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.
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 M1 on the conservation of wild birds M2 [F1or Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds] and Council Directive 92/43/EEC M3 on the conservation of natural habitats and of wild fauna and flora M4;
(vi)areas in which the environmental quality standards laid down in EU legislation have already been exceeded;
(vii)densely populated areas;
(viii)landscapes of historical, cultural or archaeological significance.
Textual Amendments
F1Words in Sch. 1 para. 2(c)(v) inserted (7.3.2019) by The Environmental Assessment of Plans and Programmes and the Environmental Impact Assessment (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2019 (S.I. 2019/245), regs. 1(2)(3), 3(4)(a)(iii)
Marginal Citations
M1O.J. No. L103, 25.4.79, p.1.
M2The Wild Birds Directive was last amended by Council Directive 2008/102/EC, O.J. No. L323, 3.12.2008, p.31.
M3O.J. No. L206, 27.7.92, p.7.
M4The Habitats Directive was last amended by Council Directive 2006/105/EC of 20 November 2006 adapting Directives 79/409/EEC, 92/43/EEC, 97/68/EC, 2001/80/EC and 2001/81/EC in the field of environment, by reason of the accession of Bulgaria and Romania (O.J. No. L363, 20.12.2006, p. 368; and see O.J. L80, 21.3.2007, p. 15, for the Corrigendum amending the original title).
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.