OpenLegislation

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

S.I. 2017/571 · Made 18 April 2017 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 May 2025.

Town And Country Planning

Made 18th April 2017

Laid before Parliament 19th April 2017

Coming into force 16th May 2017

The Secretary of State has been designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to measures relating to the environment.

The Secretary of State in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 71A(1) and (2) and 298A(2) of the Town and Country Planning Act 1990 M3, and having taken into account the selection criteria in Annex III to Council Directive 2011/92/EU M4, makes the following Regulations:C1C2C3C4

Annotations to the whole text

Marginal citations

M1

S.I. 2008/301.

M2

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

M3

1990 c.8. Section 71A was inserted by section 15 of the 1991 Act, and was amended by paragraph 16 of Schedule 12 to the Housing and Planning Act 2016 (c. 22) and S.I. 2011/1043.

M4

OJ No. L 26, 28.1.2012, p.1.

Modifications

C1

Regulations applied (with modifications) by The Town and Country Planning (Permission in Principle) Order 2017 (S.I. 2017/402), art. 5B(2)-(4) (as inserted (1.6.2018) by S.I. 2017/1309, arts. 1, 4)

C2

Regulations modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 55(1)

C3

Regulations power to amend or revoke conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 1 (with s. 247)

C4

Regulations power to modify (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 108(3), 255(3)(a) (with s. 247)

Contents

  1. Part 1: General
  2. 1Citation, commencement and application
  3. 2Interpretation
  4. 3Prohibition on granting planning permission or subsequent consent for EIA development
  5. 4Environmental impact assessment process
  6. Part 2: Screening
  7. 5General provisions relating to screening
  8. 6Requests for screening opinions of the relevant planning authority
  9. 7Requests for screening directions of the Secretary of State
  10. Part 3: Procedures relating to applications for planning permission
  11. 8Applications which appear to require screening opinion
  12. 9Subsequent applications where environmental information previously provided
  13. 10Subsequent applications where environmental information not previously provided
  14. 11EIA applications made to a relevant planning authority without an environmental statement
  15. 12EIA applications made directly to the Secretary of State without an environmental statement
  16. 13Application referred to the Secretary of State without an environmental statement
  17. 14Appeal to the Secretary of State without an environmental statement
  18. Part 4: Preparation of environmental statements
  19. 15Scoping opinions of the local planning authority
  20. 16Scoping directions of the Secretary of State
  21. 17Procedure to facilitate preparation of environmental statements
  22. Part 5: Publicity and procedures on submission of environmental statements and decision making
  23. 18Environmental statements
  24. 19Procedure where an environmental statement is submitted to a local planning authority
  25. 19AExceptions to requirements in relation to publication of notice, inspection of copies and availability of copies for the period from 24th December 2020 to 31st December 2021
  26. 20Publicity where an environmental statement is submitted after the planning application
  27. 21Provision of copies of environmental statements, any other information and further information for the Secretary of State on referral or appeal
  28. 22Procedure where an environmental statement is submitted to the Secretary of State
  29. 23Availability of copies of environmental statements
  30. 23AException to requirement to ensure availability of copies of environmental statements
  31. 24Charges for copies of environmental statements
  32. 25Further information and evidence respecting environmental statements
  33. 25AExceptions to requirements in relation to publication of notice, inspection of copies and availability of copies for the period from 24th December 2020 to 30th June 2021
  34. 25BExceptions to requirements in relation to inspection of copies and availability of copies for the period from 1st July 2021 to 31st December 2021
  35. 26Consideration of whether planning permission or subsequent consent should be granted
  36. 27Co-ordination
  37. Part 6: Availability of directions etc and notification of decisions
  38. 28Availability of opinions, directions etc for inspection
  39. 29Information to accompany decisions
  40. 30Duty to inform the public and the Secretary of State of final decisions
  41. Part 7: Restrictions of grants of permission
  42. 31New simplified planning zone schemes or enterprise zone orders
  43. 32Local development orders
  44. 33Neighbourhood development orders
  45. 33AOther orders made by a local planning authority
  46. 33BMiscellaneous orders and notices made by the Secretary of State
  47. Part 8: Unauthorised development
  48. 34Interpretation
  49. 35Duty to ensure objectives of the Directive are met
  50. 36Prohibition on the grant of planning permission for unauthorised EIA development
  51. 37Screening opinions of the local planning authority
  52. 38Screening directions of the Secretary of State
  53. 39Provision of information
  54. 40Appeal to the Secretary of State without a screening opinion or screening direction
  55. 41Appeal to the Secretary of State without an environmental statement
  56. 42Procedure where an environmental statement is submitted to the Secretary of State
  57. 43Further information and evidence respecting environmental statements
  58. 44Publicity for environmental statements or further information
  59. 45Public inspection of documents
  60. 46Significant transboundary effects
  61. Part 9: ROMP Applications
  62. 47General application of the Regulations to ROMP applications
  63. 48Modification of provisions on prohibition of granting planning permission or subsequent consent
  64. 49Modification of provisions on application to local planning authority without an environmental statement
  65. 50Disapplication of regulations and modifications of provisions on application referred to or appealed to the Secretary of State without an environmental statement
  66. 51Substitution of references to section 78 right of appeal and modification of provisions on appeal to the Secretary of State without an environmental statement
  67. 52Modification of provisions on preparation, publicity and procedures on submission of environmental statements
  68. 53Modification of provisions on application to the High Court and giving of directions
  69. 54Suspension of minerals development
  70. 55Determination of conditions and right of appeal on non-determination
  71. 56ROMP application by a mineral planning authority
  72. 57ROMP applications: duty to make a prohibition order after two years suspension of permission
  73. Part 10: Development with significant transboundary effects
  74. 58Development in England likely to have significant effects in an EEA State
  75. 59Projects in an EEA State likely to have significant transboundary effects
  76. Part 11: Exemptions
  77. 60Projects serving national defence purposes in Scotland
  78. 61Projects serving national defence purposes in Wales
  79. 62Projects serving national defence purposes in Northern Ireland
  80. 63Exemptions
  81. Part 12: Miscellaneous
  82. 64Objectivity and bias
  83. 65Service of notices etc
  84. 66Application to the High Court
  85. 67Hazardous waste and material change of use
  86. 68Extension of the period for an authority's decision on a planning application
  87. 69Extension of the power to provide in a development order for the giving of directions as respects the manner in which planning applications are dealt with
  88. 70Application to the Crown
  89. 71Review
  90. 72Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015
  91. 73Amendment of the Town and Country Planning (General Permitted Development) (England) Order 2015
  92. 74Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013
  93. 75Amendment of the Neighbourhood Planning (General) Regulations 2012
  94. 76Revocation and transitional provisions
  95. Signature
  96. Schedule 1: DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”
  97. Interpretation
  98. 1Descriptions of development
  99. 2Descriptions of development
  100. 3Descriptions of development
  101. 4Descriptions of development
  102. 5Descriptions of development
  103. 6Descriptions of development
  104. 7Descriptions of development
  105. 8Descriptions of development
  106. 9Descriptions of development
  107. 10Descriptions of development
  108. 11Descriptions of development
  109. 12Descriptions of development
  110. 13Descriptions of development
  111. 14Descriptions of development
  112. 15Descriptions of development
  113. 16Descriptions of development
  114. 17Descriptions of development
  115. 18Descriptions of development
  116. 19Descriptions of development
  117. 20Descriptions of development
  118. 21Descriptions of development
  119. 22Descriptions of development
  120. 23Descriptions of development
  121. 24Descriptions of development
  122. Schedule 2: DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”
  123. 1Paragraph 1
  124. Schedule 3: SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT
  125. 1Characteristics of development
  126. 2Location of development
  127. 3Types and characteristics of the potential impact
  128. Schedule 4: INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS
  129. 1Paragraph 1
  130. 2Paragraph 2
  131. 3Paragraph 3
  132. 4Paragraph 4
  133. 5Paragraph 5
  134. 6Paragraph 6
  135. 7Paragraph 7
  136. 8Paragraph 8
  137. 9Paragraph 9
  138. 10Paragraph 10
  139. Explanatory note