Deciding on development consent

The information received from the developer as well as results of the consultations must be duly taken into account in the development consent procedure (Art 8).

In order to avoid decisions being made on dated information, the competent authority must be satisfied that the reasoned conclusion on the significant effects of the project on the environment is still up to date when taking a decision to grant development consent (Art 8a).

A decision to grant development consent shall incorporate at least the competent authority’s reasoned conclusion on the significant effects of the project on the environment; any environmental conditions attached to the decision; a description of any features of the project and/or measures envisaged to avoid, prevent, or reduce and, if possible, offset significant adverse effects on the environment; and, where appropriate, monitoring measures. A decision to refuse development consent must state the main reasons for the refusal.

One of the Directive’s few requirements that are substantive more than procedural is the obligation on Member States to ensure that the features of the project and/or measures envisaged to avoid, prevent, or reduce and, if possible, offset significant adverse effects on the environment are implemented by the developer. Member States must also determine procedures regarding the monitoring of significant adverse effects on the environment. (Art 8a.)

Competent authorities shall be required to perform their duties in an objective manner. Where the competent authority is also the developer, an appropriate separation between conflicting functions must be implemented. (Art 9a.)

The Directive also contains provisions on dissuasive penalties (Art 10a), on commercial and industrial confidentiality and safeguarding the public interest (Art 10), and on exchange of information between Member States and the Commission (Arts 12 and 13).