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AA Applications - Section 177AE: Plans, Particulars and Other Considerations

3. Plans, Particulars and Other Considerations

3.1 This section sets out the ‘in general’ information required by An Bord Pleanála under plans, particulars and other considerations. Dependent on the nature, scale and complexity of the proposed development and the receiving environment, not all of the information described under the headings below may be applicable. Local authorities should use their knowledge of the area and expertise to decide which might be relevant in a particular case.

3.2 The local authority may wish to combine the various reports as may be required from the matters highlighted into a single volume. This would include the Natura Impact Statement itself and additional commentary in regard to relevant planning matters and the likely effects on the environment.

Plans:

The nature and extent of the proposed development should be fully described in drawing form including provision of

  • site location plan
  • scaled site layout plan,
  • plans, elevations and sections of all aspects of the proposed development for which approval is sought:
  • Insofar as is relevant to the application for approval being made and having regard to the specific requirements as set out in s. 177AE, note should be taken of the provisions of articles 23 and 83 of the Planning and Development Regulations, 2001 (as amended) concerning plans, drawings and maps lodged.
  • Where the application relates to proposed development remote from a recognised settlement, the site location map should identify the location of the proposed development site relative to the nearest identifiable settlement.
  • Details in relation to proposed plant, infrastructure or equipment (for example proposals for waste water treatment facilities or water pipelines) should be provided as far as possible. This should include plans and elevations (including in the context of the structures to which they may be affixed), sections and technical specifications.
  • Construction methodology statements describing the full extent of all aspects of the proposed development including location of any site compounds, car parking, materials storage areas, lagoons etc. and mitigation measures where proposed.

Particulars:

Effects on the environment of the proposed development include:

  • full description of proposed development including details of construction and operational phases and impacts, likely emissions and/or discharges, phasing, and any mitigation measures proposed;
  • protected Structures, Architectural Conservation Area (ACA), archaeological sites or ancient monuments or other built heritage etc. immediately impacted upon or in vicinity whose setting might be affected;
  • impact on other designated sites such as Natural Heritage Areas;
  • adequacy of the public or other water supply;
  • public sewerage facilities and capacity to facilitate the proposed development;
  • availability and capacity of surface water drainage facilities and any history of flooding relevant to the site;
  • flood risk assessment in accordance with The Planning System and Flood Risk Management – Guidelines for Planning Authorities (November 2009);
  • hydrological / hydrogeological assessment of project;
  • assessment under the Water Framework Directive and associated regulations including any capacity of receiving waters to assimilate any additional discharge loadings in accordance with water quality standards and objectives;
  • assessment of landscape status and visual impact, as appropriate;
  • carrying capacity and safety of road network serving the proposed development;
  • the likely significant impact arising from the proposed development, if carried out including impacts on amenities of properties in vicinity;
  • air, odour and noise emission assessments; and
  • any Special Amenity Area Order (SAAO) which may be affected by the proposed development.

The likely consequences for proper planning and sustainable development in the area in which it is proposed to situate the development

  • justification for the project;
  • main Development Plan provisions relating to the subject site and surrounding area including any relevant Core Strategy provisions;
  • relevant planning history relating to the subject site and the surrounding area;
  • relevant national, regional and local policies; and
  • description of use of adjoining, abutting or adjacent lands.

The likely significant effects of the proposed development on a European site (the Natura Impact Statement - NIS)

As defined under s. 177T of the 2000 Act (as amended) an NIS constitutes a

“ …statement for the purposes of Article 6 of the Habitats Directive, of the implications of a proposed development, on its own or in combination with other plans or projects for one or more than one European site, in view of the conservation objectives of the site or sites” and shall include “ .. a report of a scientific examination of evidence and data, carried out by competent persons to identify and classify any implications for one or more than one European site in view of the conservation objectives of the site or sites”.

An Bord Pleanála as the Competent Authority carrying out the appropriate assessment on these cases should be provided with documentation based on the appropriate information. This would include any survey work results, baseline studies and further analysis and assessment of the effects of the proposed development on a European site(s). In absence of such An Bord Pleanála may have to consider refusing to approve the proposed development, to use its powers under s. 177AE(5)(a)(i) to seek further information, to make alterations to the proposed development or to invite a revised NIS.

It is considered that a thorough and complete NIS and its inclusion into a single comprehensive report should provide the necessary information required to facilitate An Bord Pleanála in its timely determination of the case.

Guidance on appropriate assessment and information to be contained in an NIS is available elsewhere. This includes

  • DOEHLG (2010) Appropriate Assessment of Plans and Projects in Ireland. Guidance for Planning Authorities (as revised 2010)
  • European Commission (2000) Managing Natura 2000 Sites. The provisions of Article 6 of the ‘Habitats Directive’ 92/43/EEC
  • European Commission (2002) Assessment of plans and projects significantly affecting Natura 2000 sites. Methodological guidance on the provisions of Article 6(3) and 6(4) of the ‘Habitats Directive’ 92/43/EC
  • European Commission (2007a) A Guidance Document on Article 6(4) of the ‘Habitats Directive’ 92/43/EEC. Clarification of the concepts of alternative solutions, imperative reasons of overriding public interest, compensatory measures, overall coherence, opinion of the Commission.