Part XAB of the Planning and Development Act 2000 as inserted by section 57of the Planning and Development (Amendment) Act 2010 deals with the issue of appropriate assessment where such is required under the EU Habitats Directive. (Council Directive 92/43/EEC of 21st May 1992 (as amended)).
Part XAB requires An Bord Pleanála to screen proposed developments for which applications are made to the Board or which are the subject of an appeal to determine if appropriate assessment is required and to carry out the assessment where relevant.
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Section 177AE |
Local authorities are required to make an application to An Bord Pleanála for any proposed development in their functional area, or on the foreshore, where an appropriate assessment under the Habitats Directive is required. |
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Section 181A |
Amendments to the section require a state authority to make an application to An Bord Pleanála for any development prescribed under section 181 where appropriate assessment is required. (The section previously applied only where environment impact assessment was required). |
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Article 250 (Planning and Development Regulations 2001 -as amended) |
Any person may make an application to An Bord Pleanála to determine whether or not development proposed by a local authority requires the carrying out of appropriate assessment. In the event of the Board determining that appropriate assessment is required an application must be made to the Board under section 177AE of the Planning and Development Act 2000 as amended. |
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