Paragraph 3 Thresholds for extending projectsI1

England and Wales

F1(1)

Where the project under consideration is an extending project—

(a)

the areas specified in Column 3 of the Table in paragraph 1A, and

(b)

the thresholds specified in Columns 2 and 3 of the Table in paragraph 2,

shall not apply, and the threshold or areas applicable for that project for the purposes of regulation 3(3) shall be instead such balance (if any), in hectares, of the area specified in Column 3 or, as the case may be, Columns 2 and 3, in those Tables opposite the entry in Column 1 for that type of project as remains after deduction of the accumulated material past project area.

(2)

For the purposes of sub-paragraph (b) above, it is immaterial whether any part of the accumulated material past project area is, or is not, in a sensitive area (or any kind of sensitive area).

(3)

In this paragraph—

(a)

“extending project” means any project covering, or proposed to cover, land adjoining the area of one or more material past projects

(b)

“material past project”, in relation to a particular extending project, means a project which—

(i)

is of the same type (as specified in regulation 3(2)) as that extending project; and

(ii)

was completed after the coming into force of these Regulations; and

(iii)

was completed not more than five years before the proposed date for starting the work relating to that extending project;

(c)

“accumulated material past project area”, in relation to a particular extending project, means the total area covered by—

(i)

the material past project or, if more than one, all of them; and

(ii)

every other project—

(A)

whose area adjoins the material past project, or one of them; and

(B)

which satisfies conditions (i) to (iii) in sub-paragraph (b) above.

Annotations

Textual amendments

F1: Sch. 2 para. 3(1) substituted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 24(6) (with reg. 28)

Commencement

I1: Sch. 2 para. 3 in force at 6.9.1999, see reg. 1(1)

Notes on Schedule 2

Textual amendments

F1: Word in Sch. 2 heading substituted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 24(2) (with reg. 28)
F2: Words in Sch. 2 heading 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(7)