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The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

S.I. 2017/572 · Made 18 April 2017 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 24 July 2026.

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

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

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

  1. 1Citation and commencement
  2. 2Review
  3. 3Interpretation
  4. 4Prohibition on granting consent without consideration of environmental information
  5. 5Environmental impact assessment process
  6. 6When development is EIA development: general cases
  7. 7When development is EIA development: screening directions by the Secretary of State
  8. 8Procedure for establishing whether environmental impact assessment is required
  9. 9Considerations for screening decisions
  10. 10Application for a scoping opinion
  11. 11Procedure to facilitate preparation of environmental statements
  12. 12Consultation statement requirements Repealed
  13. 13Pre-application publicity under section 48 (duty to publicise)
  14. 14Environmental statements
  15. 15Obligations of Secretary of State on receipt of application
  16. 16Accepted application—publicity and consultation for EIA development
  17. 17Certifying compliance with regulation 16
  18. 18Effect of failure to comply with regulation 16
  19. 19Accepted application—effect of screening opinion not taking account of all relevant information
  20. 20Accepted application—effect of environmental statement being inadequate
  21. 21Consideration of whether development consent should be granted
  22. 22Subsequent application for EIA development
  23. 23Subsequent application where environmental information previously provided
  24. 24Subsequent application not complying with EIA requirements
  25. 25Decision-making on subsequent applications
  26. 26Co-ordination
  27. 27Availability of copies of environmental statements
  28. 27ACoronavirus: temporary modifications Repealed
  29. 28Charges for copies of environmental statements
  30. 29Availability of directions etc and notification of decisions
  31. 30Decision notices
  32. 31Duties to inform consultees, public and the Secretary of State of final decisions
  33. 32Development with significant transboundary effects
  34. 33Exemptions
  35. 34Service of notices etc
  36. 35Objectivity and bias
  37. 36Amendment of the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
  38. 37Revocation and transitional provision
  39. Signature
  40. Schedule 1: DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”
  41. Interpretation
  42. Descriptions of development
  43. 1Paragraph 1
  44. 2Paragraph 2
  45. 3Paragraph 3
  46. 4Paragraph 4
  47. 5Paragraph 5
  48. 6Paragraph 6
  49. 7Paragraph 7
  50. 8Paragraph 8
  51. 9Paragraph 9
  52. 10Paragraph 10
  53. 11Paragraph 11
  54. 12Paragraph 12
  55. 13Paragraph 13
  56. 14Paragraph 14
  57. 15Paragraph 15
  58. 16Paragraph 16
  59. 17Paragraph 17
  60. 18Paragraph 18
  61. 19Paragraph 19
  62. 20Paragraph 20
  63. 21Paragraph 21
  64. 22Paragraph 22
  65. 23Paragraph 23
  66. 24Paragraph 24
  67. Schedule 2: DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”
  68. 1Paragraph 1
  69. 2Paragraph 2
  70. 3Paragraph 3
  71. 4Paragraph 4
  72. 5Paragraph 5
  73. 6Paragraph 6
  74. 7Paragraph 7
  75. 8Paragraph 8
  76. 9Paragraph 9
  77. 10Paragraph 10
  78. 11Paragraph 11
  79. 12Paragraph 12
  80. 13Paragraph 13
  81. Schedule 3: SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT
  82. 1Characteristics of development
  83. 2Location of development
  84. 3Types and characteristics of the potential impact
  85. Schedule 4: INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS
  86. 1Paragraph 1
  87. 2Paragraph 2
  88. 3Paragraph 3
  89. 4Paragraph 4
  90. 5Paragraph 5
  91. 6Paragraph 6
  92. 7Paragraph 7
  93. 8Paragraph 8
  94. 9Paragraph 9
  95. 10Paragraph 10
  96. Schedule 5Schedule 5
  97. Explanatory note