Miscellaneous and general

55Environmental Impact Assessment Regulations: miscellaneous

1

The Environmental Impact Assessment Regulations have effect as if the definition of “EIA development” in regulation 2(1) included any development not included in paragraph (a) or (b) of the definition where—

a

the development consists of the construction of a building in place of a building demolished, or substantially demolished, in exercise of the powers conferred by this Act,

b

the development does not have deemed planning permission under section 17(1),

c

the development is not exempt development within the meaning of the Environmental Impact Assessment Regulations, and

d

the development would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location.

2

In regulation 9 of the Environmental Impact Assessment Regulations (subsequent applications where environmental information previously provided)—

a

in paragraph (1)(b)(ii), for the words from “section 10(1)” to “covenants)” substitute “ a qualifying enactment ”, and

b

after paragraph (1) insert—

1A

In paragraph (1)(b)(ii), “qualifying enactment” means—

a

section 10(1) of the Crossrail Act 2008,

b

section 20(1) or 50(5)(a) of the High Speed Rail (London - West Midlands) Act 2017, or

c

section 17(1) or 47(3)(a) of the High Speed Rail (West Midlands - Crewe) Act 2021.