Planning and Development (Amendment) (No. 3) Regulations 2011.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: (1) These Regulations may be cited as the Planning and Development (Amendment) (No. 3) Regulations 2011.
(2) These Regulations and the Planning and Development Regulations 2001 to 2011 shall be construed as one and may be collectively cited as the Planning and Development Regulations 2001 to 2011.
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paragraphs: These Regulations shall come into operation on the date of signature.
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paragraphs: In these Regulations, unless otherwise stated,
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paragraphs: The following definitions are inserted into article 3 of the Regulations:
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paragraphs: Article 13 of the Regulations is amended by the insertion after paragraph (l) of the following paragraph:
“(la) EirGrid,
“(lb) the Environmental Protection Agency,”.
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paragraphs: Article 15 of the Regulations is amended by the insertion after paragraph (m) of the following paragraph:
“(ma) EirGrid,
“(mb) the Environmental Protection Agency,”.
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paragraphs: Article 27(2) of the Regulations is amended by the deletion of “taking account of the preferences outlined by applicants in their applications”.
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paragraphs: Article 32(2) of the Regulations is amended by the deletion of “taking account of the preferences outlined by applicants in their applications”.
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paragraphs: Article 33 of the Regulations is amended in sub-article (3) by the substitution of “the request for further information under sub-article (1)” for “requirement for further information”.
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paragraphs: Article 35 of the Regulations is amended by the deletion of sub-article (4).
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paragraphs: Article 67(b) of the Regulations is amended by the substitution of “134” for “134(5)”.
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paragraphs: Article 72 of the Regulations is amended:
(a) in sub-article (1) by the insertion of “, section 177AE(3), section 181A” after “section 175(3)” in paragraph (c) and (d) and by the insertion of the following paragraphs after paragraph (d)—
“(e) the applications for substitute consent and applications for leave to apply for substitute consent received by the Board, and
(f) the applications for substitute consent decided or withdrawn and the applications for leave to apply for substitute consent decided or withdrawn.”;
(b) in sub-article (6) by the insertion of “, section 177AE(3), section 181A” after “section 175(3)” and by the insertion of “or NIS, or both, where appropriate” after “EIS”;
(c) in sub-article (7) by the insertion of “, section 177AE(3), section 181A” after “section 175(3)”; and
(d) by the insertion of the following sub-articles after sub-article (7):
“(7A).A list referred to in sub-article (1) shall indicate, in respect of applications for substitute consent and applications for leave to apply for substitute consent, under section 177E and section 177C, respectively, of the Act, received by the Board during the week to which the list relates, that the Board may grant the substitute consent subject to or without conditions, or grant leave to apply for substitute consent, or refuse to grant such consent or leave, and shall also indicate in respect of each application—
(a) the name of the applicant,
(b) the date on which the application was received by the Board,
(c) the nature and location of the development to which the application relates,
(d) that the application is accompanied by a remedial EIS or remedial NIS or both where appropriate, and
(e) the name of the planning authority.
(7B).A list referred to in sub-article (1) shall indicate, in respect of applications for substitute consent and applications for leave to apply for substitute consent, under section 177E and section 177C, respectively, of the Act, decided by the Board during the week to which the list relates, that the Board in deciding the applications has had regard to submissions or observations received and shall also indicate in respect of each application for approval—
(a) the name of the applicant,
(b) the name of the planning authority,
(c) the nature and location of the development, and
(d) the nature of the decision of the Board and the date of the decision.”.
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paragraphs: Article 97 of the Regulations is amended by the insertion of “and one electronic copy” after “10 copies”.
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paragraphs: Article 103 of the Regulations is substituted by the following:
“103.(1) Where a planning application for sub-threshold development is not accompanied by an EIS, and the likelihood of significant effects on the environment cannot be excluded by the planning authority, the planning authority shall make a determination as to whether the development would be likely to have significant effects on the environment and where it determines that the development would be likely to have such significant effects it shall, by notice in writing, require the applicant to submit an EIS and to comply with the requirements of article 105.
(2) Where a planning application for sub-threshold development is not accompanied by an EIS, and the development would be located on, or in, or have the potential to impact on—
(a) a European site,
(b) an area the subject of a notice under section 16 (2)(b) of the Wildlife (Amendment) Act 2000 (No. 38 of 2000),
(c) an area designated as a natural heritage area under section 18 of the Wildlife (Amendment) Act 2000 ,
(d) land established or recognised as a nature reserve within the meaning of section 15 or 16 of the Wildlife Act 1976 (No. 39 of 1976) as amended by sections 26 and 27 of the Wildlife (Amendment) Act 2000 ,
(e) land designated as a refuge for flora or as a refuge for fauna under section 17 of the Wildlife Act 1976 as amended by section 28 of the Wildlife (Amendment) Act 2000 ,
(f) a place, site or feature of ecological interest, the preservation, conservation or protection of which is an objective of a development plan or local area plan, draft development plan or draft local area plan, or proposed variation of a development plan, for the area in which the development is proposed,
(g) a place or site which has been included by the Minister for Arts, Heritage and the Gaeltacht in a list of proposed Natural Heritage Areas published on the National Parks and Wildlife Service website,
the planning authority shall, in determining whether the development would or would not be likely to have significant effects on the environment, have regard to the likely significant effects of the development on such site, area, land, place or feature as appropriate.