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 Environmental Impact Assessment
This s a simple guide to Environmental Impact
Assessment (EIA) within the planning system.
This is intended as a practical guide to the operation
of the procedures which apply where an Environmental
Impact Statement (EIS) is required as part of a planning
application. It is not a definitive interpretation of planning
law. For more information you should contact Sligo Borough Council.
1. What is Environmental Impact Assessment (EIA)?
Environmental Impact Assessment (EIA) is a procedure for:
- systematic examination of the likely significant effects on
the environment of a proposed development;
- ensuring that adequate consideration is given to any such
effects; and
- avoiding, reducing or offsetting any significant adverse
effects.
The process begins with the preparation of an
Environmental Impact Statement (EIS) by the developer.
Active public involvement in the assessment of the EIS is
encouraged. The assessment procedure is carried out by
the planning authority as part of the processing of the
relevant planning application and by An Bord Pleanála in the
event of an appeal. The EIA procedure is designed to
ensure that measures to improve a proposal can be taken at
the earliest opportunity.
2. What types of development require EIA?
Generally, large scale developments, including agriculture,
food industry, chemical industry, infrastructure and urban
developments, require an EIA. In some cases, EIA is
mandatory irrespective of the size of the project. In most
cases, however, a threshold is set and if this is exceeded, the
project must be subject to EIA. Even if thresholds are not
exceeded, the planning authority (or An Bord Pleanála in the
case of a planning appeal) must require the preparation of an
EIS if it considers that the project would have significant
effects on the environment. The full list of projects and
threshold limits are set out in Schedule 5 to the Planning and
Development Regulations 2001 to 2002.
3. How does EIA work?
The developer prepares an Environmental Impact Statement
(EIS), which is submitted with the planning application for
assessment as part of the planning authority’s consideration
of the application. (It is not possible to apply for outline
permission in EIA cases because of the type of detailed
information required in an EIS). The newspaper and site
notices relating to the planning application must refer to the
EIS. The EIS is available for inspection and purchase at the
offices of the planning authority. Any member of the public
or any organisation may comment on the project and its
possible environmental effects on payment of the required
fee. These comments must be taken into account by the
planning authority. The decision of the planning authority on
the application can be appealed to An Bord Pleanála in the normal way.
4. What is an EIS?
An Environmental Impact Statement (EIS) should contain an
analysis of the likely effects, good and bad, of a project on
the environment. It will set out any measures to be taken to
avoid or moderate any adverse environmental effects and
should identify decisions already taken by the developer for
this purpose.
5. What does an EIS include?
It must include:
- a description of the proposed development;
- an outline of alternatives (e.g. processes or locations)
studied by the developer;
- data necessary to identify and assess the main effects
which it is likely to have on the environment; and
- a description of these effects by reference to many
factors such as people, flora, fauna, soil, water, air,
landscape, cultural heritage, etc.
Where significant adverse effects are identified, the
statement must also include:
- a description of the measures envisaged to avoid, reduce
or remedy these effects.
The EIS must contain a non-technical summary so that it can
be understood by the lay person.
6. Do I need help preparing an EIS?
EIS’s can be complex documents, sometimes of a highly
technical nature. It will almost certainly be necessary to
engage experts in various fields when preparing an EIS. You
are strongly advised to contact the planning authority for
pre-application consultations if your proposal involves
preparation of an EIS. These will help you scope the EIS i.e.
help identify which aspects should be covered, the amount of
detail required and relevant agencies who should be
consulted e.g. EPA, Dúchas. Careful scoping will ensure that
your EIS addresses all important issues, and will help avoid
requests for further information, which could delay a
decision on your application.
The EPA has published Guidelines on the Information to be
contained in Environmental Impact Statements. Regard must
be had to EPA Guidelines when preparing an EIS. For
further information on the Guidelines you may contact the
Environmental Protection Agency at (053) 60600 or at its
website www.epa.ie.
7. How long does the EIA process take?
A planning authority must decide an application with an EIS
within 8 weeks of its receipt, or where further information
has been requested from the applicant, within 8 weeks of
receipt of that information.
8. How will I know an EIS has been submitted?
Where an EIS is to accompany an application for planning
permission, the press notice and site notice must include a
reference to the EIS. See PL. 2 for further information in
relation to press and site notice requirements. The weekly
list of planning applications published by planning authorities
must identify any case which involves an EIS. Such lists are
made available to residents’ associations, interest groups etc.
on request.
9. Where can I see an EIS?
An EIS is available for public inspection, free of charge, at the
offices of the planning authority during office hours, from the
date of receipt of the EIS. Where the decision of the
planning authority is appealed to An Bord Pleanála, the EIS
will also be available at the offices of the Board.
10. Can I get a copy of an EIS?
Yes. A copy of any EIS or extracts from the EIS can be
purchased at a reasonable cost from the planning authority
or An Bord Pleanála.
11. Can I comment on an EIS?
Yes. As with all planning applications, any person or
organisation may comment in writing on an application
which includes an EIS. The planning authority is obliged to
take account of all submissions and observations when
making its decision on the application. Comments must be
made, subject to payment of the required fee, within the
period of 5 weeks from the date of receipt by the planning
authority of the application.
12. Where do I make my comments?
You should address all comments relating to an EIS, in
writing, to the planning authority dealing with the planning
application.
13. Will I be informed of the decision?
Yes. The planning authority is obliged to inform, by post,
anyone who has made written comments, within 3 days of
its decision on a planning application, including one involving
an EIS.
14. Can I appeal against a planning decision?
Yes. Any person who makes a valid submission on a
planning application (including one involving an EIS) can
appeal, on payment of the required fee to An Bord Pleanála.
Written observations on someone else’s appeal can be
made. The Board must publish a newspaper notice of any
appeal involving an EIS.
For details on the appeals process, fees, time limits, etc. see
PL.10 - Making a Planning Appeal.
15. Can An Bord Pleanála request the submission of an
EIS?
When an appeal is made to the Board, and the Board
considers the project would have significant effects on the
environment, it must require the developer to prepare an
EIS, where the planning authority did not look for one. The
processing of the appeal will be held in abeyance until the
EIS, and any other information requested, has been
received. Public notice of receipt of the EIS will be given by
the Board. The EIS will be available for inspection or
purchase at the Board’s offices and also at the offices of the
planning authority.
16. What is the role of the Environmental Protection
Agency?
The EPA has responsibility for preventing and controlling
environmental emissions from certain activities with
potential for significant impact on the environment,
through the operation of a system of integrated pollution
control (IPC) licensing. The objective of the IPC system is
to ensure that relevant activities operate to a standard
which provides a high level of protection for the
environment. The system is based on the application of
BATNEEC (best available technology not entailing
excessive costs) in order to prevent or eliminate, or
where that is not practicable, to limit, abate or reduce
emissions from activities.
Such development activities require planning consent and
an IPC licence. The projects to be licensed by the EPA are
set out in the First Schedule to the Environmental
Protection Agency Act 1992. In cases where an EIS is
required to be submitted with a planning application to a
planning authority, the EIS must also accompany the
application to the EPA for an IPC licence. For further
information in relation to IPC licensing, please contact the
Environmental Protection Agency at (053) 60600 or at its
website, www.epa.ie.
Article 28(1)(I) of the Planning and Development
Regulations 2001 to 2002 requires a planning authority to
notify the EPA of a planning application where the
development comprises or is for the purposes of an
activity in relation to which an IPC licence is required. The
notification to the EPA must include a copy of the planning
application and any EIS. The EPA is given 5 weeks from
the date of the application to make a submission or
observation in relation to the application.
Section 98(1) of the EPA Act 1992 (as amended by section
256 of the 2000 Planning Act) provides that, where a
planning authority decides to grant planning permission for
development which comprises or is for the purposes of an
activity in relation to which an IPC licence is required, it
cannot impose conditions which are for the purposes,
inter alia, of controlling emissions from the operation of
the activity, including the prevention, limitation,
elimination, abatement or reduction of those emissions.
However, Section 98(1)(A) of the EPA Act 1992 (as
inserted by section 256 of the 2000 Planning Act) allows a
planning authority to refuse planning permission for such a
development where it considers that the development is
unacceptable on environmental grounds.
The law governing the planning system, including EIA
requirements, is set out in the Planning and Development
Acts 2000 and 2001 and the Planning and Development
Regulations 2001 to 2002.The Environmental Protection
Agency Act, 1992, and the Environmental Protection
Agency (Licensing) Regulations, 1994 (S.I. No. 85 of 1994)
set out requirements for cases requiring IPC licensing. All
legislation may be purchased from the Government
Publications Sales Office, Sun Alliance House, Molesworth
Street, Dublin 2, Telephone (01) 6476995/4.
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Planning Section
Sligo Borough Council,
City Hall,
Quay St.,
Sligo.
Phone No (071) 9114505
Fax No (071) 9114499
Hours: 9.30am - 4.30pm
Monday-Friday
email us
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