When do I need to get environmental approval before starting a construction project?

Here's a breakdown of when you need environmental approval for a construction project, based on the provided legislation.

In Plain English

Generally, you'll need approval before starting any construction, erection, or alteration of a structure. However, there are exceptions. You don't need approval for:

  • Matters needing approval under specific sections related to sanitary facilities, drainage traps, or bores and wells.
  • Plant alterations covered by the Electricity Supply Act 1985.
  • Interior painting or repainting.
  • Small, detached structures (less than 1 cubic meter in bulk and 2 meters in height) that aren't advertising devices.
  • Other matters specified in Schedule 2 of the Environment Act 1990 (NI).

Additionally, if your project involves removing or depositing more than 50 cubic meters of earth, topsoil, spoil, or fill, or if it affects an area larger than 50 square meters, you'll likely need approval.

You'll also need approval to take a protected tree, unless it is below a certain height specified in the Code, or is taken from an approved private forest.

Detailed Explanation

Part 4 of the Environment Act 1990 (NI) deals with building control. Section 40(1) states that the construction, erection, or alteration of a "structure" requires approval. "Structure" is defined in section 39 as something constructed or erected by human agency and attached to, or buried within, land.

However, section 40(2) lists several exceptions where approval is not required. These include:

  • Items covered under section 51 (permitted sanitary facilities), subsection 65(1) (drainage traps), or section 68 (bores and wells).
  • Plant alterations within the scope of the Electricity Supply Act 1985.
  • Interior painting or repainting (section 40(2)(c)).
  • Small, detached structures that are less than 1 cubic metre in bulk and 2 metres in height, excluding advertising devices (section 40(2)(d)).
  • Matters specified in Schedule 2 of the Environment Act 1990 (NI).

Furthermore, Part 5 of the Environment Act 1990 (NI) addresses earthworks. Section 48(1) stipulates that approval is needed for removing, excavating, shifting, or depositing earth, topsoil, spoil, or fill if:

  • The total amount exceeds 50 cubic metres on one or more occasions, or
  • The affected area totals more than 50 square metres.

This applies even if the work is done on different occasions or in different places, if the purpose is common (section 48(3)). Ploughing or other agricultural treatment of land is exempt (section 48(2)).

Part 8 of the Environment Act 1990 (NI) addresses vegetation. Section 120(1) stipulates that taking a protected tree requires approval. However, section 120(2) notes that taking a protected tree of a particular species does not require approval if the tree is less than the minimum height specified in the Code in relation to protected trees of that species. Section 120(3) notes that the taking of a protected tree does not require approval if the tree is taken from an approved private forest.

Important Note: The legislation refers to "the Code" in several places. To fully understand the requirements, you would need to consult the specific Code referenced by the Environment Act 1990 (NI). The Code would provide further details on minimum standards for swimming pools, noxious weeds, protected species of trees, and hairdressing hygiene standards.