Contents
- 1 Citation, commencement and interpretation
- 2 Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999
- 3 Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999
- 4 Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999
- 5 Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999
- 6 Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999
- 7 Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999
- 8 Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999
- 9 Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999
- 10 Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999
- 11 Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999
1Citation, commencement and interpretation#
(1)Section 64D of the Public Audit (Wales) Act 2004 (disclosure of results of data matching etc) is amended as follows.
(2)In subsection (5)(a)—
2Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999#
The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999 shall be amended in accordance with regulations 3 to 20.
3Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999#
On every occasion where “Member State” occurs substitute “EEA state”.
(a)after the definition of “claim for benefit” there shall be inserted the following definition—“• “employment officer” means an officer of the Department, an officer of any other Department, or such other person as may be designated for the purposes of Article 10(1) of the Jobseekers (Northern Ireland) Order 1995 by an order made by the Department;”
(b)for the definition of “EIA application” substitute—“• “EIA application” means—(a) an application for planning permission for EIA development; or(b) a subsequent application in respect of EIA development;”
(c)for the definition of “Schedule 1 application” and “Schedule 2 application” substitute—“• “Schedule 1 application” means—(a) an application for planning permission for Schedule 1 development; or(b) a subsequent application in respect of Schedule 1 development; and• “Schedule 2 application” means—(a) an application for planning permission for Schedule 2 development; or(b) a subsequent application in respect of Schedule 2 development;”
(d)
(e)after the definition of “sensitive area” insert—“• “subsequent application” means an application for approval of a matter where the approval—(a) is required by or under a condition to which a planning permission is subject; and(b) must be obtained before all or part of the development permitted by the planning permission may be begun;”“• “subsequent consent” means consent granted pursuant to a subsequent application.”
4Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999#
For regulation 4 (prohibition on the grant of planning permission without consideration of environmental information) substitute—“4 1 This regulation applies—a to every application for planning permission for EIA development received by the Department on or after the commencement of these Regulations; andb to every subsequent application in respect of EIA development received by the Department on or after the commencement of these Regulations but which was not determined by 1st October 2008;and for the purposes of this paragraph, the date of receipt of an application by the Department shall be determined in accordance with Article 11 (time periods for decisions) of the General Development Order as applied by regulation 10.2 The Department or the Commission, as the case may require, shall not grant planning permission or subsequent consent pursuant to an application to which this regulation applies unless they have first taken the environmental information into consideration, and they shall state in their decision that they have done so.”
5Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999#
In regulation 6 (pre-application determination as to need for environmental impact assessment and opinion as to content of environmental statement)—
(a)
(b)after paragraph (3)(a) insert—“aa sufficient information to enable the Department to identify any planning permission granted for the development in respect of which a subsequent application has been made;”
6Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999#
In regulation 9 (application made to the Department without prior determination as to need for environmental impact assessment or without an environmental statement)—
(a)
(b)for paragraph (1)(b) substitute—“b has not been the subject of a determination as to whether the application is or is not an EIA application; or in the case of a subsequent application, has been the subject of a determination before planning permission was granted to the effect that it is not EIA development; and”
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
(d)
(e)in a case where the qualifying benefit which ceased—
at the time the work condition is satisfied; and
7Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999#
For regulation 10 (extension of the period for Department’s decision on a planning application), substitute—“10 Where an application for planning permission or subsequent application is an EIA application, Articles 11 and 12 of the General Development Order shall have effect as if—a for the reference in paragraph (2)(a) of Article 11 and in Article 12 to a period of 2 months from the date the application was received there were substituted a reference to a period of 16 weeks; andb after paragraph (3)(b) of Article 11 there were inserted—ba the environmental statement required to be submitted in respect of the application has been submitted, together with the documents required to accompany that statement; andbb in the case of an application falling within regulation 9 (1) where the Department has requested further information in order to make a determination under regulation 9 (2), when that information was received; andbc where evidence verifying information in the environmental statement has been requested, when that evidence was received; andc the date when an application is received for the purposes of Article 12 were the date when each of the events referred to in Article 11 (3) (ba) to (bc) has occurred in relation to that application.”
8Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999#
In regulation 12 (publicity where an environmental statement is submitted)—
(a)
(b)for paragraph (b) substitute—“b state in the notice that—i the application for planning permission or subsequent application is accompanied by an environmental statement; and,ii in the case of a subsequent application, that a copy of the planning permission and supporting documents for the development in respect of which the application has been made may be inspected by members of the public at all reasonable hours at the relevant office of the Department;”
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
9Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999#
In regulation 14 (consultation where environmental statement submitted), in paragraph (2) after “application for planning permission” insert “or subsequent application”.
10Amendment of the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 1999#
In regulation 12 (publicity where an environmental statement is submitted)—
(a)after paragraph (3)(a) insert—“aa a copy of any planning permission relating to the development;”
(b)
(c)where—
in the period not exceeding 12 months which begins on the date the child died and throughout which he was entitled to a relevant benefit; or
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