Regulation 3 Interpretation of “relevant project”I1

England and Wales

(1)

For the purposes of these Regulations, a project is a relevant project if—

(a)

it is a project of a type specified in paragraph (2) of this regulation;

(b)

subject to paragraph (3) of this regulation, it is likely, by virtue of factors such as its nature, size or location, to have significant effects on the environment; and

(c)

the carrying out of the project—

(i)

does not involve development, F1...

(ii)

involves development in England F2... which is not mentioned in Schedule 1 to or in column 1 of the table in Schedule 2 to F3the Town and Country Planning (Environmental Impact Assessment) F4Regulations 2017; or

F5(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;

F6(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; or

F7(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.

(2)

The types of project referred to in paragraph (1)(a) of this regulation are—

(a)

afforestation;

(b)

deforestation;

(c)

forest road works;

(d)

forest quarry works.

F8(3)

For the purposes of paragraph (1)(b), and subject to F9... regulations 6(3) and 7(6), a project is to be treated as being F10not likely 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.

F11(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.

Annotations

Textual amendments

F1: Word in reg. 3(1)(c) omitted (16.5.2017) by virtue of The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 5(2) (with reg. 28)
F2: Words in reg. 3(1)(c)(ii) omitted (16.5.2017) by virtue of The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 5(3)(a) (with reg. 28)
F3: Words in reg. 3(1)(c)(ii) substituted (E.) (24.8.2011) by The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. 2011/1824), reg. 1(1), Sch. 6 para. 8
F4: Words in reg. 3(1)(c)(ii) substituted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 5(3)(b) (with reg. 28)
F5: Reg. 3(1)(c)(iia) inserted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 5(4) (with reg. 28)
F6: Reg. 3(1)(c)(iii) substituted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 5(5) (with reg. 28)
F7: Reg. 3(1)(c)(iv) inserted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 5(6) (with reg. 28)
F8: Reg. 3(3) substituted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 5(7) (with reg. 28)
F9: Words in reg. 3(3) omitted (17.9.2018) by virtue of The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 8(3)(a)
F10: Words in reg. 3(3) substituted (17.9.2018) by The Environment, Food and Rural Affairs (Miscellaneous Amendments and Revocations) Regulations 2018 (S.I. 2018/942), regs. 1(2), 8(3)(b)
F11: Reg. 3(4)(5) inserted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 5(8) (with reg. 28)

Commencement

I1: Reg. 3 in force at 6.9.1999, see reg. 1(1)