The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

Regulation 4(5)

SCHEDULE 3 E+W SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT

Characteristics of development E+W

1.  The characteristics of development must be considered having regard, in particular, to—

(a) the size of the development;

(b) the cumulation with other development;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of accidents, having regard in particular to substances or technologies used.

Location of development E+W

2.  The environmental sensitivity of geographical areas likely to be affected by development must be considered, having regard, in particular, to—

(a) the existing land use;

(b) the relative abundance, quality and regenerative capacity of natural resources in the area;

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under Member States’ legislation; areas designated by Member States pursuant to Council Directive 79/409/EEC on the conservation of wild birds M1 and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora M2 ;

(vi) areas in which the environmental quality standards laid down in Community legislation have already been exceeded;

(vii) densely populated areas;

(viii) landscapes of historical, cultural or archaeological significance.

Marginal Citations

M1 O.J. No. L 103, 25.4.1979, p. 1.

M2 O.J. No. L 206, 22.7.1992, p. 7.

Characteristics of the potential impact E+W

3.  The potential significant effects of development must be considered in relation to criteria set out under paragraphs 1 and 2 above, and having regard in particular to—

(a) the extent of the impact (geographical area and size of the affected population);

(b) the transfrontier nature of the impact;

(c) the magnitude and complexity of the impact;

(d) the probability of the impact;

(e) the duration, frequency and reversibility of the impact.