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The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) (England) Regulations 2014
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- UK Statutory Instruments
- 2014 No. 557
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the application of the Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 (“the 1999 Regulations”). The amendment made by regulation 2 makes clear that the 1999 Regulations do not apply to pipe-line works for which development consent is required.
Environmental impact assessment (“EIA”) is a requirement under Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment (O.J. No. L 26, 28.1.2012, p. 1). Directive 2011/92/EU codifies and repeals Council Directive 85/337/EEC (as amended) on the assessment of the effects of certain public and private projects on the environment (the original text is at O.J. No. L 175, 5.7.1985, p. 40).
Development consent is required under section 31 of the Planning Act 2008 (“the 2008 Act”) for development that is or forms part of a nationally significant infrastructure project, as defined in Part 3 of that Act. Such projects include the construction of a pipe-line by a gas transporter (see section 14(1)(f) of the 2008 Act which is qualified by section 20 of that Act). The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (S.I. 2009/2263) (“the 2009 Regulations”) implement the requirement for EIA in respect of development which requires development consent under the 2008 Act.
The 1999 Regulations implement the requirement for EIA in respect of pipe-line works by gas transporters which fall within the class of development described as permitted development in Class F(a) of Part 17 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order1995 (S.I. 1995/418).
The amendment made by the Regulations removes any overlap between the 1999 Regulations and the 2009 Regulations.
An impact assessment has not been produced for this instrument as no impact is foreseen on the private, voluntary or public sectors.
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