Regulation 14 Exemptions for certain types of landI1

A local planning authority must not enter land in Part 2, where residential development of that land could be Schedule 1 development.

A local planning authority must not enter land in Part 2, where residential development of that land could be Schedule 2 development, unless—

For the purposes of paragraph (2)(a), F6regulation 6 (requests for screening opinions of the relevant planning authority) of the EIA Regulations 2017 applies with the following modifications—

A local planning authority must not enter land in Part 2 where residential development of that land could be habitats development, unless—

In this regulation—

• F8“competent authority” has the meaning given by regulation 7 of the Conservation of Habitats and Species Regulations 2017;

• “EIA development” has the same meaning as in paragraph (1) of regulation 2 of the EIA Regulations F92017;

• F10“the EIA Regulations 2017” means the Town and Country Planning (Environmental Impact Assessment) Regulations 2017;

• “European offshore marine site” has the meaning given by regulation 18 of the Conservation of Offshore Marine Habitats and Species Regulations 2017;

• “European site” has the meaning given by regulation 8 of the Conservation of Habitats and Species Regulations 2017;

• “habitats development” means development—

  1. (a)

     which is likely to have a significant effect on a European site or a European offshore marine site (either alone or in combination with other plans or projects) and is not directly connected with or necessary to the management of the site; and

  2. (b)

     for which the competent authority has not given consent, permission, or other authorisation in accordance with regulation 63 of the Conservation of Habitats and Species Regulations 2017 (Assessment of implications for European sites and European offshore marine sites).

• F11...

• ...

• “Schedule 1 development” and “Schedule 2 development” have the same meaning as in paragraph (1) of regulation 2 of the EIA Regulations 2017.