# The Town and Country Planning (Environmental Impact Assessment) (Amendment) Regulations 2006 S.I. 2006/3295 · made 11 December 2006 · revised to 24 August 2011 These Regulations amend the Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999 in respect of England only, though regulation 22 inserts provisions that also apply in relation to Scotland, Wales and Northern Ireland. PDFs: Printed copy https://openlegislation.uk/town-and-country-planning-environmental-impact-assessment-amendment-regulations-2006/pdf/uksi_20063295_en.pdf; Explanatory Memorandum https://openlegislation.uk/town-and-country-planning-environmental-impact-assessment-amendment-regulations-2006/pdf/uksiem_20063295_en.pdf ## Introductory text town and country planning Made 11th December 2006 Laid before Parliament 18th December 2006 Coming into force 15th January 2007 The Secretary of State is a designated Minister for the purposes of section 2(2) of the European Communities Act 1972 in relation to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment. The Secretary of State accordingly makes the following Regulations, in exercise of the powers conferred by that section. ## 1 Citation, commencement and application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 2 Amendment of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 3 Application of the Regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 4 Amendment of regulation 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 5 Amendment of regulation 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 6 Amendment of regulation 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 7 Amendment of regulation 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 8 Amendment of regulation 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 9 Amendment of regulation 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 10 Amendment of regulation 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 11 Amendment of regulation 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 12 Amendment of regulation 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 13 Amendment of regulation 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 14 Amendment of regulation 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 15 Amendment of regulation 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 16 Amendment of regulation 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 17 Planning permission granted by local development order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 18 Amendment of regulation 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 19 Amendment of regulation 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 20 Amendment of regulation 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 21 Consequential Amendment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 22 Projects serving national defence projects in Scotland, Wales and Northern Ireland . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ## 23 Amendment of Schedule 1 In Schedule 1, after paragraph 20, add— “ 21 Any change to or extension of development listed in this Schedule where such a change or extension itself meets the thresholds, if any, or description of development set out in this Schedule.”. ## 24 Amendment of Schedule 2 In Schedule 2, in paragraph 13(a) in column 1 (description of development), after “in Schedule 1” insert “ (other than a change or extension falling within paragraph 21 of that Schedule) ”. ## Signature Signed by authority of the Secretary of State Kay Andrews Parliamentary Under Secretary of State Department for Communities and Local Government ## Explanatory note (This note is not part of the Regulations) These Regulations amend the Town and Country Planning (Environmental Impact Assessment)(England and Wales) Regulations 1999 in respect of England only, though regulation 22 inserts provisions that also apply in relation to Scotland, Wales and Northern Ireland. The Regulations give effect to Article 3 of Directive 2003/35/EC of the European Parliament of the Council of 26 May 2003 (OJ L 156, 25.6.2003, p17) (“the Directive”) in so far as it affects public participation in the decision making process for applications and appeals relating to development for which environmental impact assessment is required. The Directive provides for public participation in respect of the drawing up of certain plans and programmes relating to the environment and amends with regard to public participation and access to justice Council Directives 85/337/EEC (OJ L 175, 5.7.1985, p.40) as amended by Directive 97/11/EC (OJ L 73, 14.3.1997, p.5) and 96/61/EC (OJ L 257, 10.10.1996). The Regulations also apply the requirements of Council Directive 85/337/EEC, which requires the assessment of the likely environmental effects of major new development, to local development orders. Local development orders made under section 61A of the Town and Country Planning Act 1990 grant planning permission for development specified in the order or for development of any class specified. Regulation 3 amends regulation 1 to provide that regulations 36 to 38, inserted by these Regulations, shall apply to Scotland, Wales and Northern Ireland respectively. Regulation 4 makes amendments to the definitions of “consultation bodies”, “environmental information”, “exempt development”. It inserts new definitions of “by local advertisement” which provides another means of publicity using electronic means; “any other information”, to apply to information other than that contained in the environmental statement and further information; “any particular person”, which includes non-governmental organisations that promote environmental protection; “local development order” and “LDO”. Regulation 5 amends the Secretary of State's ability to direct that a particular proposed development is exempted from the application of these Regulations. The Secretary of State may also direct that these Regulations will not apply to an application for development serving national defence purposes, where compliance is likely to have an adverse effect on such purposes. The regulation has been amended as a consequence of the removal of the exemption for national defence projects by Article 3(2) of the Directive. Regulations 6 to 10 insert provision for persons and environmental organisations likely to be affected by or having an interest in an application to be notified. Regulations 9, 11, 12, 16 and 17 reduce the number of copies of the environmental statement or further information to be sent to the Secretary of State. Regulations 13, 14, 18 and 19 extend the requirements in relation to further information to any other information provided by the applicant relating to the environmental statement. Regulation 15 amends regulation 21 (duties to inform the public and the Secretary of State of final decision) and requires more extensive notification of decisions and information to be provided on the right to challenge the decision. Regulation 17 inserts regulation 24A, which applies the requirements of Council Directive 85/337/EEC, the environmental impact assessment directive, to local development orders. Regulation 21 is a consequential amendment brought about by changes to article 20 of the Town and Country Planning (General Development Procedure) Order 1995 made by SI 2006/1062. Regulation 22 inserts regulations 36 to 38. The requirements of Directive 85/337/EEC may not apply to projects serving national defence purposes, where otherwise their application might have an adverse effect on those purposes. The decision whether the requirements of the Directive should apply to such projects must be taken on a case by case basis. For developments that comprise or form part of a project serving national defence purposes situated in the areas of the devolved administrations, the decision not to apply the requirements of the Directive, as transposed by the relevant devolved administrations, will be taken by the Secretary of State, because national defence is a reserved matter. The Secretary of State may issue a direction that such projects are exempt from the relevant EIA requirements where, in her opinion, compliance with the relevant provisions will have an adverse effect on national defence purposes. Prior to making a direction, the Secretary of State shall notify the relevant devolved administration. Regulations 23 and 24 amend Schedules 1 and 2 in line with the new category introduced into Annex 1 of the Directive. This new category of project is a change to or extension of a Schedule 1 project where the change or extension itself meets the Schedule 1 thresholds for that type of project. A Regulatory Impact Assessment has been prepared in relation to the Regulations. It has been placed in the Library of each House of Parliament and copies may be obtained from the Department for Communities and Local Government, Eland House, Bressenden Place, London SW1E 5DU. --- Source: https://www.legislation.gov.uk/uksi/2006/3295 (the official version) Page: https://openlegislation.uk/town-and-country-planning-environmental-impact-assessment-amendment-regulations-2006 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.