Town and Country Planning Act 1990

[F16(1)A local planning authority must decline to consider a proposal for a community right to build order if they consider that—E+W

(a) the specified development falls within Annex 2 to the EIA directive and is likely to have significant effects on the environment by virtue of factors such as its nature, size or location, or

(b)the specified development is likely to have significant effects on a qualifying European site (whether alone or in combination with other plans or projects) and is not directly connected with or necessary to the management of that site.

(2) In determining whether or not the specified development is within sub-paragraph (1)(a), the authority must take into account any relevant criteria mentioned in Annex 3 to the EIA directive.

(3)If the authority decline to consider the proposal as a result of sub-paragraph (1), they must notify the community organisation making the proposal of that fact and of their reasons for declining to consider it.

(4)Regulations may make provision requiring the publication of any decisions made by a local planning authority under this paragraph.

(5)In this paragraph—

  • “ the EIA directive ” means Council Directive 85/337/ EEC on the assessment of the effects of certain public and private projects on the environment (as amended from time to time),

  • “ qualifying European site ” means—

    (a)

    a European offshore marine site within the meaning of [F2the Conservation of Offshore Marine Habitats and Species Regulations 2017 (S.I. 2017/1013)], or

    (b)

    a European site within the meaning of [F3the Conservation of Habitats and Species Regulations 2017], and

  • “ specified ” means specified in the community right to build order. ]

Textual Amendments

F1Sch. 4C inserted (15.11.2011 for specified purposes, 15.1.2012 for specified purposes, 6.4.2012 for specified purposes, 3.8.2012 for specified purposes) by Localism Act 2011 (c. 20), ss. 116(3), 240(5)(j), Sch. 11; S.I. 2012/57, art. 4(1)(h) (with arts. 6, 7, 9-11); S.I. 2012/628, art. 8(a) (with arts. 9, 12, 13, 16, 18-20) (as amended (3.8.2012) by S.I. 2012/2029, arts. 2, 4); S.I. 2012/2029, arts. 2, 3(a) (with art. 5) (as amended (6.4.2013) by S.I. 2013/797, art. 4)