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Environmental
Assessments
and Planning
in Ireland
Planning
Leaflet 11
Environmental Assessments and Planning in Ireland Assessments of environmental issues in the planning process, both in relation to preparing plans and deciding on planning applications and appeals, have become much more common in recent years in Ireland. This is as a response to both pressing environmental challenges and requirements under EU and national law.
Environmental Assessments and Planning in Ireland • 3
Introduction area. This ensures that any potential impacts
This leaflet is intended as a practical guide to on the environment are considered at a
three of the most common assessments: strategic level.
• Strategic Environmental Assessment (SEA), The EU SEA Directive, transposed into Irish
undertaken at the policy level when plans law, sets out various requirements in the
(development plans, local area plans, etc.) conduct of SEA, some principal features of
are being developed; which in the plan-making area are set out in
• Environmental Impact Assessment (EIA), Question 3.
undertaken at the project assessment
(planning application/consent) stage; and Statutory guidelines on carrying out SEA in
• Appropriate Assessment (AA), considered at the plan-making area were published by the
both plan and project stages. Minister for Housing, Local Government and
Heritage in November 2004 and amended
These assessments, along with other in 2011. The guidelines are accessible at the
environmental requirements including following link:
water, air quality and waste management are
intended to ensure that proper planning and https://www.opr.ie/wp-content/
development is based on the principles of uploads/2019/08/2004-Implementation-of-
sustainable development. the-SEA-Directive-2.pdf
This leaflet is not a definitive legal 2. Why is SEA required?
interpretation. The law in relation to the SEA informs plans or programmes by
above assessments is detailed and if in doubt, considering which options fit best with wider
you should contact your local planning environmental policies and obligations such
authority (city or county council) and/or as climate change, water, air quality and
suitably qualified professionals. biodiversity.
Strategic Environmental In addition, the plan-making process is
Assessment designed to promote participation by all
1. What is Strategic Environmental citizens, groups and organisations that may
Assessment? have particular environmental interests
Strategic Environmental Assessment (SEA) is and functions. SEA helps to inform all the
a process for evaluating the environmental stakeholders in the plan-making process
consequences of certain plans or to achieve more environmentally sound
programmes, including development plans planning policies.
and local area plans in the spatial planning
Environmental Assessments and Planning in Ireland • 4
3. What are the main features of Consultation with the public and
the SEA process? environmental authorities for the SEA
Once it is established that a plan requires Environmental Report and the draft
SEA to be undertaken, the process begins plan is also required. Transboundary
with an initial scoping stage, to help identify consultation may also be necessary with
the range of environmental issues that other administrations, under international
should be covered by the SEA process and law requirements, where that administration
in the report known as an Environmental may be impacted by the plan.
Report.
The planning authority must consider both
As draft plans are prepared the the SEA Environmental Report and the
Environmental Report is also prepared as an submissions made during the consultation
integral part of the process to help identify process before deciding whether to adopt or
likely significant environmental effects and modify the draft plan. In making the decision
to inform the plan-making process. on the plan, the planning authority must
set out how SEA influenced its decision and
This ensures that any environmental also must agree to implement monitoring
issues that arise out of the SEA process are systems to check that the environmental
addressed in the development of the plan. provisions of the plan are working, following
the plans adoption.
Environmental Assessments and Planning in Ireland • 5
Environmental Impact permission for a development proposal, the
Assessment planning authority or An Bord Pleanála fully
4. What is Environmental Impact understands the significant effects it is likely
Assessment? to have on the environment and has factored
Environmental Impact Assessment (EIA) that in to the decision.
is a process of assessment of the effects
of a project or development proposal on Statutory guidelines on carrying out EIA were
the environment. In the planning area, it published by the Minister for Housing, Local
is undertaken by a planning authority or Government and Heritage in August 2018
An Bord Pleanála during the consideration and are accessible at the following link:
of applications for planning permission,
taking account of an Environmental Impact https://www.opr.ie/wp-content/
Assessment Report (EIAR). An EIAR is a report uploads/2019/08/2018-Environmental-
or statement of the effects, if any, which Impact-Assessment-1.pdf
the proposed project, if carried out, would
have on the environment. The EIAR must be 5. How is an EIA carried out?
prepared by, or on behalf of the developer, The EIA process is made up of five steps as
by qualified and competent experts. The follows:
EIAR informs the EIA process.
i. An Environmental Impact Assessment
EIA identifies, describes and assesses the Report (EIAR) is prepared by the
direct and indirect effects of a proposed developer and submitted with the
project in relation to the following planning application. Details must be
environmental factors: published in the newspaper notice and
site notice accompanying the planning
a. population and human health, application;
b. biodiversity, with particular emphasis on ii. The planning authority must carry
species and habitats protected under EU out consultations, including public
Directives, consultation;
c. land, soil, water, air and climate, iii. The planning authority must carry
d. material assets, cultural heritage and the out an examination of the EIAR,
landscape, and any supplementary information
e. the interaction between the factors provided by the developer and any
mentioned in (a - d). relevant information received through
consultations;
The purpose of EIA is to protect the
environment by ensuring that before
deciding whether to grant planning
Environmental Assessments and Planning in Ireland • 6
iv. The planning authority must provide a 7. When is EIA required for sub-
reasoned conclusion on the significant threshold development?
effects of the project on the environment, Some of the classes of development listed in
taking into account the results of the Schedule 5 above have thresholds beyond
examination and, where appropriate, its which there is a mandatory requirement for
own supplementary examination; and EIA. If the proposed development is listed
v. The reasoned conclusion must then as a class of development but is below the
be integrated into the decision of the threshold, it is referred to as sub-threshold
planning authority. development.
Within the steps above, there can be other In these cases, the planning authority must
important inputs such as screening for EIA consider if the proposed development is
and determining the scope of an EIAR. These likely to have any significant effects on
are dealt with in Questions 8 and 12 below. the environment that should be assessed
through the EIA process. This is known as
6. When is an EIA mandatory? ‘EIA screening’.
The carrying out of an EIA is mandatory for
the types of development listed in Part 1 8. EIA Screening
or Part 2 of Schedule 5 to the Planning and For relatively simple cases, screening can be
Development Regulations 2001, as amended. done through a ‘preliminary examination’ of
These are developments considered to the proposal. However, if there is any doubt
be likely to have significant effects on the as to whether an EIA is required, a more
environment. Examples of projects include detailed process known as a ‘screening’ must
certain power stations, airports, railways, be carried out and concluded in a ‘screening
ports, waste disposal activities and certain determination’ by the competent authority
overhead power lines, pig and poultry (i.e. the planning authority in this instance).
farms and larger housing (>500 dwellings) The decision as to whether a preliminary
and retail (> 10,000 square metres area) examination or screening determination is
developments. required is made by the planning authority.
EIA is also mandatory for certain categories No additional documentation is required
of changes or extensions to an existing to be submitted with the application
development, for example, an extension to a where a proposal can be considered under
pig farm over a certain size. ‘preliminary examination’. If a ‘screening
determination’ is required, the developer
must submit certain information, known as aEnvironmental Assessments and Planning in Ireland • 7
Schedule 7A Report or EIA Screening Report, (a) the characteristics of the proposed
to the planning authority. development (including scale,
demolition, use of natural resources,
The planning authority must also notify the waste production, pollution and risk of
developer of its decision if it has carried out major accidents);
a screening determination, and this must (b) the location proposed (including
be done within eight weeks (except for environmental sensitivity and absorption
exceptional circumstances). There is no such capacity); and
requirement for notification in the case of a (c) the type and characteristics of potential
preliminary examination. impacts (including the size of the area
affected, the scale of the impact, how
When making a determination in relation to likely the impact is to occur and the
screening for EIA, the planning authority will duration of any impact).
consider the following:
Where the planning authority decides that
there is no real likelihood of significant
effects on the environment, then an EIA (or
EIAR) is not required.Environmental Assessments and Planning in Ireland • 8
Where the planning authority decides that 9. What is an application for a
there is a real likelihood of significant screening determination and how
effects on the environment then the is it made?
developer must prepare and submit an EIAR, A separate application for a screening
and the planning authority must carry out determination can also be made to the
an EIA. planning authority independent of the
planning application process. The planning
In the case of appeals to An Bord Pleanála, authority must issue a decision within a
it is also required to carry out EIA screening, statutory period of either three or four weeks
where relevant, even if the process has (depending on the circumstances). Where
already been undertaken by the planning the applicant disagrees with the outcome,
authority. In these cases, the outcome of a or where the planning authority has not
screening determination may be notified to issued its determination within the statutory
the developer before the planning appeal period, the matter can be referred to An Bord
decision because of the different timeframes Pleanála for review.
involved.Environmental Assessments and Planning in Ireland • 9
Under this process, a screening for information, the planning authority has a
Appropriate Assessment (see Question 20 further three weeks to give a written scoping
below) must be carried out by the planning opinion.
authority or An Bord Pleanála, at the same
time. There is no obligation for public participation
at this stage, however, the scoping opinion
10. Can a member of the public must be made public and the planning
seek a screening determination authority is permitted to take into account
in respect of a local authority any unsolicited submissions made by
development? members of the public.
Any person may apply to An Bord Pleanála
for a screening determination where a 13. What is an Environmental
local authority proposes to carry out a Impact Assessment Report
development and he/she considers that (EIAR)?
the development would be likely to have An EIAR is a document that provides
significant effects on the environment. information on the direct and indirect
impact(s) that a proposed project is likely to
11. Do the exempted development have on the environment. An EIAR must be
provisions apply to development prepared by, or on behalf of the developer,
where EIA is required? by qualified and competent experts, and
The provisions relating to an exemption decision-makers must ensure they have
from the need to obtain planning permission sufficient expertise to examine the EIAR.
(exempted development) do not apply if EIA
is required. In general, the EIAR should include the
following:
12. What is involved in the
scoping process? • a description of the project, including
A developer may also request the planning information on the site, design, size and
authority to provide an overview of the any other relevant features of the project;
information likely to be important during • a description of the likely significant effects
EIA, this is termed as ‘scoping’. The scoping of the project on the environment;
opinion should set out the range and level • a description of the features of the project
of detail required in the EIAR. Where such a and/or measures envisaged in order to
request is received, the planning authority avoid, prevent or reduce and, if possible,
must give notice to specified bodies and offset likely significant adverse effects on
request their observations within four weeks the environment;
of such notice. Subject to having sufficientEnvironmental Assessments and Planning in Ireland • 10
• a description of the reasonable alternatives within the time limit and accompanied by
studied relevant to the project and an the fee must be considered by the planning
indication of the main reasons for the authority in its decision.
option chosen, taking into account the
effects of the project on the environment; 15. Will I be notified of the
and planning application decision on
• a non-technical summary. cases involving EIAR?
The planning authority will inform all
14. How can members of the persons, who made a valid submission, of
public participate in the EIA its decision. Any member of the public who
process? made a valid submission can appeal the
The EIA process allows for a large degree decision of the planning authority to An Bord
of public involvement. The EIAR may be Pleanála.
inspected at the offices of the relevant
planning authority and a copy can be Following recent changes to planning
purchased there. The public are notified legislation, a grant of permission must
of any planning application that is include more information than it did
accompanied by an EIAR through the previously, including:
following means:
• the reasoned conclusion of the competent
• the public notices published by the authority on the significant effects on the
developer; environment;
• the weekly lists of planning applications • any environmental conditions attached;
published by the planning authority; • a description of any features and measures
• access to application particulars via the envisaged to avoid, prevent or reduce
planning authority’s website and through and, if possible, offset significant adverse
their offices; and effects on the environment; (‘mitigation
• the Department of Housing, Local measures’); and
Government and Heritage’s dedicated • monitoring measures, where appropriate.
EIA Portal which hosts the details of all
EIA applications to various competent Any decision to refuse development must
authorities in Ireland, including those to also state the main reasons for refusal.
planning authorities.
The planning authority must give careful
Members of the public have a period of consideration to the conclusion of the
five weeks from the receipt of a planning EIA process as to whether the proposed
application to make submissions to the development is likely to have significant
planning authority. The required fee is €20,
and any submissions that are receivedEnvironmental Assessments and Planning in Ireland • 11
effects on the environment after mitigation 16. Environmental Impact
measures are taken into account. Assessment and Appropriate
Assessment
However, planning permission can still In many cases an application for
be granted even if some negative effects development consent will involve both EIA
are identified, as the planning authority under the EIA Directive and an Appropriate
must weigh up this conclusion against the Assessment (AA) carried out under
arguments in favour of the development. the Habitats Directive. EIA is a holistic
assessment of the potential impact on the
A negative assessment does not, therefore, overall environment, whereas AA is a specific
necessarily dictate that a proposed project assessment dealing with designated areas
must be refused permission (this differs that are ecologically sensitive. While there
to the Appropriate Assessment process, may be some overlap between these two
detailed below in Question 17). In addition, assessments, there are also significant
as in any case of a grant of planning differences.
permission, the granting of such permission
does not remove the developers statutory Appropriate Assessment
obligations or requirements under any other 17. What is Appropriate
statutory enactments or regulations. Assessment?
An Appropriate Assessment (AA) is a
detailed study of the likely impacts of a
proposed plan or project on the ecology of
a designated European site (also known as aEnvironmental Assessments and Planning in Ireland • 12
Natura 2000 site). A plan or project can only 18. Who carries out AA for plans
be approved, where it can be demonstrated and projects?
beyond reasonable scientific doubt, that it Both plans and projects are subject to the
will not negatively affect the integrity of a AA process. In the case of plans, such as
Natura 2000 site. county and city development plans or local
area plans, the process is carried out by the
The EU Birds Directive in 1979 and the planning authority, who must be satisfied
Habitats Directive in 1992 established that the plan would not adversely affect the
the Natura 2000 network of sites of the integrity of a Natura 2000 site before the plan
highest biodiversity importance for rare and is adopted.
threatened habitats and species across the
EU. In the case of projects, the AA process is
carried out by the planning authority or An
National guidance for planning authorities Bord Pleanála prior to deciding whether or
on AA of plans and projects in Ireland was not to grant planning permission. Where
published by the Department of Housing, relevant, AA must be carried out by An Bord
Local Government and Heritage in 2009 Pleanála on appeal, even if it has already
and updated in 2010 and is available at the been undertaken by the planning authority.
following link:
19. What is a Natura 2000 Site?
http://www.npws.ie/sites/default/files/ Natura 2000 is a pan-European network
publications/pdf/NPWS_2009_AA_Guidance. of ecologically important sites. A Natura
pdf 2000 site is a site that has been designated
as a nature protection area as part of theEnvironmental Assessments and Planning in Ireland • 13
network. There are two types of Natura AA is required if a plan has potential to
2000 site that are subject to Appropriate have a significant effect on the Natura 2000
Assessment. They are Special Areas of network, or if the effects are uncertain.
Conservation (SACs) and Special Protection Where AA is required for a plan, a Natura
Areas (SPAs). These sites are designated Impact Report (NIR) must be prepared to
areas for the protection and conservation address the implications of the plan, on its
of certain habitats and species. Each Natura own or in combination with other plans or
2000 site has site-specific conservation projects, on the Natura 2000 network. The
objectives which aim to define favourable NIR addresses issues including mitigation,
conservation conditions for a particular alternatives, IROPI and compensatory
habitat or species at that site. measures, as necessary. The NIR is placed
on display with the draft plan as part of the
Appropriate Assessment only applies to public consultation process.
SACs and SPAs. It does not apply to other
ecologically designated areas such as The AA process informs the formulation
Natural Heritage Areas or National Parks. of the plans policies and objectives and
decisions made relating to these.
20. What is screening for AA?
The screening process determines whether The final plan must include a statement
or not a plan or project requires an AA of summarising how the ecological
the likely significant impacts on a Natura considerations in relation to Natura 2000
2000 site. In order for a plan or project to be sites have been integrated into the plan and
screened out from requiring AA, it must be an AA conclusion statement.
proven beyond scientific doubt, that no such
significant impacts are likely to result from 22. If AA is required for a project
the implementation of the proposed plan or or development proposal
project. what documentation must be
submitted?
No mitigation measures can be relied upon If AA is required for a project or development
to reach this conclusion. If there is any proposal, a Natura Impact Statement (NIS)
doubt, then the plan or project should be must be submitted to the planning authority
screened in and a full AA must be carried out. (as the competent authority for the purposes
of decision-making under the Directives) by
21. What happens if AA is the applicant. This is a scientific study of the
required for a plan? likely impact of the proposed development
AA screening for plans takes place in tandem on the integrity of the Natura 2000 site that
with the preparation of the Issues Paper. may be affected.Environmental Assessments and Planning in Ireland • 14
Members of the public have an opportunity to An Bord Pleanála and submit a NIS. The
to make a submission to the planning local authority must publish notices and
authority during the five week consultation the public have the opportunity to make
period. submissions.
The planning authority must then consider Any member of the public who believes
the NIS, any other relevant information a proposed local authority development
submitted with the application, and any would likely impact significantly on a Natura
submissions made during the consultation 2000 site can apply to An Bord Pleanála for a
period, including by members of the public. determination as to whether this is the case.
The AA will consider if the potential impacts
identified at the screening stage can be If An Bord Pleanála agrees with the person
avoided or reduced through the application who made the submission the local authority
of mitigation measures so that no adverse is required to prepare a NIS and apply for
effects on the integrity of the Natura permission from An Bord Pleanála.
2000 site will result from the proposed
development. Conclusion
The law governing the planning system,
23. What are the subsequent including SEA/EIA/AA requirements is
stages of AA? extensive and is set out in the Planning and
If the AA process concludes that adverse Development Act 2000, as amended, and
effects cannot be ruled out, alternative the Planning and Development Regulations
routes can be pursued in order to enable a 2001, as amended. You can purchase
grant of planning permission. These routes these from the Government Publications
include the examination of alternative Sales Office, telephone (01) 6476834 or at
solutions, and a specific statutory process publications@opw.ie or download them
where it is considered that the projects for free from the Department of Housing,
should be allowed to proceed for Imperative Local Government and Heritage’s website
Reasons of Overriding Public Interest (IROPI). www.gov.ie/housing. Legislation is also
These processes are not common in the Irish available to view and download from:
planning system. www.irishstatutebook.ie.
24. What happens if a local You should consult with professionally
authority development requires qualified advisers if the planning matters
AA? you are interested in relate to any of the
If a local authority development requires AA, environmental assessments noted above.
the local authority must apply for permissionOffice of the Planning Regulator Fourth Floor (West Wing) Park House Grangegorman 191-193A North Circular Road Dublin 7 D07 EWV4 opr.ie info@opr.ie 01 854 6700 Disclaimer: Issued January 2021. While every care has been taken in the preparation of this planning information leaflet, the Office of the Planning Regulator assumes no responsibility for and gives no guarantees concerning the accuracy, completeness or up to date nature of the information provided and accepts no liability arising from any errors or omissions. Please notify any errors, omissions and comments by email to info@opr.ie
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