Regulation 9 Subsequent applications where environmental information previously provided

England and Wales

(1)

This regulation applies where it appears to the relevant planning authority F1, the Welsh Ministers or specified person that—

(a)

an application which is before them for determination—

(i)

is a subsequent application in relation to Schedule 1 or Schedule 2 development;

(ii)

has not itself been the subject of a screening opinion or screening direction; and

(iii)

is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations; and

(b)

the original application was accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations.

(2)

Where it appears to the relevant planning authority , the Welsh Ministers or specified person that the environmental information already before them is adequate to assess the significant effects of the development on the environment, they must take that information into consideration in their decision for subsequent consent.

(3)

Where it appears to the relevant planning authority , the Welsh Ministers or specified person that the environmental information already before them is not adequate to assess the significant effects of the development on the environment, they must serve a notice seeking further information in accordance with regulation 24(1).

Annotations

Textual amendments

F1: Words in reg. 9 inserted (15.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 12(11) (with reg. 12(44))

Notes on Part 3

Textual amendments

F1: Words in Pt. 3 heading inserted (15.12.2025) by The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025 (S.I. 2025/1192), regs. 1(2)(b), 12(10) (with reg. 12(44))