Paragraph 2 Location of development

England and Wales

The environmental sensitivity of geographical areas likely to be affected by the development must be considered, having regard in particular to—

(a)

the existing and approved land use;

(b)

the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;

(c)

the absorption capacity of the natural environment, paying particular attention to the following areas—

(i)

wetlands, riparian areas and river mouths;

(ii)

coastal zones and the marine environment;

(iii)

mountain and forest areas;

(iv)

nature reserves and parks;

(v)

areas classified or protected under domestic legislation or legislation of F1... EEA states;

(vi)

European sites (as defined in regulation 8(1) of F2the Conservation of Habitats and Species Regulations 2017);

(vii)

areas in which there has already been a failure to meet environmental quality standards that are set out in F3F4assimilated law and are relevant to the development, or in which it is thought that there is such a failure;

(viii)

densely-populated areas;

(ix)

landscapes and sites of historical, cultural or archaeological significance.

Annotations

Textual amendments

F1: Word in Sch. 3 para. 2(c)(v) omitted (31.12.2020) by virtue of The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 10(10)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Sch. 3 para. 2(c)(vi) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 81(4)
F3: Words in Sch. 3 para. 2(c)(vii) substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 10(10)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4: Word in Sch. 3 para. 2(c)(vii) substituted (27.2.2025) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendments) Regulations 2025 (S.I. 2025/82), reg. 1(2), Sch. 13 para. 8(2)(d)