An Environmental Impact Assessment is conducted by the competent authority in order to ensure that potential significant environmental effects of certain types of development are considered in advance of a decision on planning permission. The competent authority for the planning process is the planning authority or An Bord Pleanála, depending on the specific process.
If significant environmental effects are predicted, measures can be proposed to reduce, avoid or prevent negative impacts.
For certain projects, it is a requirement of both EU and national law for a competent authority to carry out an Environmental Impact Assessment before granting consent for the development. For planning permission, the current EIA Directive 2011/92/EEC (as amended by 2014/52/EU) requirements are transposed into Irish law by the Planning and Development Act 2000 (as amended) (PDA) and the Planning and Development Regulations 2001 (as amended) (PDR).
What triggers an Environmental Impact Assessment?
The PDA stipulates that an Environmental Impact Assessment is necessary where a project may cause ‘significant effects on the environment’. Ireland has listed relevant projects in Parts 1 and 2 of Schedule 5 of the PDR. Part 1 projects require an Environmental Impact Assessment to be conducted, for example, in the case of certain types of nuclear power stations.
Some of the classes of development in Parts 1 and 2 include thresholds which require a mandatory Environmental Impact Assessment if the threshold will be equalled or exceeded. If the proposed development is below the relevant threshold in Part 2, an Environmental Impact Assessment will still be required if the competent authority determines that the proposed development will have significant effects.
What is the process involved and how does this differ to an ordinary application for planning permission?
An Environmental Impact Assessment Report, or EIAR, provides information on a project’s significant environmental effects. It is the developer’s responsibility to prepare an EIAR. Secondly, ‘consultations’ such as public participation will be conducted by the competent authority. A ‘competent authority’ will assess the content of the EIAR and determine the potential significant effects of the project. This reasoned conclusion of the significant environmental effects will be considered in the final decision about whether to grant planning permission. The ‘competent authority’ is required to publicise their decision and the reasoning behind it. Accordingly, this allows for greater public participation in the process.
The Environmental Impact Assessment process can be distinguished from an ordinary application for planning permission in numerous ways. For example, the EIAR must be conducted by competent experts and more detailed information is supplied to the authority. The right to public participation is more considerable in the Environmental Impact Assessment process than it is for planning permission.
For more information and expert advice contact a member of our Planning & Environment team.
The content of this article is provided for information purposes only and does not constitute legal or other advice.