Updates

The Planning (Environmental Assessment and Miscellaneous Amendments (EU Exit) (Northern Ireland) Regulations 2018

  • Legal

Jurisdiction: Northern Ireland

Commencement: 28th March 2019

Amends:

  1. The Planning (Local Development Plan) Regulations (Northern Ireland) 2015
  2. The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015
  3. The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015
  4. The Planning (General development Procedure) Order (Northern Ireland) 2015
  5. The Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015
  6. The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

 

Amendment

Amendment to The Planning (Local Development Plan) Regulations (Northern Ireland) 2015

This amendment makes changes to ensure that The Planning (Local Development Plan) Regulations (Northern Ireland) 2015 function correctly when the UK leaves the EU. There have been amendments made in Regulation 14, with reference to the EU Directive in the requirement to consider objectives of preventing major accidents and limiting their consequences on human health and the environment in Local Development Plans.

 

Amendment to The Planning (Management of Waste from Extractive Industries) Regulations (Northern Ireland) 2015

Amendments are made to several Regulations to ensure that existing reference to Directive 2000/60/EC, Directive 2012/18/EU, Regulation (EC) No. 1272/2008, Directive 1996/82/EC, Directive 2006/118/EC, Directive 2006/11/EC will continue to work after exit.

 

Amendment to The Planning (General development Procedure) Order (Northern Ireland) 2015

Under Schedule 3 (Consultation Arrangements), all references to Article 11 of Directive 2012/18/EU are replaced with Regulation 6(6) of the Control of Major Accident Hazards (COMAH) Regulations (Northern Ireland) 2015.

 

Amendments to The Planning (Hazardous Substances) (No. 2) Regulations (Northern Ireland) 2015

Amendments are made to several Regulations to ensure that an existing cross reference to Directive 2012/18/EU and Directive 2011/92/EU will continue to work after exit.

 

The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017

Amendments are made to several Regulations to ensure that an existing cross reference to Directive 2011/92/EU will continue to work after exit.

Some references to the Directive are removed and paragraphs within the legislation are inserted. Schedule 1 & 2 where reference is made to Directive 2009/31/EC, have included reference to the Energy Act 2008 and is also included and it is made clear that any updates to Directive 2009/31/EC after exit day will not be relevant to this Regulations. Schedule 4 is amended to make it clear that any updates to the Directives referred to in this Regulation after exit day will not be relevant to this Regulation.

 

Link to full government text

 

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