The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

Interpretation U.K.

3.—(1) In these Regulations—

“the Act” means the Planning Act 2008 M1 ;

“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 M2 (development for which development consent may be granted);

“the consultation bodies” means—

(a)

a body prescribed under section 42(1)(a) M3 (duty to consult) and listed in column 1 of the table set out in Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 M4 where the circumstances set out in column 2 of that table are satisfied in respect of that body;

(b)

each authority that is within section 43 M5 (local authorities for purposes of section 42(1)(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 2011/92/EUM6 [F1 as it had effect immediately before exit day];

“EIA” has the meaning given by regulation 5;

“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 [F2 and of any associated development];

“environmental statement” has the meaning given by regulation 14;

“Examining authority” means the Panel or single appointed person appointed under section 65 (appointment of members, and lead member, of Panel) or section 79 (appointment of single appointed person) to examine an application under section 37, and may include one or more members of the Panel allocated a function of the Panel in accordance with section 76 (allocation within Panel of Panel's functions) M7 ;

[F3 “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 33;

“further information” means additional information which, in the view of the Examining authority, the Secretary of State or the relevant authority, is directly relevant to reaching a reasoned conclusion on the significant effects of the development on the environment and which it is necessary to include in an environmental statement or updated environmental statement in order for it to satisfy the requirements of regulation 14(2);

“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 requirement imposed by an order granting development consent;

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

“register” means a register kept pursuant to section 39 M8 (register of applications);

“relevant authority” means the body which determines a subsequent application;

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

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

“scoping opinion” means a written statement—

(a)

by the Secretary of State as to the information to be provided in an environmental statement as described in regulation 10(1); or

(b)

by the relevant authority as to any further information to be provided in an updated environmental statement as described in regulation 10(2);

“screening direction” means a direction made by the Secretary of State as to whether or not development (including any associated development) is EIA development;

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

“subsequent application” means an application to the relevant authority 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 begin;

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

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

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

(2) Except in regulation 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.

Textual Amendments

F1 Words in reg. 3(1) added (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 7(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in reg. 3(1) inserted (1.10.2018) by The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. 2018/695), regs. 1, 6(2)

F3 Words in reg. 3(1) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 7(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 2008, c. 29.

M2 Section 115 was amended by sections 128 and 237 of, paragraphs 1 and 56 of Part 1 of Schedule 13 to, and Part 20 of Schedule 25 to, the Localism Act 2011 (c. 20); by section 43 of the Wales Act 2017 (c.4); and by section 160 of the Housing and Planning Act 2016 (c. 22).

M3 Section 42 was amended by section 23 of the Marine and Coastal Access Act 2009 (c. 23).

M4 S.I. 2009/2264; relevant amending instruments are S.I. 2010/439, 2012/2654, 2012/2732, 2013/522, 2013/755, 2014/469, 2015/377, 2015/1682.

M5 Section 43 was amended by section 23 of the Marine and Coastal Access Act 2009, and by section 133 of the Localism Act 2011.

M6 OJ No. L 26, 28.1.2012, p.1-21. Council Directive 2011/92/EU has been amended by Council Directive 2014/52/EU, OJ No. L 124, 25.4.2014, p. 1–18.

M7 Under Part 6 of the Act the Secretary of State must decide whether an accepted application for an order granting development consent is to be handled by a Panel or by a single appointed person. The Panel or single appointed person (known as the “Examining authority”) must conduct an examination of the application and make a report to the Secretary of State setting out the Examining authority's findings and conclusions in respect of the application and its recommendation as to the decision to be made by the Secretary of State on the application.

M8 Section 39 was amended by section 128 of, and paragraphs 7(2) and 7(3) of Schedule 13 to, the Localism Act 2011 (c. 20).