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22 2004

National Monuments (Amendment) Act 2004

SCHEDULE 1

Section 5 .

Text of Schedule 7 to the Planning and Development Regulations 2001

CRITERIA FOR DETERMINING WHETHER A DEVELOPMENT WOULD OR WOULD NOT BE LIKELY TO HAVE SIGNIFICANT EFFECTS ON THE ENVIRONMENT

Articles 103, 109 and 120

1. Characteristics of proposed development

The characteristics of proposed development, in particular:

—  the size of the proposed development,

—  the cumulation with other proposed development,

—  the use of natural resources,

—  the production of waste,

—  pollution and nuisances,

—  the risk of accidents, having regard to substances or technologies used.

2. Location of proposed development

The environmental sensitivity of geographical areas likely to be affected by proposed development, having regard in particular to:

—  the existing land use,

—  the relative abundance, quality and regenerative capacity or natural resources in the area,

—  the absorption capacity of the natural environment, paying particular attention to the following areas:

(a) wetlands,

(b) coastal zones,

(c) mountain and forest areas,

(d) nature reserves and parks,

(e) areas classified or protected under legislation, including special protection areas designated pursuant to Council Directive 79/409/EEC of 2 April 1979 and Council Directive 92/43/EEC of 21 May 1992,

(f) areas in which the environmental quality standards laid down in legislation of the European Communities have already been exceeded,

(g) densely populated areas,

(h) landscapes of historical, cultural or archaeological significance.

3. Characteristics of potential impacts

The potential significant effects of proposed development in relation to criteria set out under paragraphs 1 and 2 above, and having regard in particular to:

—  the extent of the impact (geographical area and size of the affected population),

—  the transfrontier nature of the impact,

—  the magnitude and complexity of the impact,

—  the probability of the impact,

—  the duration, frequency and reversibility of the impact.