# The Town and Country Planning (Environmental Impact Assessment) (Wales) (Amendment) Regulations 2016 W.S.I. 2016/971 · made 29 September 2016 Under section 78 of the Town and Country Planning Act 1990 (“the 1990 Act”), a person applying for planning permission, or for any consent, agreement or approval required by a condition or limitation attached to a planning permission, may appeal to the Welsh Ministers if the relevant local planning authority do not determine the application within the prescribed period. Made under: European Communities Act 1972 (repealed); Town and Country Planning Act 1990 (Section 71A) PDFs: Printed copy https://openlegislation.uk/town-and-country-planning-environmental-impact-assessment-wales-amendment-regulations-2016/pdf/wsi_20160971_mi.pdf ## Introductory text Town And Country Planning, Wales Made 29 September 2016 Laid before the National Assembly for Wales 7 October 2016 Coming into force 7 November 2016 The Welsh Ministers being designated 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, insofar as it concerns town and country planning and in exercise of the powers conferred by that section and section 71A of the Town and Country Planning Act 1990 make the following Regulations. ## 1 Title, commencement and application (1) The title of these Regulations is the Town and Country Planning (Environmental Impact Assessment) (Wales) (Amendment) Regulations 2016. (2) These Regulations come into force on 7 November 2016. (3) These Regulations apply in relation to Wales. ## 2 Amendment to the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 For regulation 57(2) of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 substitute— “(2) Where it falls to an authority to determine an EIA application, articles 22 (time periods for decisions) and 23 (applications made under planning condition) of the 2012 Order have effect as if— (a) each of the references in articles 22(2)(a) and 23 to a period of 8 weeks is a reference to a period of 16 weeks; and (b) the reference in article 22(2)(aa) to the period of 12 weeks is a reference to the period of 20 weeks.” ## 3 Transitional provision These Regulations do not apply to applications in relation to which amendments are received by the authority on or before the date these Regulations come into force. ## Signature Lesley Griffiths Cabinet Secretary for Environment and Rural Affairs, one of the Welsh Ministers 29 September 2016 ## Explanatory note (This note is not part of the Regulations) Under section 78 of the Town and Country Planning Act 1990 (“the 1990 Act”), a person applying for planning permission, or for any consent, agreement or approval required by a condition or limitation attached to a planning permission, may appeal to the Welsh Ministers if the relevant local planning authority do not determine the application within the prescribed period. The period is prescribed in article 22(2) of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012. The period is eight weeks unless an application is amended before the authority make a determination. If an application is amended before the authority make a determination, the period is either four weeks from the date the amendment is received by the authority or twelve weeks from the date the original application was received, whichever is the longer. Regulation 57(2) of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (“the 2016 Regulations”) increases the period of eight weeks in article 22(2)(a) to sixteen weeks where an application relates to development which requires an environmental impact assessment (“EIA”). Regulation 2 of these Regulations substitutes regulation 57(2) of the 2016 Regulations. The period prescribed in article 22(2) after which an applicant can appeal if an application which requires an EIA is amended but not determined, becomes four weeks from the date the amendment is received by the authority or twenty weeks from the date the original application which requires an EIA was received, whichever is the longer. Regulation 3 contains a transitional provision. No impact, or minimal impact, on the public, private, or voluntary sectors is foreseen. As a result, it was not considered necessary to carry out a regulatory impact assessment. --- Source: https://www.legislation.gov.uk/wsi/2016/971 (the official version) Page: https://openlegislation.uk/town-and-country-planning-environmental-impact-assessment-wales-amendment-regulations-2016 Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.