2.—(1) In these Regulations—
“the 1991 Act” means the Planning and Compensation Act 1991 M1;
“the 1995 Act” means the Environment Act 1995 M2;
“the Act” means the Town and Country Planning Act 1990 M3;
“appropriate register” means the register on which particulars of an application for planning permission for the relevant development or an application for subsequent consent have been placed or would fall to be placed if such an application were made;
“the consultation bodies” means—
any body which the relevant planning authority is required to consult, or would, if an application for planning permission for the development in question were before them, be required to consult by virtue of article 18 (consultations before the grant of permission) of the Order or of any direction under that article;
the Marine Management Organisation M4, in any case where the proposed development would affect, or would be likely to affect, any of the following areas—
waters in or adjacent to England up to the seaward limits of the territorial sea;
an exclusive economic zone M5, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;
a Renewable Energy Zone M6, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;
an area designated under section 1(7) of the Continental Shelf Act 1964 M7, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions; and
the following bodies if not referred to in paragraph (a) or (b)—
any principal council for the area where the land is situated, if not the relevant planning authority;
Natural England M8;
the Environment Agency M9;
other bodies designated by statutory provision as having specific environmental responsibilities and which the relevant planning authority or the Secretary of State, as the case may be, considers are likely to have an interest in the application;
[F1“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);]
“the Directive” means Council Directive 2011/92/EU [F2as it had effect immediately before exit day];
“EIA” has the meaning given by regulation 4;
“EIA application” means—
an application for planning permission for EIA development; or
a subsequent application in respect of EIA development;
“EIA development” means development which is either—
Schedule 1 development; or
Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location;
“EIA order proposal” means an order proposal which relates to EIA development;
“environmental information” means the 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;
“environmental statement” has the meaning given by regulation 18;
“European site” means a site within the meaning of regulation 8 of [F3the Conservation of Habitats and Species Regulations 2017];
[F4“EU environmental assessment” means an assessment of the effect of anything on the environment carried out under retained EU law other than any law of any part of the United Kingdom that implemented the Directive;]
“exempt development” means development in respect of which the Secretary of State has made a direction under regulation 63;
“further information” has the meaning given in regulation 25;
“inspector” means a person appointed by the Secretary of State pursuant to paragraph 1 of Schedule 6 M10 to the Act to determine an appeal;
“the land” means the land on which the development would be carried out or, in relation to development already carried out, has been carried out;
“by local advertisement”, in relation to a notice, means—
by publication of the notice in a newspaper circulating in the locality in which the land to which the application or appeal relates is situated; and
publication of the notice on a website maintained by or on behalf of the authority;
“local development order” means a local development order made pursuant to section 61A M11 (Local development orders) of the Act;
“monitoring measure” means a provision requiring the monitoring of any significant adverse effects on the environment of proposed development including any measures contained in—
a condition imposed on the grant of planning permission; or
a planning obligation;
“neighbourhood development order” means a neighbourhood development order made pursuant to section 61E M12 (Neighbourhood development orders) of the Act;
“the Order” means the Town and Country Planning (Development Management Procedure) (England) Order 2015 M13;
“order proposal” means a proposal for the making of a neighbourhood development order by a qualifying body under paragraph 1 of Schedule 4B M14 to the Act;
“any other information” means any other substantive information relating to the environmental statement and provided by the applicant or the appellant as the case may be;
“any particular person” includes any non-governmental organisation promoting environmental protection;
“principal council” has the meaning given by section 270(1) (general provisions as to interpretation) of the Local Government Act 1972 M15;
“qualifying body” has the meaning given by section 61E(6) (Neighbourhood development Orders) of the Act;
“register” means a register kept pursuant to article 40 of the Order (register of applications) and references to a “Part” of the register are to be taken as references to the Parts of the register as described in article 40 of the Order;
“relevant mineral planning authority” means the body to whom it falls, fell, or would, but for a direction under—
paragraph 7 of Schedule 2 (registration of old mining permissions) to the 1991 Act;
paragraph 13 of Schedule 13 (review of old mineral planning permissions) to the 1995 Act; or
paragraph 8 of Schedule 14 (periodic review of mineral planning permissions) to the 1995 Act,
fall to determine the ROMP application in question;
“relevant planning authority” means the body to whom it falls, fell, or would, but for an application made directly to the Secretary of State under section 62A M16 of the Act (applications made directly to the Secretary of State) or a direction under section 77 M17 of the Act (reference of applications to Secretary of State), fall to determine an application for planning permission for the development in question;
“ROMP application” means an application to a relevant mineral planning authority to determine the conditions to which a planning permission is to be subject under—
“ROMP development” means development which has yet to be carried out and which is authorised by a planning permission in respect of which a ROMP application has been or is to be made;
“ROMP subsequent application” means an application for approval of a matter where the approval—
is required by or under a condition to which a planning permission is subject following determination of a ROMP application; and
must be obtained before all or part of the minerals development permitted by the planning permission may be begun or continued;
“ROMP subsequent consent” means consent granted pursuant to a ROMP subsequent application;
“Schedule 1 application” and “Schedule 2 application” mean an application for planning permission for Schedule 1 development and Schedule 2 development respectively;
“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 column 1 of the table in Schedule 2 where—
any part of that development is to be carried out in a sensitive area; or
any applicable threshold or criterion in the corresponding part of column 2 of that table is respectively exceeded or met in relation to that development;
“scoping direction” and “scoping opinion” have the meanings given in regulation 15;
“screening direction” means a direction made by the Secretary of State as to whether development is EIA development;
“screening opinion” means a written statement of the opinion of the relevant planning authority as to whether development is EIA development;
“sensitive area” means any of the following—
land notified under section 28(1) (sites of special scientific interest) of the Wildlife and Countryside Act 1981 M20;
a National Park within the meaning of the National Parks and Access to the Countryside Act 1949 M21;
the Broads M22;
a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage M23;
a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 M24;
an area of outstanding natural beauty designated as such by an order made by Natural England under section 82(1) (areas of outstanding natural beauty) of the Countryside and Rights of Way Act 2000 M25 as confirmed by the Secretary of State;
a European site;
“subsequent application” means an application for approval of a matter where the approval—
is required by or under a condition to which a planning permission is subject; and
must be obtained before all or part of the development permitted by the planning permission may be begun;
“subsequent consent” means consent granted pursuant to a subsequent application;
“UK environmental assessment” means an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything on the environment.
(2) Subject to paragraph (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.
(3) Expressions used both in these Regulations and in the Directive (whether or not also used in the Act) have the same meaning for the purposes of these Regulations as they have for the purposes of the Directive.
(4) In these Regulations references to the Secretary of State must not be construed as references to an inspector.
Textual Amendments
F1Words in reg. 2(1) inserted (temp.) (24.12.2020) by The Town and Country Planning (Local Planning, Development Management Procedure, Listed Buildings etc.) (England) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/1398), regs. 1(2), 7 (with regs. 13, 15, 17-20)
F2Words in reg. 2(1) added (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 6(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in reg. 2(1) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 79(2)
F4Words in reg. 2(1) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 6(2)(b); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M4Established under section 1 of the Marine and Coastal Access Act 2009 (c. 23).
M5See section 41 of the Marine and Coastal Access Act 2009.
M6See section 84(4) of the Energy Act 2004 (c. 20), substituted by the Marine and Coastal Access Act 2009.
M71964 c. 29. Section 1(7) was amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c. 23) and section 103 of the Energy Act 2011 (c. 16).
M8Established under section 1 of the Natural Environment and Rural Communities Act 2006 (c. 16).
M9Established under section 1 of the Environment Act 1995 (c. 25).
M10Schedule 6 was amended by sections 32 and 84 of, paragraph 54 of Schedules 7, and Part I of Schedule 19 to the 1991 Act; paragraph 44 of Schedule 22 to the 1995 Act; sections 196 and 198 of, and paragraphs 1 and 14 of Schedule 10 to, the Planning Act 2008 (c. 29); sections 2 and 7 of, and paragraphs 1 and 9 of Schedule 2 to, the Growth and Infrastructure Act 2013 (c. 27); and section 51 of and paragraphs 8 and 16 of Schedule 5 to the Planning (Wales) Act 2015 (anwa. 4).
M11Section 61A of the Act was inserted by section 40 of the Planning and Compulsory Purchase Act 2004 (c. 5) and amended by sections 188 and 238 of, and Schedule 13 to, the Planning Act 2008 (c. 29).
M12Section 61E of the Act was inserted by section 116(1) of, and paragraphs 1 and 2 of Schedule 9 to, the Localism Act 2011 (c. 20) and amended by section 140 of the Housing and Planning Act 2016 (c. 22).
M14Schedule 4B to the Act was inserted by section 116 of, and Schedule 10 to, the Localism Act 2011 and amended by sections 140 and 141 of the Housing and Planning Act 2016.
M16Section 62A of the Act was inserted by section 1 of the Growth and Infrastructure Act 2013 and amended by section 153 of the Housing and Planning Act 2016.
M17Section 77 of the Act was amended by section 32 of, and paragraph 18 of Schedule 7 to, the 1991 Act; section 112 of, and paragraphs 1 and 10 of Schedule 12 to, the Localism Act 2011; section 190 of the Planning Act 2008; section 30 of, and paragraphs 2 and 11 of Part 2 of Schedule 4 to, the Infrastructure Act 2015 (c. 7); and section 150 of, and paragraphs 1 and 20 of Schedule 12 to, the Housing and Planning Act 2016.
M18Paragraph 9 of Schedule 13 to the 1995 Act was amended by S.I. 2003/956.
M19Paragraph 6 of Schedule 14 to the 1995 Act was amended by S.I. 2003/956.
M201981 c. 69. Section 28 was substituted by section 75(1) of, and paragraph 1 of Schedule 9 to, the Countryside and Rights of Way Act 2001 (c. 37) and amended by section 105(1) of, and paragraph 79 of Part 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16); and section 148 of, and paragraph 2 of Part 2 of Schedule 13 to, the Marine and Coastal Access Act 2009 (c. 23).
M211948 c. 97. See section 5(3).
M23See Command Paper 9424.
M241979 c. 46. See the definition in section 1(11).
M252000 c. 37. Section 82 was amended by section 105 of, and paragraph 163 of Part I of Schedule 11 to, the Natural Environment and Rural Communities Act 2006; and S.I. 2013/755.