Public Consultation Environmental Impact Assessments Screening Thresholds

The Department is currently reviewing its approach to Environmental Impact Assessment (EIA) screening in the planning system with a view to reviewing existing inclusion thresholds and introducing new exclusion thresholds. Our existing EIA screening thresholds have been in place for over 20 years and require review.

This review coincides with new regulations that are being drafted to accompany and allow for the enactment of the new Planning and Development Act 2024. Section 225 of the Planning and Development Act, 2024 provides for the Minister to set both inclusion and exclusion thresholds. This transposes Article 4(2) and 4(3) of the EIA Directive which allows Member States to set inclusion and exclusion thresholds.

It is therefore timely and appropriate to review the current screening thresholds and to provide for a traffic light approach to screening for EIA i.e. with the use of both inclusionary and exclusionary thresholds. This will provide for:

• greater consistency in EIA screening decision making:
• give clarity in the screening process to key stakeholders including members of the public, planning permission applicants and planning authorities:
• deliver a more robust transposition of the EIA Directive; and
• align more closely with the approach taken by other Member States.

The aim is to balance the need to protect the environment (by ensuring that all projects with potentially significant effects on the environment undergo an impact assessment) with the need to avoid placing unnecessary administrative burdens on sub-threshold project developers.

In tandem with the recent consultation on exempted development, the Department sought the views of stakeholders, including government departments and agencies, on EIA screening thresholds. This focused consultation led to requests for consideration of changes to project categories including: dwelling units, urban development, waste water treatment plants, restructuring of rural land holdings, wind farms, industrial estate developments, flood relief works, roads, camp sites and theme parks.

We are holding this public consultation to give additional stakeholders an opportunity to submit their views on the introduction of exclusion thresholds. Your feedback is important and it will be carefully assessed during the decision making stage.

The objective of the Environmental Impact Assessment Directive (the Directive) is to ensure a high level of protection of the environment and human health, through the establishment of minimum requirements for EIA, prior to development consent being given for public and private developments that are likely to have significant effects on the environment.

EIA is mandatory for a wide variety of projects including but not limited to nuclear power stations, long-distance railways, motorways, express roads, waste disposal installations for hazardous waste and dams of a certain capacity. These projects are listed in Annex I of the Directive, and are transposed into the Planning system by Part 1 of Schedule 5 of the Planning and Development Regulations 2001.

For other projects, ranging from roads, canalisation, and flood relief works to urban, industrial and tourism developments, individual Member States decide either by a case by case basis, setting specific criteria (such as the location, size or type of project) or a combinations of both if a development needs an EIA, this process is called screening.

The purpose of the screening process, set out in Article 4 of the EIA Directive, is to determine whether an EIA is required for specific projects listed in Annex II of the Directive. These projects are transposed into the Planning system by Part 2 of Schedule 5 of the Planning and Development Regulations 2001. The Directive also sets out the detailed processes required to make a screening determination and enables Member States to set thresholds and/or criteria to determine when projects listed in Annex II: require mandatory EIA (above inclusion threshold); require screening for EIA (below inclusion threshold); or do not require screening for EIA (below exclusion threshold).

The use of inclusion and exclusion thresholds for EIA screening purposes, which determine when an EIA is needed, when screening for EIA is needed or when neither EIA nor screening for EIA is necessary is commonly referred to as a ‘traffic light’ approach.

Presently, there are inclusion thresholds in place for the projects listed in Part 2 of Schedule 5 of the Planning and Development Regulations 2001 which determine when an EIA is required. No exclusion thresholds have been applied in the planning system to date.

Part 2 of Schedule 5 of the Planning and Development Regulations 2001, which lists those projects that must undergo an EIA (where the threshold is reached) or be screened for EIA (where the threshold is not reached), is divided into 15 categories of development type.

This consultation is focussed on the introduction of a traffic light system of screening for environmental impact assessment, mainly on thresholds related to the following infrastructure projects: ‘Construction of dwelling units’ (Schedule 5, Part 2, paragraph 10(b)(i)), ‘Urban development’ (Schedule 5, Part 2, paragraph 10(b)(iv)), and 'Wastewater Treatment Plants' (Schedule 5, Part 2, paragraph 11(c)).

The current EIA inclusion thresholds can be found in the document entitled ‘EIA Screening Thresholds’.

The introduction of exclusionary thresholds is intended to remove the need for formal EIA screening (which requires the submission, from the developer, of information on the project and its potential impact on the environment) from the majority of small scale housing and urban development projects – which would generally screen out for Environmental Impact Assessment. It is important to note that while these projects will not require formal EIA screening (due to the size of the project), the projects will have to undergo an examination of the nature and location of the development to determine if they nevertheless require screening. This is intended to ensure that developments which do not require a screening due to their size but otherwise may have a significant impact on the environment are assessed to determine if screening for EIA is otherwise required.

It is also proposed to amend the threshold for mandatory EIA for waste water treatment plants to bring it in line with that set out in the EIA Directive.

We are encouraging anyone who is interested to make a submission to inform our policy and approach to EIA Screening Thresholds in the development of Environmental Impact Assessment Regulations.

Please note: To take part in this consultation, you will need to log in or register on the consultation portal. This helps ensure your submission is securely recorded and allows you to save your progress if needed.

The deadline for submission is 5pm on the 30^th June 2026. Any submissions received after this date shall not be considered.

The Submission Form/Filling Out the Submission

We are seeking responses to the following questions:

• Do you agree with the introduction of exclusionary thresholds to provide for a traffic light system of screening for EIA? Please state why?
• Do you agree with the introduction of exclusionary thresholds for projects that fall under the category ‘Construction of dwelling units? If yes, please indicate where the exclusionary threshold should be set? If no, please state why?
• Do you agree with the introduction of exclusionary thresholds for projects that fall under the category ‘Urban development’? If yes, please indicate where the exclusionary threshold should be set? If no, please state why?
• Do you consider that the thresholds for ‘Urban Development’ should be determined by size and location i.e. the size threshold is determined by the location of the project (business district, built up area, elsewhere)?
• Do you agree with amending the inclusion threshold for projects that fall under the the category 'Wastewater Treatment Plant' and the introduction of exclusionary thresholds for these projects. If yes, please indicate where the exclusionary threshold should be set? If no, please state why?
• Do you consider that any other project categories in Schedule 5, Part 2 would benefit from the introduction of exclusion thresholds?

Your submission can focus on any or all of the above questions.

Tips for writing your submission

• Keep your submission concise and to the point. Please do not include any unnecessary or superfluous material that does not relate directly to the topic.
• Avoid including any details in your submission that you would have reservations about, if published.
• Avoid arriving at conclusions or making recommendations without indicating the supporting facts or evidence, if possible.
• If you refer to other publications, include the URL links to the publications. There is no need to send them as attachments.

Things to consider in your submission

• The regulations will give effect to the EIA Directive and must ensure that projects generally likely to have an impact on the environment are subject to formal screening for an environmental impact assessment and an environmental impact assessment.
• The exclusion threshold is intended to ensure that projects not generally likely to have an impact on the environment are not subject to unnecessary and timely administrative processes.
• While this consultation is mainly focussed on the following projects categories:
  • Dwelling units
  • Urban development
  • Waste water Treatment Plant
    
    your views on the introduction of exclusion thresholds for other project categories are welcomed.

The following guiding principles will be applied by the Department when assessing the validity of a proposal:

• To allow for the appropriate deployment of resources, not to avoid scrutiny;
• The need to support the proper planning and sustainable development of the State;
• Shall be clear, concise and understandable by the public;
• Shall relate to categories of development, not individual cases;
• Shall apply uniformly to all parts of the State;
• Shall allow for compliance with the EIA Directive.

• Current Environmental Impact Assessment Screening Thresholds
• EU Environmental Impact Assessment Directive
• EU Environmental Impact Assessment of Projects Guidance on Screening 
• EU Interpretation of definitions of project categories in Annex I and II
• Environmental Impact Assessment Traffic Lights Study
• Environmental Impact Assessment Thresholds Report
• Guidelines for Planning Authorities and An Bord Pleanála on carrying out Environmental Impact Assessments