The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

Interpretation

2.—(1) In these Regulations—

“the Act” means the Planning Act 2008(1);

“any other information” means any other substantive information relating to the environmental statement or updated environmental statement and provided by the applicant;

“any particular person” includes any non-governmental organisation promoting environmental protection;

“applicant” means—

(a)

an applicant for an order granting development consent or a person who proposes to apply for such an order: or

(b)

an applicant for subsequent consent or a person who proposes to make a subsequent application;

“associated development” means development for which development consent may be granted in accordance with section 115 (development for which development consent may be granted);

“the consultation bodies” means—

(a)

a body prescribed under section 42(a) (duty to consult) and listed in column 1 of the table set out at Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009(2) where the circumstances set out in column 2 are satisfied in respect of that body;

(b)

each authority that is within section 43 (local authorities for purposes of section 42(b)); and

(c)

if the land to which the application, or proposed application, relates or any part of that land is in Greater London, the Greater London Authority;

“the Directive” means Council Directive 85/337/EEC(3);

“EIA development” means development which is either—

(a)

Schedule 1 development; or

(b)

Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

“environmental information” means the environmental statement (or in the case of a subsequent application, the updated environmental statement), including any further information and any other information, any representations made by any body required by these Regulations to be invited to make representations, and any representations duly made by any other person about the environmental effects of the development and of any associated development;

“environmental statement” means a statement—

(a)

that includes such of the information referred to in Part 1 of Schedule 4 as is reasonably required to assess the environmental effects of the development and of any associated development and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile; but

(b)

that includes at least the information referred to in Part 2 of Schedule 4;

“exempt development” means development in respect of which the Secretary of State has made a direction under regulation 5(5);

“further information” means additional information which in the view of the Commission, the Examining authority, the Secretary of State or the relevant authority is required to be included in a statement in order for it to be an environmental statement or an updated environmental statement;

“preliminary environmental information” means information referred to in Part 1 of Schedule 4 which—

(a)

has been compiled by the applicant; and

(b)

is reasonably required to assess the environmental effects of the development (and of any associated development);

“register” means a register kept pursuant to section 39 (register of applications);

“relevant authority” means the body to which it falls to determine a subsequent application;

“relevant local planning authority” has the meaning given in section 173;

“Schedule 1 development” means development, other than exempt development, of a description mentioned in Schedule 1;

“Schedule 2 development” means development, other than exempt development, of a description mentioned in Schedule 2;

“scoping opinion” means a written statement—

(a)

by the Commission as to the information to be provided in an environmental statement; or

(b)

by the relevant authority as to the supplementary information to be provided in an updated environmental statement;

“screening direction” means a direction made by the Secretary of State as to whether development (including any associated development) is EIA development;

“screening opinion” means a written statement of the opinion of the Commission or the Examining authority as to whether development (including any associated development) is EIA development;

“subsequent application” means an application for approval of a matter where—

(a)

the application is made in pursuance of a requirement imposed by an order granting development consent; and

(b)

the approval must be obtained before all or part of the development permitted by the consent may be begun;

“subsequent consent” means consent granted pursuant to a subsequent application;

“subsequent screening opinion” means a written statement of a relevant authority as to whether supplementary information is required to enable it to determine a subsequent application;

“supplementary information” means information reasonably required to assess the environmental effects of a development and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile;

“updated environmental statement” means the environmental statement submitted as part of an application for an order granting development consent, updated to include any supplementary information.

(2) Any reference in these Regulations to a section is a reference to a section of the Act.

(3) Expressions used both in these Regulations and in the Act have the same meaning for the purposes of these Regulations as they have for the purposes of the Act.

(4) Expressions used both in these Regulations and in the Directive have the same meaning for the purposes of these Regulations as they have for the purposes of the Directive with the exception of the expression “the Commission(4)”.

(5) In these Regulations any reference to a Council Directive is a reference to that Directive as amended at the date these Regulations were made.

(1)

2008 c. 29.

(2)

S.I. 2009/2264.

(3)

O.J. No. L 175, 5.7.1985, p.40. Council Directive 85/337/EEC was amended by Council Directive 97/11/EC, O.J. No. L 73, 14.3.1997, p.5 and by Directive 2003/35/EC of the European Parliament and of the Council, O.J. No. L 156, 25.6.2003, p.17.

(4)

The Commission is defined for the purposes of the Act in section 235.