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

Regulation 4(5)

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

Characteristics of developmentE+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 developmentE+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

M1O.J. No. L 103, 25.4.1979, p. 1.

M2O.J. No. L 206, 22.7.1992, p. 7.

Characteristics of the potential impactE+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.