 30 (Restrictions on the grant of permission by simplified planning zone schemes and enterprise zone schemes) | Omit |
| Regulation 31 (Development Orders) | Omit |
| Regulation 32 (Amendment to the Planning (Use Classes) Order (Northern Ireland) 1989) | Omit |
| Regulation 33 (Amendment to the General Development Order) | Omit |
Regulation 34 (Availability of information in relation to determinations, opinions, decisions, etc.) Regulation 34(1) Regulation 34(2) Regulation 34(3) Regulation 34(4) | For the words “The Department” substitute “The council”. None In each instance for the words “the Department” substitute “the council or, as the case may be, the Department”. None In each instance for the words “the Department” substitute “the council”. |
Regulation 35(1) (Hearing by the Commission in relation to the Department’s determination) Regulation 35(2) | None For the words “the Department” substitute “the council or, as the case may be, the Department”. |
| Regulation 36A (Use of electronic communications) | None |
| Regulation 37 (Revocations) | None |
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