The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (revoked) No. 58 (W. 28)

Regulation 4(6)

[F1 SCHEDULE 3 E+W Selection criteria for screening Schedule 2 development

Textual Amendments

F1 Regulations revoked (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), regs. 1(2), 65(1) (subject to savings and transitional provisions in regs. 63, 65(2)-(10)) (as amended (1.4.2019) by The Town and Country Planning (Environmental Impact Assessment) (Wales) (Amendment) Regulations 2019 (S.I. 2019/299)), reg. 2(2)

Characteristics of development E+W

1.   The characteristics of development must be considered having regard, in particular, to—

(a) the size of the development;

(b) the cumulation with other development;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of accidents, having regard in particular to substances or technologies used.

Location of development E+W

2.   The environmental sensitivity of geographical areas likely to be affected by development must be considered, having regard, in particular, to—

(a) the existing land use;

(b) the relative abundance, quality and regenerative capacity of natural resources in the area;

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under Member States' legislation [F2 or under the legislation of any part of the UK, ] areas designated F3 ... [F4 under EU-derived domestic legislation which transposed] Council Directive 2009/147/EC on the conservation of wild birds M1 and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora M2 ;

(vi) areas in which the environmental quality standards laid down in [F5 retained EU law ] have already been exceeded;

(vii) densely populated areas;

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

Textual Amendments

F2 Words in Sch. 3 para. 2(c)(v) inserted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 4(8)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Sch. 3 para. 2(c)(v) omitted (31.12.2020) by virtue of The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 4(8)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in Sch. 3 para. 2(c)(v) substituted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 4(8)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)

F5 Words in Sch. 3 para. 2(c)(vi) substituted (31.12.2020) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 4(8)(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 O.J. No. L 20, 26.1.2010, p. 7.

M2 O.J. No. L 206, 22.7.1992, p. 7.

Characteristics of the potential impact E+W

3.   The potential significant effects of development must be considered in relation to criteria set out under paragraphs 1 and 2 above, and having regard in particular to—

(a) the extent of the impact (geographical area and size of the affected population);

(b) the transfrontier nature of the impact;

(c) the magnitude and complexity of the impact;

(d) the probability of the impact;

(e) the duration, frequency and reversibility of the impact.]