Regulation 4(6)
[F1SCHEDULE 3E+WSelection criteria for screening Schedule 2 development
Textual Amendments
F1Regulations revoked (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), regs. 1(2), 65(1) (subject to savings and transitional provisions in regs. 63, 65(2)-(10)) (as amended (1.4.2019) by The Town and Country Planning (Environmental Impact Assessment) (Wales) (Amendment) Regulations 2019 (S.I. 2019/299)), reg. 2(2)
Characteristics of developmentE+W
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.
Location of developmentE+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 [F2or under the legislation of any part of the UK, ] areas designated F3... [F4under EU-derived domestic legislation which transposed] Council Directive 2009/147/EC on the conservation of wild birds M1 and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora M2;
(vi)areas in which the environmental quality standards laid down in [F5 retained EU law ] have already been exceeded;
(vii)densely populated areas;
(viii)landscapes of historical, cultural or archaeological significance.
Textual Amendments
F2Words in Sch. 3 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), 4(8)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Sch. 3 para. 2(c)(v) omitted (31.12.2020) by virtue of 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), 4(8)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Sch. 3 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), 4(8)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Sch. 3 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), 4(8)(b); 2020 c. 1, Sch. 5 para. 1(1)
Marginal Citations
M1O.J. No. L 20, 26.1.2010, p. 7.
M2O.J. No. L 206, 22.7.1992, p. 7.
Characteristics of the potential impactE+W
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.]