PART 9Restrictions of Grants of Permission
Section 97 orders and section 102 orders40
1
This regulation applies where a local planning authority or the Welsh Ministers propose to make or confirm a section 97 order modifying any permission to develop land or a section 102 order granting planning permission.
2
The local planning authority must not make and the Welsh Ministers must not make or confirm a section 97 order or a section 102 order in relation to Schedule 2 development unless the authority have requested and adopted a screening opinion or the Welsh Ministers have made a screening direction.
3
Where this regulation applies—
a
regulation 6(4) does not apply;
b
regulation 7(1) applies as if the words “pursuant to regulation 6(8)” were omitted;
c
regulations 6(2), (4), (5) to (9) and 7(1), (3) to (9) apply as if references to—
i
an application for planning permission, are to a proposal for a section 97 or a section 102 order;
ii
a relevant planning authority, are to the body to whom it falls to make the section 97 or section 102 order;
iii
the applicant are to the initiating body; and
iv
a Schedule 1 or a Schedule 2 application are to a proposal of a section 97 order or a section 102 order which would grant or modify planning permission for Schedule 1 development or Schedule 2 development respectively.
4
Paragraphs (5) and (6) and Schedule 6 apply in either case—
a
to Schedule 1 development;
b
where either—
i
the local planning authority adopts a screening opinion, or
ii
the Welsh Ministers make a screening direction under these Regulations,
to the effect that the development is EIA development.
5
The local planning authority must not make a section 97 order which permits or requires EIA development unless an environmental impact assessment has been carried out in relation to that development.
6
The Welsh Ministers must not confirm or make a section 97 order or a section 102 order which permits or requires EIA development unless an environmental impact assessment has been carried out in relation to that development.