The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988

Interpretation

2.—(1) In these Regulations, unless the contrary intention appears—

“the Act” means the Town and Country Planning Act 1971(1), references to sections are references to sections of that Act and expressions used in that Act and these Regulations have the meaning they have in the Act save that, in relation to an appeal, references to the Secretary of State shall not be construed as references to an inspector;

“aerodrome” means a defined area on land or water (including any buildings and other installations) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;

“controlled waste” has the meaning assigned to it by section 30(1) of the Control of Pollution Act 1974(2);

“documents” include photographs, drawings, maps and plans;

“environmental information” means the environmental statement prepared by the applicant or appellant or in a case falling within regulation 17 by the author-ity, any representations made by any body required by these Regulations to be invited to make representations or to be consulted and any representations duly made by any other person about the likely environmental effects of the proposed development;

“environmental statement” means such a statement as is described in Schedule 3;

“exempt development” means particular proposed development which is the subject of a direction by the Secretary of State that these Regulations do not apply in relation to it;

“the General Development Order” means the Town and Country Planning General Development Order 1977(3);

“the General Regulations” means the Town and Country Planning General Regulations 1976(4);

“inspector” means a person appointed by the Secretary of State pursuant to Schedule 9 to the Act to determine an appeal;

“the land” means the land on which proposed development would be carried out;

“local planning authority” means the body to whom it falls or would but for a direction under section 35 fall, to determine an application for planning permission, or to whom it would fall (but for any such direction) to determine a proposed application;

“principal council” has the meaning assigned to that term by section 270(1) of the Local Government Act 1972(5);

“register” means a register kept pursuant to section 34 and “appropriate register” means the register on which particulars of an application for planning permission for the relevant development would fall to be placed when such an application is made;

“Schedule” means a Schedule to these Regulations;

“Schedule 1 application” means an application for planning permission (other than an application made pursuant to section 31A(6) or section 32) for the carrying out of development of any description mentioned in Schedule 1, which is not exempt development;

“Schedule 2 application” means, subject to paragraph (2), an application for planning permission (other than an application made pursuant to section 31A or section 32) for the carrying out of development of any description mentioned in Schedule 2, which is not exempt development and which would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

“special road” means a special road authorised by a scheme made by a local highway authority under section 16 of the Highways Act 1980(7) for the use of traffic within Classes I and II of Schedule 4 to that Act; and

“special waste” means waste to which that term is applied by regulation 2 of the Control of Pollution (Special Waste) Regulations 1980(8).

(2) Where the Secretary of State gives a direction which includes a statement that in his opinion proposed development would be likely, or would not be likely, to have significant effects on the environment by virtue of factors such as its nature, size or location, or includes such a statement in a notification under regulation 10(1), that statement shall determine whether an application for planning permission for that development is, or is not, a Schedule 2 application by reason of the effects the development would be likely to have; and references in these Regulations to a Schedule 2 application shall be interpreted accordingly.

(1)

1971 c. 78.

(2)

1974 c. 40.

(3)

S.I. 1977/289; relevant amendments are noted under references to specific articles.

(4)

S.I. 1976/1419, amended by S.I. 1981/558, 1986/443.

(5)

1972 c. 70.

(6)

Section 31A was added by the Housing and Planning Act 1986 (c. 63), Schedule 11, paragraph 4.

(7)

1980 c. 66.

(8)

S.I. 1980/1709.