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

Environmental impact assessment E+W

4.—(1) The environmental impact assessment is a process consisting of—

(a) the preparation of an environmental statement by the person seeking or initiating planning permission;

(b) any consultation, publication and notification required by Parts 5, 9 and where relevant, Part 12 of these Regulations, the 2012 Order or the 2016 Order in respect of EIA development; and

(c) the steps required under regulation 25(1).

(2) The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of each individual case, the direct and indirect significant effects of proposed development on the following—

(a) population and human health;

(b) biodiversity, with particular attention to species and habitats protected under [F1 EU-derived domestic legislation which transposed ] Directive 92/43/EEC M1 and Directive 2009/147/ECM2 [F2 as may be amended from time to time];

(c) land, soil, water, air and climate;

(d) material assets, cultural heritage and the landscape; and

(e) the interaction between the factors listed in sub-paragraphs (a) to (d).

(3) The effects referred to in paragraph (2) on the factors set out in that paragraph must include—

(a) the operational effects of the proposed development, where the proposed development will have operational effects; and

(b) the expected effects deriving from the vulnerability of the proposed development to risks of major accidents and disasters that are relevant to that development.

(4) The relevant planning authority or the Welsh Ministers, as the case may be, must ensure that they have, or have access as necessary to, sufficient expertise to examine the environmental statement.

Textual Amendments

F1 Words in reg. 4(2)(b) 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), 6(3)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 4(2)(b) 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), 6(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and on the conservation of wild fauna and flora O.J. L 206, 22.7.1992, pp. 7–50.

M2 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds O.J. L 20, 26.1.2010, pp. 7–25.