Point in time view as at 01/01/2024.
There are currently no known outstanding effects for the The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017, SCHEDULE 5.
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.
Regulation 39(3)
1. In a case to which this Schedule has effect, these Regulations apply, subject to the following modifications.E+W
2. Regulations 3, 9, 10, 12, 13, 20 and 21 do not apply.E+W
3. In regulation 5—E+W
(a)paragraph (2)(a) does not apply;
(b)in paragraph (2)(b) and (5), for “relevant” read “local”;
(c)read as if paragraphs (10) and (16) were omitted.
4. Regulation 11 applies as if references to—E+W
(a)an application, or an application for planning permission, are to a proposal for a local development order;
(b)a relevant planning authority, are to the local planning authority to whom it would fall to make the local development order;
(c)the applicant, are to the local planning authority proposing the order; and
(d)the EIA application, are to a proposal for a local development order for EIA development.
5. Regulation 14 is to be read as if it provided—E+W
14.—(1) Where a proposed local development order is EIA development, the local planning authority may state its opinion as to the scope and level of detail of the information to be provided in the environmental statement (“a scoping opinion”).
(2) Before issuing a scoping opinion under paragraph (1) the local planning authority must prepare—
(a)a plan sufficient to identify the land;
(b)a brief description of the nature and purpose of the development including its location and technical capacity;
(c)its likely significant effects on the environment; and
(d)such other information or representations as the local planning authority may wish to provide or make.
(3) A local planning authority must not adopt a scoping opinion until they have consulted the consultees.
(4) Before adopting a scoping opinion the local planning authority must take into account—
(a)the information prepared by the authority about the proposed development in accordance with paragraph (2);
(b)the specific characteristics of the particular development;
(c)the specific characteristics of development of the type concerned; and
(d)the environmental features likely to be affected by the development.
(5) A local planning authority may ask the Welsh Ministers under regulation 15(1) to make a direction as to the information to be provided in the environmental statement (“scoping direction”).”
6. Regulation 15 is to be read as if it provided—E+W
15.—(1) A request made under this paragraph pursuant to regulation 14must include—
(a)the information referred to in regulation 14(2)(a)(i) to (iii); and
(b)any representations that the local planning authority wish to make.
(2) If the Welsh Ministers consider that the information provided pursuant to paragraph (1) is insufficient to make a scoping direction, the Welsh Ministers must give notice to the local planning authority.
(3) The notice must set out any points on which additional information is required.
(4) The Welsh Ministers must—
(a)consult the consultees before making a scoping direction in response to a request under paragraph (1), and
(b)make a direction and send a copy to the local planning authority, within 5 weeks beginning with the date of receipt of that request or such longer period as may be reasonably required.
(5) Before making a scoping direction the Welsh Ministers must take into account the matters specified in regulation 14(4).”
7. Regulation 16 is to be read as if it provided—E+W
16.—(1) A local planning authority which intend to prepare an environmental statement may enquire of a consultee whether the consultee has any information which the consultee or the local planning authority consider relevant to the preparation of the environmental statement.
(2) If the consultee has such information it must treat the enquiry by the authority as a request for information by the local planning authority under regulation 5(1) of the Environmental Information Regulations 2004 M1.”
Marginal Citations
8. Regulation 17 is to be read as if—E+W
(a)paragraphs (1) and (2) were omitted;
(b)in paragraph (3)(d), for “applicant or appellant” it read “local planning authority”;
(c)in paragraph (4)—
(i)in sub-paragraph (a), “or the Welsh Ministers, as appropriate,” were omitted; and
(ii)in sub-paragraph (b), for “applicant” it read “local planning authority”.
9. Regulation 18 is to be read as if it provided—E+W
18.—(1) Where a statement, referred to as an “environmental statement”, has been prepared in relation to EIA development for which a local planning authority propose to grant planning permission by a local development order, the local planning authority must—
(a)send a copy of the statement to the consultees and inform them that they may make representations; and
(b)notify any particular person of whom the authority are aware, who is likely to be affected by, or has an interest in, the application and who is unlikely to become aware of it by means of electronic publication, 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.”
10. Regulation 19 is to be read as if—E+W
(a)paragraph (1) were omitted;
(b)paragraph (2) read—
“(2) The local planning authority must publish by local advertisement 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 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 are available for inspection (being a date not less than 30 days from the date on which the notice is published);
(e)details of a website maintained by or on behalf of the relevant planning authority on which the environmental statement and other documents may be inspected, and the latest date on which they will be available for access (being a date not less than 30 days from 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 may be obtained there so long as stocks last;
(h)if a charge is to be made for a copy, the amount of the charge; and
(i)that any person wishing to make representations about the order should make them before the latest date in accordance with sub-paragraph (d) or (e), to the local planning authority.”;
(c)paragraph (3) were omitted;
(d)in paragraph (4), “applicant” read “local planning authority”; and
(e)paragraphs (6) to (8) were omitted.
11. Regulation 22 is to be read as if it provided—E+W
22. The local planning authority must ensure that a reasonable number of copies of the statement referred to as the environmental statement prepared in relation to EIA development for which the authority propose to grant planning permission by a local development order, are available at—
(a)their principal office during normal office hours; and
(b)at such other places within their area as they consider appropriate; and the environmental statement can be accessed at the website referred to in the notice required under regulation 19(2)(e).”
12. Regulation 24 is to be read as if—E+W
(a)paragraph (1) read—
“(1) Where an environmental statement has been prepared and the local planning authority are of the opinion that, in order to satisfy the requirements of regulation 17(3) 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 proposed development in order to be an environmental statement, the authority must ensure that additional information is provided, and such information is referred to in these Regulations as “further information” (“gwybodaeth bellach”).”;
(b)paragraph (3) read—
“(3) The local planning authority must publish by local advertisement a notice stating—
(a)the name and address of the 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 is available for inspection (being a date not less than 30 days from the date on which the notice is published);
(f)details of a website maintained by or on behalf of the authority on which the environmental statement and other documents may be inspected, and the latest date on which they are available for access (being a date not less than 30 days from 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 may be obtained there so long as stocks last;
(i)if a charge is to be made for a copy, the amount of the charge;
(j)that any person wishing to make representations about the further information should make them before the latest date specified in accordance with sub-paragraphs (e) and (f), to the authority; and
(k)the address to which representations should be sent.”;
(c)paragraph (4) read—
“(4) The local planning authority must send a copy of the further information and any other information to each person to whom, in accordance with these Regulations, the statement to which it relates was sent and to the Welsh Ministers.”;
(d)paragraphs (5) and (6) were omitted;
(e)paragraph (7) read—
“(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 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.”;
(f)in paragraph (8)—
(i)instead of “The applicant or appellant who provides” it read “The local planning authority providing”; and
(ii)in sub-paragraph (a), after “number of copies of the” it read “further information or other”.
13. Regulation 25 is to be read as if in paragraph (1) “an application or appeal” read “whether to make a local development order”.E+W
14. Regulation 27 is to be read as if paragraphs (1) and (2) read—E+W
“(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)screening opinion;
(b)screening direction;
(c)scoping opinion;
(d)direction under regulation 5(4) or (5);
(e)statement referred to as the environmental statement including any further information;
(f)statement of reasons accompanying any of the above.
(2) Where the relevant planning authority adopt a screening opinion or scoping opinion, or receive a copy of a screening direction before a local development order is made, the local planning authority must take steps to secure that a copy of the opinion or direction and any accompanying statement of reasons is made available for public inspection at all reasonable hours at the place where the appropriate register (or relevant section of that register) is kept.”
15. Regulation 28 is to be read as if paragraph (1) read—E+W
“(1) Where a local planning authority make a local development order granting permission for EIA development, they must prepare a statement setting out the information specified in paragraph (2).”
16. Regulation 29 is to be read as if—E+W
(a)in paragraph (1) for “Where an EIA application is determined by a local planning authority” it read “Where a local planning authority adopt a local development order granting permission for development which constitutes EIA development”;
(b)paragraph (2) was omitted; and
(c)in paragraph (3) the reference to “relevant planning authority” read “local planning authority”.
17. Regulation 56 is to be read as if—E+W
(a)paragraph (1)(a) read—
“(a)it comes to the attention of the Welsh Ministers that EIA development proposed to be carried out in Wales for which a local planning authority propose to grant planning permission by a local development order is likely to have significant effects on the environment in [F1an] EEA State; or”; and
(b)in paragraphs (3) and (6), instead of “application” it read “proposed local development order”.
Textual Amendments
Yr Offeryn Cyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
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’. Dim ond yn Saesneg y mae’r fersiwn ddiwygiedig ar gael ar hyn o bryd.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed) - Saesneg: Mae'r wreiddiol Saesneg fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed)-Cymraeg:Y fersiwn Gymraeg wreiddiol o’r ddeddfwriaeth fel yr oedd yn sefyll pan gafodd ei deddfu neu ei 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. A point in time version is only available in English.
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.
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:
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.
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:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys