DCAN 10: Environmental Impact Assessment

20.1 Before determining any EIA application, the Department must take into consideration the information contained in the Environmental Statement (ES), including any further information, any comments made by the consultation bodies, and any representations from members of the public about environmental issues.

21.0 Securing mitigation measures

21.1 Mitigation measures proposed in an ES are designed to limit the environmental effects of the development. The Department will consider carefully how such measures are secured, particularly in relation to the main mitigation measures specified in the decision.

21.2 Conditions attached to a planning permission may include mitigation measures. However, a condition requiring the development to be "in accordance with the Environemental Statement" is unlikely to be valid unless the ES was exceptional in the precision with which it specified the mitigation measures to be undertaken.  Even then, the condition would need to refer ti the specific part of the ES rather than the whole document.

21.3 A planning condition may require a scheme of mitigation for more minor measures to be submitted to the Department and approved in writing before any development is undertaken.  However, the department in exercising planning control will not duplicate other legislative controls.  In addition, the Department may consider the use of planning agreements in relation to approved developments.

22.0 Publicising decisions on EIA applications

22.1 Where the Department makes a decision on a particular planning application, that decision is required to be advertised in local newspapers and a statement placed with the planning register setting out the content of the decision, the conditions attached, the reasons and considerations on which it was based and the main measures if any to avoid, reduce or offset the main adverse environmental effects.

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