The Planning (General Development) Order (Northern Ireland) 1993 (S.R. 1993 NO. 278) (the 1993 GDO) grants planning permission without the need for a planning application for the classes of development described as permitted development.

The Planning (General Development) (Amendment) (Northern Ireland) Order 1995(S.R. 1995 N0.355) amends the 1993 GDO.

From 16 October 1995 development which would have been permitted development has to be the subject of a planning application if it is likely to have significant effects on the environment. The application must be accompanied by an environmental statement (ES); a publicly-available document setting out the developer's own assessment of a project's likely significant effects on the environment. Table 1 shows how these arrangements work.

What is Environmental Assessment?     

EA is the process by which information about the environmental effects of a project is collected, assessed and taken into account by the Planning Service in reaching a decision on whether the proposed development should be granted planning permission.

What type of development is subject to Environmental Assessment?

Some development projects, known as Schedule I projects, always need EA. These projects will rarely, if ever, be permitted development. Others known as Schedule 2 projects, will require EA if the development proposed is likely to have significant environmental effects.

Permitted development rights could apply to some Schedule 2 projects - including for example the improvement of roads, the extension or alteration of waste water treatment works and reclamation of land from the sea - although EA will not normally be required for field drainage works undertaken by farmers unless they would affect an area of special scientific interest, a National Nature Reserve, or a scheduled ancient monument. Some livestock installations will however, because of their size require EA.

EA will now be needed if the development is likely to have significant effects on the environment. This will mean that a planning application accompanied by an environmental statement must be submitted to your local Divisional Planning Office who can give advice on the range of projects that could be affected. Advice is also available in Development Control Advice Note 10.

Who decides whether EA is needed?     

As a developer you may conclude that a particular project should be subject to EA. If so, you should submit a planning application accompanied by an ES. The EA Regulations will then apply in the normal way (see "What if Environmental Assessment is required?").

Alternatively you may also conclude that EA is not required for a particular project, although it may be advisable to seek a determination in writing from your Divisional Planning Office.

If you are uncertain whether a development that would otherwise be permitted development will need EA, you should discuss the matter with the Divisional Planning Office. If this does not resolve the question, you may apply for a decision in writing on whether EA is required. (Under Regulation 3 of the Planning (Environmental Assessment & Permitted Development) Regulations (N.I.) 1995 S.R. 1995 NO. 357.

There is no fee payable for this decision, although any subsequent application for planning permission will be subject to the usual payment of fees.

If you do not accept the Planning Service's decision that EA is needed you may ask for a hearing before the Planning Appeals Commission (the PAC). The PAC or your Divisional Planning Office can advise on the procedure to be followed.

If you start a development under what you believe to be permitted development rights where EA and a planning application are required, this could give rise to problems and may even result in enforcement action being taken against you by the Planning Service.   

Which PD proposals are likely to require Environmental Assessment?

The majority of projects which benefit from permitted development rights - such as garages, house extensions and most farm buildings, for example - will not be affected by this change. Currently only a very small proportion of the total number of planning applications requires EA. Certain farm buildings for housing livestock may require EA, depending on the numbers of livestock to be housed and the numbers already contained. For this reason, the Planning Service anticipates that the number of PD proposals which will require EA will be very limited.

How can you judge whether a project is likely to have significant environmental effects?

You will need to consider a number of factors. These include the nature, scale and location of the proposed development. Location will often be especially important. For example, will the proposed development be in or near a particularly sensitive location, such as an Area of Outstanding Natural Beauty, an Area of Special Scientific Interest, a National Nature Reserve, a Special Area of Conservation or a Special Protection Area? Will it affect a listed building or a scheduled historic monument? There are other designations which may be relevant, including Conservation Areas and Areas of Significant Archaeological Interest, and other areas, defined in local development plans, that are considered important for their particular local environmental or amenity value.

Although location is very important, you should not automatically assume that EA will be needed simply because the proposal is located in or near a sensitive area. Similarly, you should not assume that because a proposal is not in a sensitive location, significant environmental effects are not likely. 

What if Environmental Assessment is required?

If EA is required, planning permission must be granted before the development project concerned can go ahead. A planning application must be submitted to the relevant Divisional Planning Office accompanied by an ES and the appropriate planning application fee.

The Planning (Assessment of Environmental Effects) Regulations (Northern Ireland) I 989 (S.R. 1989 NO. 20) set out the statutory requirements and what the ES must cover. The Divisional Planning Office can advise you on the procedures to be followed.

You may choose to seek independent advice or engage consultants to prepare the ES for you. Government Departments and other statutory bodies with relevant information should be consulted and will make any relevant information available. These bodies may make a reasonable charge for supplying information. The Divisional Planning Office will be able to advise you.

It is always advisable to discuss the application with the Divisional Planning Office from the earliest stage. This should speed up the process and help avoid unnecessary problems.

Whether or not a particular development requires EA has no bearing on whether planning permission will be granted, although the environmental factors which may lead to the need for EA, together with any proposed mitigating measures, will be material considerations in the determination of the application.

What are the benefits of Environmental Assessment?

EA allows the likely significant effects of a project to be identified and to be avoided, remedied or minimised at an early stage. Nevertheless, the general public is often concerned about the possibility of unknown or unforeseen environmental effects of particular development. By making information on the likely significant effects available, EA can help allay fears created by a lack of information.