Regulation 5 Amendment of regulation 3

Regulation 3 (interpretation of “relevant project”) is amended as follows.

In paragraph (1)(c)(i), at the end, omit “or”.

In paragraph (1)(c)(ii)^f1—

After paragraph (1)(c)(ii), insert—

“(iia)

involves development in Wales which is not mentioned in Schedule 1, or in column 1 of the table in Schedule 2, to the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017^f2;”.

For paragraph (1)(c)(iii), substitute—

“(iii)

involves development in England for which planning permission is granted by Part 6 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015^f3; or”.

After paragraph (1)(c)(iii), insert—

“(iv)

involves development in Wales for which planning permission is granted by Part 7 of Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995^f4.”.

For paragraph (3), substitute—

“(3)

For the purposes of paragraph (1)(b), and subject to paragraphs (4) and (5) (in relation to England) and regulations 6(3) and 7(6), a project is to be treated as being likely to have, or not to have, significant effects on the environment in accordance with—

(a)

paragraph 1A of Schedule 2, in relation to projects in England; and

(b)

paragraph 2 of Schedule 2, in relation to projects in Wales.”.

After paragraph (3), insert—

“(4)

For the purposes of paragraph (1)(b), where the project is an afforestation project in England of the kind to which regulation 3A applies, the project is to be treated as being likely to have, or not to have, significant effects on the environment in accordance with that regulation.

(5)

For the purposes of paragraph (1)(b), where the project is an afforestation project in England of the kind to which regulation 3B applies, the project is to be treated as being likely to have, or not to have, significant effects on the environment in accordance with that regulation.”.