Chwilio Deddfwriaeth

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

Changes over time for: Section 32

 Help about opening options

Version Superseded: 31/12/2020

Alternative versions:

Status:

Point in time view as at 01/10/2018. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the The Town and Country Planning (Environmental Impact Assessment) Regulations 2017, Section 32. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Local development ordersE+W

This adran has no associated Memorandwm Esboniadol

32.—(1) This regulation applies in relation to Schedule 2 development for which a local planning authority proposes to grant planning permission by local development order.

(2) Where this regulation applies, the local planning authority must not make a local development order unless it has prepared the information referred to in regulation 6(2) in accordance with regulation 6(4) and adopted a screening opinion, or the Secretary of State has made a screening direction; and regulation 5 shall apply in relation to that screening with the following modifications.

(3) In regulation 5—

(a)paragraph (2)(a) shall not apply;

(b)in paragraph (2)(b) for “relevant” substitute “ local ”;

(c)in paragraph (4)(a) for “provided by the applicant” substitute “ prepared by the local planning authority in accordance with regulation 32(2) ”; and

(d)in paragraph [F1(12)] for “relevant” substitute “ local ”;

(4) Paragraphs (5) and (6) apply where—

(a)the local planning authority adopts a screening opinion; or

(b)the Secretary of State makes a screening direction under these Regulations,

to the effect that the development is EIA development.

(5) The local planning authority must not make a local development order which would grant planning permission for EIA development unless—

(a)an environmental statement has been prepared in relation to that development; and

(b)the EIA has been carried out in respect of that development.

(6) In a case to which this regulation applies these Regulations apply subject to the following modifications—

(a)in regulation 2(1), in the definition of “any other information” for “applicant or the appellant as the case may be” substitute “ local planning authority ”;

(b)regulations 3, 6 to 14, 17, 21 and 22 shall not apply;

(c)in regulation 15—

(i)for paragraph (1) substitute—

(1) Where a proposed local development order is EIA development, the local planning authority may state in writing its opinion as to the scope and level of detail of the information to be provided in the environmental statement (“a scoping opinion”).;

(ii)in paragraph (2) for “A request under paragraph (1) must include—” substitute “ Before issuing an opinion in accordance with paragraph (1) the local planning authority must prepare— ”;

(iii)in paragraph (2)(a) omit “in relation to an application for planning permission—”;

(iv)omit paragraph (2)(b);

(v)omit paragraph (3);

(vi)for paragraph (4) substitute—

(4) An authority must not adopt a scoping opinion until they have consulted the consultation bodies.;

(vii)omit paragraph (5);

(viii)in paragraph (6)(a), for “provided by the applicant” substitute “ prepared by the local planning authority in accordance with paragraph (2) ”;

(ix)for paragraph (7) substitute—

(7) A local planning authority may under regulation 16(1) ask the Secretary of State to make a direction as to the information to be provided in the environmental statement (a “scoping direction”); and

(x)omit paragraphs (8) and (9);

(d)in regulation 16—

(i)for paragraph (1) substitute—

(1) A request made under this paragraph pursuant to regulation 15(7) must include—

(a)the information referred to in regulation 15(2)(a); and

(b)any representations that the local planning authority making the request wishes to make.;

(ii)omit paragraph (2);

(iii)in paragraph (3)—

(aa)for “person” substitute “ local planning authority ”; and

(bb)omit “; and may request the relevant planning authority to provide such information as they can on any of those points.”;

(iv)in paragraph (4)(b) for “person who made the [F2scoping direction] request and to the relevant” substitute “ local ”;

(e)in regulation 18—

(i)omit paragraphs (1) and (2); and

(ii)in paragraph (5)(a) and (b) for “developer” substitute “ local planning authority ”;

(f)for regulation 19 substitute—

Procedure where an environmental statement is prepared in relation to a local development order

19.(1) Where a statement, referred to as an “environmental statement” for the purposes of these Regulations, has been prepared in relation to EIA development for which a local planning authority proposes to grant planning permission by a local development order, the local planning authority must—

(a)send a copy of the statement to the consultation bodies and inform them that they may make representations; and

(b)notify any particular person of whom the authority is aware, who is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, of an address in the locality in which the land is situated where a copy of the statement may be obtained and the address to which representations may be sent.

(2) The local planning authority must not make the local development order until the expiry of 30 days from the last date on which a copy of the statement was served in accordance with this regulation.;

(g)in regulation 20—

(i)omit paragraph (1);

(ii)for paragraph (2) substitute—

(2) The local planning authority must publish in a local newspaper circulating in the locality in which the land is situated a notice stating—

(a)the name and address of the local planning authority;

(b)the address or location and the nature of the development referred to in the proposed local development order;

(c)that a copy of the draft local development order and of any plan or other documents accompanying it together with a copy of the environmental statement may be inspected by members of the public at all reasonable hours;

(d)an address in the locality in which the land is situated at which those documents may be inspected, and the latest date on which they will be available for inspection (being a date not less than 30 days later than the date on which the notice is published);

(e)details of a website maintained by or on behalf of the authority on which those documents may be inspected, and the latest date on which they will be available for access (being a date not less than 30 days later than the date on which the notice is published);

(f)an address (whether or not the same as that given under sub-paragraph (d)) in the locality in which the land is situated at which copies of the statement may be obtained;

(g)that copies of the statement may be obtained there so long as stocks last;

(h)if a charge is to be made for a copy of the statement, the amount of the charge; and

(i)that any person wishing to make representations about the local development order should make them in writing, before the latest date named in accordance with sub-paragraph (d) or (e), to the local planning authority.;

(iii)omit paragraph (3);

(iv)in paragraph (4), for “applicant”, in each place, substitute “ local planning authority ”; and

(v)omit paragraphs (6) to (10);

(h)for regulation 23 substitute—

Availability of copies of environmental statements

23.  The local planning authority must ensure that—

(a)a reasonable number of copies of the statement referred to as the environmental statement prepared in relation to EIA development for which the authority proposes to grant planning permission by a local development order are available at—

(i)their principal office during normal office hours; and

(ii)such other places within their area as they consider appropriate; and

(b)the environmental statement can be accessed at the website referred to in the notice required under regulation 20(2)(f).;

(i)in regulation 25—

(i)for paragraph (1) substitute—

(1) Where an environmental statement has been submitted and the local planning authority is of the opinion, in order to satisfy the requirements of regulation 18(3) and (4), it is necessary for the statement to be supplemented with additional information which is directly relevant to reaching a reasoned conclusion on the likely significant effects of the development described in the application in order to be an environmental statement, the local planning authority must ensure that additional information is provided and such information provided is referred to in these Regulations as “further information”.;

(ii)for paragraph (3) substitute—

(3) The local planning authority must publish in a local newspaper circulating in the locality in which the land is situated a notice stating—

(a)the name and address of the local planning authority;

(b)the address or location and the nature of the development referred to in the proposed local development order;

(c)that further information is available in relation to an environmental statement which has already been provided;

(d)that a copy of the further information may be inspected by members of the public at all reasonable hours;

(e)an address in the locality in which the land is situated at which the further information may be inspected, and the latest date on which it will be available for inspection (being a date not less than 30 days later than the date on which the notice is published);

(f)details of a website maintained by or on behalf of the authority on which the further information or any other information may be inspected, and the latest date on which they will be available for access (being a date not less than 30 days later than the date on which the notice is published);

(g)an address (whether or not the same as that given under sub-paragraph (e)) in the locality in which the land is situated at which copies of the further information may be obtained;

(h)that copies of the further information may be obtained there so long as stocks last;

(i)if a charge is to be made for a copy of the further information, the amount of the charge;

(j)that any person wishing to make representations about the further information should make them in writing, before the latest date specified in accordance with sub-paragraph (e) or (f), to the local planning authority; and

(k)the address to which representations should be sent.;

(iii)for paragraph (4) substitute—

(4) The local planning authority must send a copy of the further information to each person to whom, in accordance with these Regulations, the statement to which it relates was sent and to the Secretary of State.;

(iv)omit paragraphs (5) and (6);

(v)for paragraph (7) substitute—

(7) Where information is provided under paragraph (1) the local planning authority must not make the local development order before the expiry of 30 days after the latest of—

(a)the date on which the further information or any other information was sent to all persons to whom the statement to which it relates was sent;

(b)the date that notice of it was published in a local newspaper; or

(c)the date that notice of it was published on a website.;

(vi)in paragraph (8)—

(aa)for “The applicant or appellant who provides further information or any other information, in accordance with paragraph (1)” substitute “ The local planning authority ”;

(bb)in sub-paragraph (a) after “number of copies of the” insert “ further or other ”;

(cc)in sub-paragraph (b) omit “required by the relevant planning authority”;

(vii)in paragraph (9), for “relevant” substitute “ local ”; and

(viii)omit paragraph (11);

(j)in regulation 26(1) for “an application or appeal” substitute “ whether to make a local development order ”;

(k)in regulation 28—

(i)for paragraph (1) substitute—

(1) Where particulars of a draft local development order are placed on Part 3 of the register, the local planning authority must take steps to secure that there is also placed on that Part a copy of any relevant—

(a)scoping opinion;

(b)screening opinion;

(c)screening direction;

(d)direction under regulation 63;

(e)the statement referred to as the environmental statement including any further information;

(f)statement of reasons accompanying any of the above.;

(ii)in paragraph (2)—

(aa)for “relevant planning authority” substitute “ local planning authority ” in both places; and

(bb)for “an application is made for planning permission or subsequent consent for the development in question” substitute “ particulars of a draft local development order are placed on Part 3 of the register ”;

(l)in regulation 29—

(i)for paragraph (1) substitute—

(1) Where a local planning authority makes a local development order granting permission for development which constitutes EIA development it must prepare a statement setting out the information specified in paragraph (2)(a).; and

(ii)omit paragraph (2)(b);

(m)in regulation 30—

(i)in paragraph (1) for “Where an EIA application is determined by a local planning authority” substitute “ Where a local planning authority makes a local development order granting permission for development which constitutes EIA development ”; and

(ii)omit paragraphs (2) and (3); and

(n)in regulation 58—

(i)in paragraph (1) for sub-paragraph (a) substitute—

(a)it comes to the attention of the Secretary of State that EIA development proposed to be carried out in England for which a local planning authority proposes to grant planning permission by a local development order is likely to have significant effects on the environment in another EEA state; or; and

(ii)in paragraphs (3) and (6) for “application” substitute “ proposed local development order ”.

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Memorandwm Esboniadol

Mae Memoranda Esboniadol yn nodi datganiad byr o ddiben Offeryn Statudol ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Maent yn ceisio gwneud yr Offeryn Statudol yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol, ac maent yn cyd-fynd ag unrhyw Offeryn Statudol neu Offeryn Statudol Drafft a gyflwynwyd ger bron y Senedd o Fehefin 2004 ymlaen.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel gwnaed fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill