Under section 146B of the 2000 Act, the Board may alter the terms of a permission for strategic infrastructure development on the request of any person carrying it out or intending to carry it out. The Board must first decide if the making of the requested alteration would constitute a material alteration and it may invite submissions in relation to the matter from appropriate persons, including the planning authority. The Board will have regard to any submissions made on foot of this invitation in its determination of the matter. Different procedures apply depending on the nature of the proposed alteration, as follows:-
Alteration would not be material
If the Board decides that the alteration would not be material, it may alter the permission and notify the requester and the planning authority for the area, of the alteration. In certain circumstances an NIS may be required for the proposed alteration(s).
Alteration would be material but EIAR not required
Where the Board determines that the alteration would be material but would not be likely to have significant effects on the environment, it may make the alteration, make an alternative alteration or refuse to make the alteration, having required the applicant to make information on the alteration available for public inspection for a specified period and having invited the making of submissions.
Alteration would be material and EIAR required
Where the Board decides that the alteration would be material and likely to have significant effects on the environment, it will require the requester to prepare an EIAR of the proposed alteration or other alteration identified by the Board. When an EIAR is prepared the requester must publish a notice in the normal manner and invite submissions or observations to the Board before a specified date (not less than 4 weeks from the publication of the notice). The requester must also send a copy of the EIAR, together with a notice in the prescribed form, to the local authority concerned inviting submissions or observations in writing to the Board within a specified date in relation to the likely effects on the environment of the proposed alteration. The Board must have regard to any such submissions or observations in making its determination. The Board must give public notice of its determination and will send a copy of the determination to the relevant local authority.