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Functions of the Board: Planning and Development (Strategic Infrastructure) Act 2006

This page outlines our functions introduced by the Planning and Development (Strategic Infrastructure) Act 2006

Strategic Infrastructure Development (SID) under the Planning and Development Acts (as amended by the Planning and Development (Strategic Infrastructure) Act 2006)
 

Category 1: Seventh Schedule SID

Section 37A/37E

Application for permission for a proposed development specified in the Seventh Schedule which has been determined by the Board to qualify as strategic infrastructure development by reference to the criteria set out in section 37A. The application is made directly to the Board.

Section 37B

Request to open mandatory pre-application consultations with the Board in respect of a Seventh Schedule proposed development.

Section 37D

Request by a prospective applicant to scope an Environmental Impact Statement (EIS) for a proposed Seventh Schedule development which has been deemed strategic infrastructure.

Section 37G (10)

Referral to the Board for determination of points of detail which were to be agreed between a developer and the planning authority by the terms of a condition attached to a grant of permission (under section 37G) and were not so agreed.

 

Category 2: Certain State development requiring environmental impact assessment / appropriate assessment

Section 181A/181B

Application for approval by a state authority in respect of certain classes of proposed development specified in article 86 of the Planning and Development Regulations 2001 and which require environmental impact assessment or appropriate assessment (e.g. sensitive security and other such proposed development).

Section 181C(1)

Request by a prospective applicant to open mandatory pre-application consultations with the Board in respect of a proposed development covered by section 181A.

Section 181C(3)(a)

Request by a prospective applicant for a determination by the Board of whether a development or proposed development of a class set out in article 86 is likely to have significant effects on the environment and thus require environmental impact assessment or would require an appropriate assessment under the Habitats Directive.

Section 181C(3)(b)

Request by a prospective applicant to scope an environmental impact statement (EIS) or a proposed natura impact statement (NIS) for a proposed development covered by section 181A.

Section 181B(2)

Grant of exemption by the Board in respect of a proposed development covered by section 181A from a requirement to prepare an EIS or an NIS.

Article 123A

Request to the Board to determine whether a proposed sub-threshold State development under section 181 would be likely to have significant effects on the environment thus requiring an EIS and an approval application under section 181A to the Board.

Article 254

Application to determine whether a proposed State development under section 181 would be likely to have a significant effect on a European site thus requiring appropriate assessment and an approval application under section 181A to the Board.

 

Category 3: Electricity Transmission Strategic Infrastructure Development

Section 182A

Application for approval of proposed development comprising of or for the purposes of electricity transmission as defined in sub-section (9) of section 182A.

Section 182B(2)

Grant of exemption by the Board in respect of a proposed development covered by section 182A from a requirement to prepare an EIS.

Section 182E(1)

Request by a prospective applicant to open mandatory pre-application consultations with the Board in respect of a proposed development covered by section 182A.

Section 182E(3)

Request by a prospective applicant to scope an EIS for a proposed development covered by section 182A.

 

Category 4: Strategic Gas Infrastructure Development

Section 182C

Application for approval of proposed strategic gas infrastructure development as defined in section 2(1) of the Planning and Development Act 2000 (as inserted by section 6 of the Planning and Development (Strategic Infrastructure) Act 2006).

Section 182D(2)

Grant of exemption by the Board in respect of a proposed development covered by section 182C from a requirement to prepare an EIS.

Section 182E(1)

Request by a prospective applicant to open mandatory pre-application consultations with the Board in respect of a proposed development covered by section 182C.

Section 182E(3)

Request by prospective applicant to scope an EIS for a proposed development covered by section 182C.

 

Category 5: Local Authority Strategic Infrastructure Development under the 2000 Act

Please note that there are no provisions requiring pre-application consultations in relation to these local authority applications.

Section 175

Application for approval of local authority proposed development requiring environmental impact assessment within the functional area of the relevant local authority (other than road developments).

Section 175(8)

Grant of exemption by the Board in respect of a proposed development covered by S.175 from a requirement to prepare an EIS.

Article 117 of Planning and Development (Regulations) 2001

Request by a prospective applicant to scope an EIS in respect of a proposed development covered by section 175.

Article 120(3) of Planning and Development (Regulations) 2001

Request to the Board to determine whether a proposed sub-threshold local authority development would be likely to have significant effects on the environment and thus require environmental impact assessment.

Section 226 – Foreshore Development

Application for approval of local authority proposed development which is proposed to be carried out wholly or partly on the foreshore and which requires environmental impact assessment.

Section 175(8)

Grant of exemption by the Board in respect of a proposed development from requirement to prepare an EIS for a proposed development covered by S.226.

Section 226(6)

Referral by a local authority or the Minster for the Communications, Climate Action and Environment to the Board to determine whether a sub-threshold local authority development proposed to be carried out wholly or partly on the foreshore would be likely to have significant effects on the environment and thus require environmental impact assessment.