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

1. Introductory Text

2. PART 1 General

   1. 1. Title, commencement and application

   2. 2. Interpretation

   3. 3. Prohibition on granting planning permission or subsequent consent without environmental impact assessment

   4. 4. Environmental impact assessment

3. PART 2 Screening

   1. 5. General provisions relating to screening

   2. 6. Requests for screening opinions

   3. 7. Requests for screening directions of the Welsh Ministers

4. PART 3 Procedures Concerning Applications for Planning Permission

   1. 8. Applications which appear to require screening opinion

   2. 9. Subsequent applications where environmental information previously provided

   3. 10. Subsequent applications where environmental information not previously provided

   4. 11. Application made to a local planning authority without an environmental statement

   5. 12. Application referred to the Welsh Ministers without an environmental statement

   6. 13. Appeal to the Welsh Ministers without an environmental statement

5. PART 4 Preparation of Environmental Statements

   1. 14. Scoping opinions

   2. 15. Scoping directions

   3. 16. Procedure to facilitate preparation of environmental statements

6. PART 5 Publicity and Procedures on Submission of Environmental Statements

   1. 17. Environmental statements

   2. 18. Procedure where an environmental statement is submitted to a local planning authority

   3. 19. Publicity where an environmental statement is submitted after the planning application

   4. 20. Provision of copies of environmental statements and further information for the Welsh Ministers on referral or appeal

   5. 21. Procedure where an environmental statement is submitted to the Welsh Ministers

   6. 22. Availability of copies of environmental statements

   7. 23. Charges for copies of environmental statements

   8. 24. Further information and evidence in respect of environmental statements

   9. 25. Consideration of whether planning permission should be granted

7. PART 6

   1. 26. Coordination of assessments

8. PART 7 Availability of Directions etc. and Notification of Decisions

   1. 27. Availability of opinions, directions etc. for inspection

   2. 28. Information to accompany decisions

   3. 29. Duties to inform the public and the Welsh Ministers of final decisions

9. PART 8 Applications for planning permission made to the Welsh Ministers

   1. 30. Application of Parts 2 to 7

   2. 31. Requests for screening directions of the Welsh Ministers

   3. 32. Applications made without an environmental statement

   4. 33. Scoping directions

   5. 34. Procedure to facilitate preparation of environmental statements

   6. 35. Publicity where an environmental statement is submitted after the planning application

   7. 36. Availability of copies of environmental statements

   8. 37. Availability of directions etc. for inspection

10. PART 9 Restrictions of Grants of Permission

    1. 38. New simplified planning zone schemes or enterprise zone orders

    2. 39. Local development orders

    3. 40. Section 97 orders and section 102 orders

    4. 41. Action under section 141 of the 1990 Act

11. PART 10 Unauthorised Development

    1. 42. Interpretation of this Part

    2. 43. Duty to ensure objectives of the Directive are met

    3. 44. Prohibition on the grant of planning permission for unauthorised EIA development

    4. 45. Screening opinions

    5. 46. Screening directions

    6. 47. Provision of information

    7. 48. Appeal to the Welsh Ministers without a screening opinion or screening direction

    8. 49. Appeal to the Welsh Ministers without an environmental statement

    9. 50. Procedure where an environmental statement is submitted to the Welsh Ministers

    10. 51. Further information and evidence respecting environmental statements

    11. 52. Publicity for environmental statements or further information

    12. 53. Public inspection of documents

    13. 54. Significant transboundary effects

12. PART 11 ROMP Applications

    1. 55. General application of the Regulations to ROMP applications

13. PART 12 Development with Significant Transboundary Effects

    1. 56. Development in Wales likely to have significant effects in an EEA State

    2. 57. Projects in an EEA State likely to have significant transboundary effects

14. PART 13 Miscellaneous

    1. 58. Objectivity and bias

    2. 59. Application to the High Court

    3. 60. Hazardous waste and material change of use

    4. 61. Extension of the period for an authority's decision on a planning application

    5. 62. Extension of the power to provide in a development order for the giving of directions as respects the manner in which planning applications are dealt with

    6. 63. Application to the Crown

    7. 64. Amendment of other instruments

    8. 65. Revocation, saving and transitional provisions

    9. 66. Consequential amendments

15. Signature

16. 1. SCHEDULE 1

       Descriptions of development for the purposes of the definition of “Schedule 1 development”

       1. Interpretation

       2. Descriptions of development

       3. 1. Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil)...

       4. 2.   (a) Thermal power stations and other combustion installations with...

       5. 3.   (a) Installations for the reprocessing of irradiated nuclear fuel;...

       6. 4.   (a) Integrated works for the initial smelting of cast-iron...

       7. 5. Installations for the extraction of asbestos and for the processing...

       8. 6. Integrated chemical installations, that is to say, installations for the...

       9. 7.   (a) Construction of lines for long-distance railway traffic and...

       10. 8.   (a) Inland waterways and ports for inland-waterway traffic which...

       11. 9. Waste disposal installations for the incineration, chemical treatment (as defined...

       12. 10. Waste disposal installations for the incineration or chemical treatment (as...

       13. 11. Groundwater abstraction or artificial groundwater recharge schemes where the annual...

       14. 12.   (a) Works for the transfer of water resources, other...

       15. 13. Waste water treatment plants with a capacity exceeding 150,000 population...

       16. 14. Extraction of petroleum and natural gas for commercial purposes where...

       17. 15. Dams and other installations designed for the holding back or...

       18. 16. Pipelines with a diameter of more than 800 millimetres and...

       19. 17. Installations for the intensive rearing of poultry or pigs with...

       20. 18. Industrial plants for— (a) the production of pulp from timber...

       21. 19. Quarries and open-cast mining where the surface of the site...

       22. 20. Installations for storage of petroleum, petrochemical or chemical products with...

       23. 21. Storage sites pursuant to Chapter 3 of Part 1 of...

       24. 22. Installations for the capture of carbon dioxide streams for the...

       25. 23. Any change to or extension of development listed in this...

    2. SCHEDULE 2

       Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”

       1. 1. In the table below— “area of the works” (“arwynebedd gwaith”)...

       2. 2. The table below sets out the descriptions of development and...

    3. SCHEDULE 3

       Selection criteria for screening Schedule 2 development

       1. 1. Characteristics of development

       2. 2. Location of development

       3. 3. Types and characteristics of the potential impact

    4. SCHEDULE 4

       Information for inclusion in environmental statements

       1. 1. Description of the development, including in particular—

       2. 2. A description of the reasonable alternatives (for example in terms...

       3. 3. A description of the relevant aspects of the current state...

       4. 4. A description of the factors specified in regulation 4(2) likely...

       5. 5. A description of the likely significant effects of the development...

       6. 6. A description of the forecasting methods or evidence used to...

       7. 7. A description of the measures envisaged to avoid, prevent, reduce...

       8. 8. A description of the expected significant adverse effects of the...

       9. 9. A non-technical summary of the information provided under paragraphs 1...

       10. 10. A reference list detailing the sources used for the descriptions...

    5. SCHEDULE 5

       Local Development Orders

       1. 1. In a case to which this Schedule has effect, these...

       2. 2. Regulations 3, 9, 10, 12, 13, 20 and 21 do...

       3. 3. In regulation 5— (a) paragraph (2)(a) does not apply;

       4. 4. Regulation 11 applies as if references to—

       5. 5. Regulation 14 is to be read as if it provided—...

       6. 6. Regulation 15 is to be read as if it provided—...

       7. 7. Regulation 16 is to be read as if it provided—...

       8. 8. Regulation 17 is to be read as if—

       9. 9. Regulation 18 is to be read as if it provided—...

       10. 10. Regulation 19 is to be read as if—

       11. 11. Regulation 22 is to be read as if it provided—...

       12. 12. Regulation 24 is to be read as if—

       13. 13. Regulation 25 is to be read as if in paragraph...

       14. 14. Regulation 27 is to be read as if paragraphs (1)...

       15. 15. Regulation 28 is to be read as if paragraph (1)...

       16. 16. Regulation 29 is to be read as if—

       17. 17. Regulation 56 is to be read as if—

    6. SCHEDULE 6

       Section 97 and 102 Orders under the 1990 Act

       1. 1. In a case to which this Schedule has effect, these...

       2. 2. Regulations 3, 7(2), 9, 10, 12(1), (2) and (8), 13...

       3. 3. In this Schedule and in the application of these Regulations...

       4. 4. Regulation 5 is to be read as if—

       5. 5. Regulations 8, 11 and 12(3) to (8) apply as if...

       6. 6. Regulation 12(8) is to be read as if “by refusing...

       7. 7. Regulation 14 and its heading are to be read as...

       8. 8. Regulation 15 is to be read as if it provided—...

       9. 9. Regulation 16 is to be read as if it provided—...

       10. 10. Regulation 17 is to be read as if—

       11. 11. Regulation 18 is to be read as if it provided—...

       12. 12. Regulation 19 is to be read as if—

       13. 13. Regulation 20 is to be read as if it provided—...

       14. 14. Regulation 22 is to be read as if it provided—...

       15. 15. Regulation 24 must be read as if—

       16. 16. Regulation 25(1) is to be read as if—

       17. 17. Regulation 27 is to be read as if it read—...

       18. 18. Regulation 28 is to be read as if paragraph (1)...

       19. 19. Regulation 29 is to be read as if it provided—...

       20. 20. Regulation 56 is to be read as if—

    7. SCHEDULE 7

       Functions under Section 141 of the 1990 Act

       1. 1. In a case to which this Schedule has effect, these...

       2. 2. Regulations 3, 7(2), 8 to 13, 18 and 21 do...

       3. 3. In this Schedule and in the application of other regulations...

       4. 4. (1) Where, on consideration of a purchase notice it appears...

       5. 5. Where it appears to the Welsh Ministers that the relevant...

       6. 6. (1) Where the applicant proposes to submit an environmental statement,...

       7. 7. Where— (a) a notification has been given under paragraph 6(3),...

       8. 8. Where it appears to the Welsh Ministers that the environmental...

    8. SCHEDULE 8

       ROMP Applications

       1. 1. Modification of provisions on prohibition of granting planning permission or subsequent consent

       2. 2. Modification of provisions on application to local planning authority without an environmental statement

       3. 3. Disapplication of regulations and modifications of provisions on application referred to or appealed to the Welsh Ministers without an environmental statement

       4. 4. Substitution of references to section 78 of the 1990 Act right of appeal and modification of provisions on appeal to the Welsh Ministers without an environmental statement

       5. 5. Modification of provisions on preparation, publicity and procedures on submission of environmental statements

       6. 6. Modification of provisions on application to the High Court and giving of directions

       7. 7. Suspension of minerals development

       8. 8. Determination of conditions and right of appeal on non-determination

       9. 9. ROMP application by a mineral planning authority

       10. 10. ROMP applications: duty to make a prohibition order after two years suspension of permission

    9. SCHEDULE 9

       Amendments to other instruments

       1. 1. The Town and Country Planning (Development Management Procedure) (Wales) Order 2012

       2. 2. Developments of National Significance (Procedure) (Wales) Order 2016

    10. SCHEDULE 10

        Consequential amendments

        1. 1. The Town and Country Planning (General Permitted Development) Order 1995

        2. 2. The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

        3. 3. The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006

17. Explanatory Note