When to consult DAERA

Statutory consultations

Planning authorities should refer to the table below when deciding if DAERA should be consulted on an application for planning permission.

Legislation	When to consult
The Planning (General Development Procedure) Order (Northern Ireland) 2015 (as amended) (GDPO)	If the development proposal meets one or more of the criteria listed in GDPO 2016 Schedule 3: Part 1; para 2 (a-n) Application for a variation (amendment of condition)
The Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017	Applications accompanied by an Environmental Statement

Non-statutory consultations

As the authority responsible for protecting, regulating and providing advice on the environment, it is appropriate that DAERA is consulted on other non-statutory planning applications which may have impacts on the environment. Planning authorities may consult on the non-statutory consultations set out below.

Application type		When to consult
Pre-application discussion (PAD)	Local	You may not need to issue a consultation. Please refer to DAERA’s guidance and standing advice available at Environmental advice for planning
Regionally Significant/Major	Comprehensive advice and guidance is available on DAERA’s website available at Environmental advice for planning However, you may initiate a non-statutory consultation if required. Please note, the level of detail provided in our response depends on the detail of information submitted. Therefore, it is important that adequate information is provided in support of the application to ensure that DAERA can fully consider the development proposal and respond within agreed timescales.
EIA Scoping	Local	You may not need to issue a consultation. Please refer to DAERA’s published guidance and standing advice available at Environmental advice for planning to assist in making an opinion as to the scope and level of information to be submitted with an EIA application specific to our areas of environmental responsibilities.
Regionally Significant/Major	You may initiate a non-statutory consultation when making an opinion as to the scope and level of information to be submitted with an EIA application. We will provide comments across DAERA’s areas of environmental responsibility, as appropriate. Please note, the level of detail provided in our response depends on the detail of information submitted.
Discharge of Conditions	You may initiate a non-statutory consultation where conditions directly relate to our environmental responsibilities and were recommended for inclusion on the decision notice by DAERA.

Proposal of Application Notice (PAN)

It may not be necessary for a planning authority to formally consult DAERA on a proposal of application received by the planning authority. To ensure that DAERA has been made aware of forthcoming planning applications in which it may have an interest, a copy of the notification should be sent directly to planningresponse.team@daera-ni.gov.uk. Planning authorities may consult DAERA as part of the formal pre-application discussion process.

Non-material change

For planning applications where a proposal does not include material changes, there is unlikely to be significant environmental impacts. Consultation may therefore not be necessary. Planning authorities should refer to DAERA’s guidance and standing advice.

Objection letters/representations

DAERA does not generally wish to be consulted on third party representations made on an application. The planning authority should refer to our substantive response and published guidance when considering concerns raised by objectors. The planning authority may raise a non-statutory consultation where clarification of DAERA’s response is required or comments are sought on specific points that have not been addressed in our response.

Please note, in the absence of DAERA comment, no inference can be made on DAERA’s position with regard to environmental impacts. It is the responsibility of the planning authority to ensure that all risks to the environment and environmental legislation requirements have been considered

Responsibilities under other environmental legislation

The Habitats Regulations

As the competent authority under The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended), planning authorities are required to carry out Habitat Regulations Assessments (HRAs) before a planning decision is made.

Environmental licences and consents

Certain developments may also require environmental licences / consents to prevent or minimise adverse effects on the environment. Whilst planning and licensing are separate and distinct regimes, DAERA may provide regulatory advice at the planning stage to help identify potential risks to the environment thereby improving decision making, reducing costs and avoiding wasted time and effort.