12.0 Planning Applications not accompanied by an Environmental Statement (ES)
12.1 When a planning application is submitted without an ES, the Department must “screen” the proposal to assess whether it is a Schedule 1 or a Schedule 2 development for which EIA is required. Where it has been determined that an EIA is not required, the developer will be advised and the determination made available for public inspection alongside the planning register.
12.2 Where the determination is that EIA is required, the developer must be advised within 4 weeks of the receipt of the application or within an agreed extended period. Again this determination with a statement of reasons will be made available for public inspection. The developer must then advise the Department in writing within 4 weeks of the determination as to whether or not he accepts it or intends to seek a hearing before the PAC. If he/she accepts the determination, the developer has 6 months from the date of the determination or agreed extended period to prepare and submit the ES. If not submitted the application shall be deemed to be refused.
13.0 Planning Applications submitted with an Environmental Statement
13.1 Developers may decide, having regard to the Regulations, this guidance and any other advice from the Department, that EIA will be required for their proposed development. A developer may, therefore, submit a Statement which he refers to as an ES with a planning application without having obtained a determination to the effect that an ES is required.
13.2 If a developer expressly states that he is submitting an ES for the purposes of the Regulations, the application will be an EIA application and must be treated as such by the Department.
13.3 Where a developer has not made it clear that the information submitted with the application is intended to constitute an ES, the Department will make a determination on the need for an ES, if it has not already done so. If the Department determines that it is an EIA application, it is open to the applicant to ask for the information already submitted to be treated as the ES or to submit a new Statement. If the Department determines that an EIA is not required, the information provided by the applicant will still be taken into account in determining the application if it is material to the decision.
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