Environmental Impact Assessment

1. What is Environmental Impact Assessment (EIA)?

Environmental Impact Assessment (EIA) is a procedure that examins 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 anEnvironmental 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 Laois County Council 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 atthe earliest opportunity.

2. What types of development require EIA?

Generally, large scale developments, including agriculture, food industry, chemical industry, infrastructure and urbandevelopments, 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, Laois County Council (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.

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 our 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 our offices. Any member of the public or any organisation may comment on the project and its possible environmental effects ( there is a fee). These comments must be taken into account by us. The decision of the Council 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 onthe 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 us 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?

We 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. The weekly list of planning applications published by Laois County Council 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 Laois County Council 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 us  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. We will  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 of the application.

12. Where do I make my comments?

You should address all comments relating to an EIS, in writing, to us dealing with the planning application.

13. Will I be informed of the decision?

Yes. We will 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.

15. Can An Bord Pleanála request the submission of anEIS?

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.