Regulation 3(3)(b) and (4)

SCHEDULE 3MATTERS TO BE TAKEN INTO ACCOUNT UNDER REGULATION 3(3) AND 3(4)

Characteristics of development

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

(a)the size of the development;

(b)the cumulation with other developments;

(c)the use of natural resources;

(d)the production of waste;

(e)pollution and nuisances; and

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

Location of development

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; and

(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 EEA States' legislation;

(vi)special protection areas designated by EEA States pursuant to Directives 79/409/EEC(1) and 92/43/EEC(2);

(vii)areas in which the environmental quality standards laid down in legislation of the Communities have already been exceeded;

(viii)densely populated areas; and

(ix)landscapes of historical, cultural and archaeological significance.

Characteristics of the potential impact

3.  The potential significant effects of development must be considered in relation to criteria set out under 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; and

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

(1)

O.J. No. L103, 25.4.1979, p.1.

(2)

O.J. No. L206, 22.7.1992, p.7.