AA Applications - Section 177AE: Appendix - Screening

Appendix - Screening

A.1 An application to An Bord Pleanála will be made under s.177AE where a local authority has screened a proposed development and determined that individually or in combination with others it will likely have a significant effect on a European site in view of the site’s conservation objectives.

A.2 Local authorities are reminded that, where such screening is completed and consequently a decision is made that appropriate assessment and an application under s. 177AE is not required for a development proposed to be carried out, that a formal review of this decision can be requested of An Bord Pleanála by another party (Art 250(3)(b) of the Regulations). Local authorities themselves can also avail of this procedure should they wish to seek a determination from An Bord Pleanála on their proposed project.

A.3 Where a local authority makes a determination that a proposed development would not be likely to have a significant effect on a European site, the determination including the main reasons and considerations on which it was based should be made available for inspection or purchase.

A.4 Article 120(3)(a) of the Regulations provides that where An Bord Pleanála considers that a sub-threshold development proposed to be carried out by a local authority would be likely to have significant effects on the environment, it shall require the local authority to prepare, or cause to be prepared, an EIS in respect of the development. It is open to a local authority to make an application to An Bord Pleanála for such a determination (EIS) and an appropriate assessment determination (NIS) in respect of a development that it proposes to carry out. Such applications may be made simultaneously. No fee is required for such applications.