SCHEDULE 1Descriptions of development and applicable thresholds and criteria for the purpose of the definition of “Schedule 2 development”
Interpretation
In this Schedule—
“nuclear power station” and “other nuclear reactor” do not include an installation from the site of which all nuclear fuel and other radioactive contaminated materials have been permanently removed; and development for the purpose of dismantling or decommissioning a nuclear power station or other nuclear reactor shall not be treated as development of the description mentioned in paragraph 2(b) of this Schedule.
Descriptions of development
The carrying out of development to provide any of the following—
1.
Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.
2.
(a)
Thermal power stations and other combustion installations with a heat output of 300 megawatts or more; and
(b)
Nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).
3.
(a)
Installations for the reprocessing of irradiated nuclear fuel.
(b)
Installations designed—
(i)
for the production or enrichment of nuclear fuel,
(ii)
for the processing of irradiated nuclear fuel or high-level radioactive waste,
(iii)
for the final disposal of irradiated nuclear fuel,
(iv)
solely for the final disposal of radioactive waste,
(v)
solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.
4.
(a)
Integrated works for the initial smelting of cast-iron and steel;
(b)
Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.
5.
Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos—
(a)
for asbestos–cement products, with an annual production of more than 20,000 tonnes of finished products;
(b)
for friction material, with an annual production of more than 50 tonnes of finished products; and
(c)
for other uses of asbestos, utilisation of more than 200 tonnes per year.
6.
Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are—
(a)
for the production of base organic chemicals;
(b)
for the production of basic inorganic chemicals;
(c)
for the production of phosphorous–, nitrogen– or potassium–based fertilisers (simple or compound fertilisers);
(d)
for the production of basic plant health products and of biocides;
(e)
for the production of basic pharmaceutical products using a chemical or biological process;
(f)
for the production of explosives.
7.
(a)
Construction of lines for long–distance railway traffic and of airports with a basic runway length of 2,100 metres or more;
(b)
Construction of motorways and express roads;
(c)
Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road would be 10 kilometres or more in a continuous length.
8.
(a)
Inland waterways and ports for inland–waterway traffic which permit the passage of vessels of over 1,350 tonnes;
(b)
Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.
9.
10.
Waste disposal installations for the incineration or chemical treatment (as defined in Annex I to Directive 2008/98/EC under heading D9) of non-hazardous waste with a capacity exceeding 100 tonnes per day.
11.
Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.
12.
(a)
Works for the transfer of water resources, other than piped drinking water, between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year;
(b)
In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the multi-annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5% of this flow.
13.
14.
Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas.
15.
Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.
16.
Pipelines with a diameter of more than 800 millimetres and a length of more than 40 kilometres:
for the transport of gas, oil or chemicals, or
for the transport of carbon dioxide streams for the purposes of geological storage, including associated booster stations.
17.
Installations for the intensive rearing of poultry or pigs with more than—
(a)
85,000 places for broilers or 60,000 places for hens;
(b)
3,000 places for production pigs (over 30 kg); or
(c)
900 places for sows.
18.
Industrial plants for—
(a)
the production of pulp from timber or similar fibrous materials;
(b)
the production of paper and board with a production capacity exceeding 200 tonnes per day.
19.
Quarries and open–cast mining where the surface of the site exceeds 25 hectares, or peat extraction where the surface of the site exceeds 150 hectares.
20.
Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 kilometres.
21.
Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more.
22.
23.
Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to Directive 2009/31/EC from installations covered by this Schedule, or where the total yearly capture of carbon dioxide is 1.5 megatonnes or more.
24.
Any change to or extension of development listed in this Schedule where such a change or extension itself meets the thresholds, if any, or description of development set out in this Schedule.
SCHEDULE 2Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”
1.
In the Table below—
“area of the works”, includes any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for construction or installation;
“floorspace”, means floorspace in a building or buildings;
2.
The Table below sets out the descriptions of development and applicable thresholds and criteria for the purposes of classifying development as Schedule 2 development.
Column 1 Description of development | Column 2 Applicable thresholds and criteria | ||
---|---|---|---|
The carrying out of development to provide any of the following— | |||
1.Agriculture and aquaculture | |||
| The area of the development exceeds 0.5 hectare. | ||
| The area of the works exceeds 1 hectare. | ||
| The area of floorspace exceeds 500 square metres. | ||
| The installation resulting from the development is designed to produce more than 10 tonnes of dead weight fish per year. | ||
| All development. | ||
2.Extractive industry | |||
| All development (except the construction of buildings or other ancillary structures where the floorspace does not exceed 1,000 square metres). | ||
| All development. | ||
|
| ||
| The area of the development exceeds 0.5 hectare. | ||
3.Energy industry | |||
| The area of the development exceeds 0.5 hectare. | ||
| The area of the works exceeds 1 hectare. | ||
|
| ||
|
| ||
| The area of floorspace exceeds 1,000 square metres. | ||
|
| ||
| The installation is designed to produce more than 0.5 megawatts. | ||
|
| ||
| All development | ||
4.Production and processing of metals | |||
| The area of floorspace exceeds 1,000 square metres. | ||
5.Mineral industry | |||
| The area of floorspace exceeds 1,000 square metres. | ||
6.Chemical industry (unless included in Schedule 1) | |||
| The area of floorspace exceeds 1,000 square metres. | ||
|
| ||
7.Food industry | |||
| The area of floorspace exceeds 1,000 square metres. | ||
8.Textile, leather, wood and paper industries | |||
| The area of floorspace exceeds 1,000 square metres. | ||
9.Rubber industry | |||
Manufacture and treatment of elastomer–based products. | The area of floorspace exceeds 1,000 square metres. | ||
10.Infrastructure projects | |||
| The area of the development exceeds 0.5 hectare. | ||
| The area of the works exceeds 1 hectare. | ||
|
| ||
| The area of the works exceeds 1 hectare. | ||
| The area of the works exceeds 1 hectare. | ||
| The area of the works exceeds 1 hectare. | ||
|
| ||
| All development. | ||
| The area of the works exceeds 1 hectare. | ||
11.Other projects | |||
| The area of the development exceeds 1 hectare. | ||
|
| ||
| The area of the development exceeds 1,000 square metres. | ||
|
| ||
| The area of floorspace exceeds 1,000 square metres. | ||
12.Tourism and leisure | |||
|
| ||
| The area of the enclosed water surface exceeds 1,000 square metres. | ||
| The area of the development exceeds 0.5 hectare. | ||
| The area of the development exceeds 1 hectare. | ||
13.
| |||
| The thresholds and criteria in the corresponding part of column 2 of this table applied to the development as changed or extended are met or exceeded and in such a case the change or extension may have significant adverse effects on the environment; The thresholds and criteria in column 2 of the paragraph of this table indicated below applied to the development as changed or extended are met or exceeded and in such a case the change or extension may have significant adverse effects on the environment. | ||
Paragraph in Schedule 1 | Paragraph of this table | ||
1 | 6 (a) | ||
2(a) | 3 (a) | ||
2(b) | 3 (h) | ||
3 | 3 (h) | ||
4 | 4 | ||
5 | 5 | ||
6 | 6 (a) | ||
7(a) | 10 (d) (in relation to railways) or 10 (e) (in relation to airports) | ||
7(b) and (c) | 10 (f) | ||
8(a) | 10 (h) | ||
8(b) | 10 (g) | ||
9 | 11 (b) | ||
10 | 11 (b) | ||
11 | 10 (n) | ||
12 | 10 (o) | ||
13 | 11 (c) | ||
14 | 2 (e) | ||
15 | 10 (i) | ||
16 | 10 (k) | ||
17 | 1 (c) | ||
18 | 8 (a) | ||
19 | 2 (a) | ||
20 | 3 (c) | ||
21 | 6 (c) | ||
22 | 3 (k) | ||
23 | 3 (k) | ||
| All development |
SCHEDULE 3Selection criteria referred to in Article 4.3 of the Directive
1. Characteristics of development
The characteristics of development shall be considered having regard, in particular, to—
(a)
the size and design of the whole development;
(b)
the cumulation with other existing development and/or approved development;
(c)
the use of natural resources, in particular land, soil, water and biodiversity;
(d)
the production of waste;
(e)
pollution and nuisances;
(f)
the risk of major accidents and/or disasters which are relevant to the development concerned, including those caused by climate change, in accordance with scientific knowledge;
(g)
the risks to human health (for example due to water contamination or air pollution).
2. Location of development
The environmental sensitivity of geographical areas likely to be affected by development shall be considered, with particular regard to—
(a)
the existing and approved land use;
(b)
the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;
(c)
the absorption capacity of the natural environment, paying particular attention to the following areas—
(i)
wetlands, riparian areas, river mouths;
(ii)
coastal zones and the marine environment;
(iii)
mountain and forest areas;
(iv)
nature reserves and parks;
(v)
(vi)
areas in which there has already been a failure to meet the environmental quality standards laid down in Union legislation and relevant to the development, or in which it is considered that there is such a failure;
(vii)
densely populated areas;
(viii)
landscapes and sites of historical, cultural or archaeological significance.
3. Characteristics of the potential impact
The likely significant effects of development on the environment shall be considered in relation to criteria set out under paragraphs 1 and 2 of this Schedule, with regard to the impact of the development on the factors specified in regulation 5(2), taking into account—
(a)
the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);
(b)
the nature of the impact;
(c)
the transboundary nature of the impact
(d)
the intensity and complexity of the impact;
(e)
the probability of the impact;
(f)
the expected onset, duration, frequency and reversibility of the impact;
(g)
the cumulation of the impact with the impact of other existing and/or approved development;
(h)
the possibility of effectively reducing the impact.
SCHEDULE 4Matters for Inclusion in Environmental Statement
1.
Description of the development, including in particular—
(a)
a description of the location of the development;
(b)
a description of the physical characteristics of the whole development, including, where relevant, requisite demolition works, and the land–use requirements during the construction and operational phases;
(c)
a description of the main characteristics of the operational phase of the development (in particular any production processes), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;
(d)
an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) and quantities and types of waste produced during the construction and operation phases.
2.
A description of the reasonable alternatives (for example in terms of development design, technology, location, size and scale) studied by the applicant or appellant, which are relevant to the proposed development and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.
3.
A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without implementation of the development as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of availability of environmental information and scientific knowledge.
4.
A description of the factors specified in regulation 5(2) likely to be significantly affected by the development: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape.
5.
A description of the likely significant effects of the development resulting from, inter alia:
(a)
the construction and existence of the development, including, where relevant, demolition works;
(b)
the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;
(c)
the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;
(d)
the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);
(e)
the cumulation of effects with other existing and/or approved development, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;
(f)
the impact of the development on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the development to climate change;
(g)
the technologies and the substances used.
The description of the likely significant effects on the factors specified in regulation 5(2) should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the development. This description should take into account the environmental protection objectives established at Union or Member State level which are relevant to the development including in particular those established under Council Directive 92/43/EEC and Directive 2009/147/EC.
6.
A description of the forecasting methods or evidence used to identify and assess the significant effects on the environment, including details of the difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved.
7.
A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-development analysis). That description should explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and should cover both the construction and operational phases.
8.
A description of the expected significant adverse effects of the development on the environment deriving from the vulnerability of the development to risks to major accidents and/or disasters which are relevant to the development concerned. Relevant information available and obtained through risk assessments pursuant to Union legislation such as Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom or relevant assessments carried out pursuant to national legislation may be used for this purpose provided that the requirements of the Directive are met. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.
9.
A non–technical summary of the information provided under paragraphs 1 to 8.
10.
A reference list detailing the sources used for the descriptions and assessments included in the Environmental Statement.