The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009

Location of development E+W

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 [F1 or the legislation of any part of the UK]; areas designated [F2 under EU-derived domestic legislation which transposed] Council Directive 79/409/EEC M1 on the conservation of wild birds M2 [F3 or 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 [F4 retained EU law] have already been exceeded;

(vii) densely populated areas;

(viii) landscapes of historical, cultural or archaeological significance.

Textual Amendments

F1 Words in Sch. 1 para. 2(c)(v) inserted (31.12.2020) 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)(i); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Sch. 1 para. 2(c)(v) substituted (31.12.2020) 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)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words 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)

F4 Words in Sch. 1 para. 2(c)(vi) substituted (31.12.2020) 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)(b); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M1 O.J. No. L103, 25.4.79, p.1.

M2 The Wild Birds Directive was last amended by Council Directive 2008/102/EC, O.J. No. L323, 3.12.2008, p.31.

M3 O.J. No. L206, 27.7.92, p.7.

M4 The 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).