The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017
S.I. 2017/572 · Made 18 April 2017 · Extends to United Kingdom
Infrastructure Planning
Made 18th April 2017
Laid before Parliament 19th April 2017
Coming into force 16th May 2017
The Secretary of State, having 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, in exercise of the powers conferred by section 2(2) of that Act and having taken into account the selection criteria in Annex III to Council Directive 2011/92/EU M3, makes the following Regulations:C1
Annotations to the whole text
Marginal citations
- M1
- 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
OJ No. L 26, 28.1.2012, p.1.
Modifications
- C1
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)
Contents
- 1Citation and commencement
- 2Review
- 3Interpretation
- 4Prohibition on granting consent without consideration of environmental information
- 5Environmental impact assessment process
- 6When development is EIA development: general cases
- 7When development is EIA development: screening directions by the Secretary of State
- 8Procedure for establishing whether environmental impact assessment is required
- 9Considerations for screening decisions
- 10Application for a scoping opinion
- 11Procedure to facilitate preparation of environmental statements
- 12Consultation statement requirements Repealed
- 13Pre-application publicity under section 48 (duty to publicise)
- 14Environmental statements
- 15Obligations of Secretary of State on receipt of application
- 16Accepted application—publicity and consultation for EIA development
- 17Certifying compliance with regulation 16
- 18Effect of failure to comply with regulation 16
- 19Accepted application—effect of screening opinion not taking account of all relevant information
- 20Accepted application—effect of environmental statement being inadequate
- 21Consideration of whether development consent should be granted
- 22Subsequent application for EIA development
- 23Subsequent application where environmental information previously provided
- 24Subsequent application not complying with EIA requirements
- 25Decision-making on subsequent applications
- 26Co-ordination
- 27Availability of copies of environmental statements
- 27ACoronavirus: temporary modifications Repealed
- 28Charges for copies of environmental statements
- 29Availability of directions etc and notification of decisions
- 30Decision notices
- 31Duties to inform consultees, public and the Secretary of State of final decisions
- 32Development with significant transboundary effects
- 33Exemptions
- 34Service of notices etc
- 35Objectivity and bias
- 36Amendment of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
- 37Revocation and transitional provision
- Signature
- Schedule 1: DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”
- Interpretation
- Descriptions of development
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Schedule 2: DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 3: SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT
- 1Characteristics of development
- 2Location of development
- 3Types and characteristics of the potential impact
- Schedule 4: INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 5Schedule 5
- Explanatory note