The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (revoked)
W.S.I. 2016/58 · Made 27 January 2016 · Extends to England and Wales
Town And Country Planning, Wales
Made 27 January 2016
Laid before the National Assembly for Wales 1 February 2016
Coming into force 1 March 2016 except for regulation 38, Schedule 5 and Schedule 9, paragraph 8(3) which come into force in accordance with regulation 1
The Welsh Ministers being designated for the purposes of section 2(2) of the European Communities Act 1972 M1 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 M2, in exercise of the powers conferred by that section, section 71A of the Town and Country Planning Act 1990 M3, and having taken into account the selection criteria in Annex III to Directive 2011/92/EU M4 of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment M5, as adopted on 13 December 2011, make the following Regulations.C1C2
Annotations to the whole text
Textual amendments
- F1
Regulations revoked (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), regs. 1(2), 65(1) (subject to savings and transitional provisions in regs. 63, 65(2)-(10)) (as amended (1.4.2019) by The Town and Country Planning (Environmental Impact Assessment) (Wales) (Amendment) Regulations 2019 (S.I. 2019/299), reg. 2(2))
Marginal citations
- M1
1972 c. 68. Section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
- M2
S.I. 2007/1679. See article 4.
- M3
1990 c. 8. Section 71A was inserted by section 15 of the 1991 Act. The functions of the Secretary of State under that Act were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672): see the entry in Schedule 1 for the 1991 Act. Those functions were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), the functions being relevant Assembly functions as defined in paragraph 30(2).
- M4
Directive 2011/92/EU has been amended by Directive 2014//52/EU. See articles 2(1) and 3(1) of Directive 2014/52/EU.
- M5
O.J. No. L 26, 28.1.2012, p. 1. The Directive has been amended by Directive 2014/52/EU of the European Parliament and of the Council O.J. No. L 124, 25.4.2014, p. 1. See in particular Article 3(1).
Modifications
- C1
Regulations applied (with modifications) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), Sch. 2 para. 1 (with regs. 1(3), 42)
- C2
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. 3 (with s. 247)
Contents
- Part 1: General
- 1Title, commencement and application
- 2Interpretation
- 3Prohibition on granting planning permission or subsequent consent without consideration of environmental information
- Part 2: Screening
- 4General provisions relating to screening
- 5Requests for screening opinions
- 6Requests for screening directions of the Welsh Ministers
- Part 3: Procedures Concerning Applications for Planning Permission
- 7Applications which appear to require screening opinion
- 8Subsequent applications where environmental information previously provided
- 9Subsequent applications where environmental information not previously provided
- 10Application made to a local planning authority without an environmental statement
- 11Application referred to the Welsh Ministers without an environmental statement
- 12Appeal to the Welsh Ministers without an environmental statement
- Part 4: Preparation of Environmental Statements
- 13Scoping opinions
- 14Scoping directions
- 15Procedure to facilitate preparation of environmental statements
- Part 5: Publicity and Procedures on Submission of Environmental Statements
- 16Procedure where an environmental statement is submitted to a local planning authority
- 17Publicity where an environmental statement is submitted after the planning application
- 18Provision of copies of environmental statements and further information for the Welsh Ministers on referral or appeal
- 19Procedure where an environmental statement is submitted to the Welsh Ministers
- 20Availability of copies of environmental statements
- 21Charges for copies of environmental statements
- 22Further information and evidence in respect of environmental statements
- Part 6: Availability of Directions etc. and Notification of Decisions
- 23Availability of opinions, directions etc. for inspection
- 24Duties to inform the public and the Welsh Ministers of final decisions
- Part 7: Development By a Local Planning Authority
- 25Modifications where application by a local planning authority
- 26Screening opinions and directions
- Part 8: Applications for planning permission made to the Welsh Ministers
- 27Application of Parts 2 to 7
- 28Requests for screening directions of the Welsh Ministers
- 29Applications made without an environmental statement
- 30Scoping directions
- 31Procedure to facilitate preparation of environmental statements
- 32Procedure where an environmental statement is submitted to the Welsh Ministers
- 33Publicity where an environmental statement is submitted after the planning application
- 34Availability of copies of environmental statements
- 35Availability of directions etc. for inspection
- 36Duties to inform the public of final decisions
- Part 9: Restrictions of Grants of Permission
- 37New simplified planning zone schemes or enterprise zone orders
- 38Local development orders
- 39Section 97 orders and section 102 orders
- Part 10: Unauthorised Development
- 40Interpretation
- 41Prohibition on the grant of planning permission for unauthorised EIA development
- 42Screening opinions
- 43Screening directions
- 44Provision of information
- 45Appeal to the Welsh Ministers without a screening opinion or screening direction
- 46Appeal to the Welsh Ministers without an environmental statement
- 47Procedure where an environmental statement is submitted to the Welsh Ministers
- 48Further information and evidence respecting environmental statements
- 49Publicity for environmental statements or further information
- 50Public inspection of documents
- 51Significant transboundary effects
- Part 11: ROMP Applications
- 52General application of the Regulations to ROMP applications
- Part 12: Development with Significant Transboundary Effects
- 53Development in Wales likely to have significant effects in an EEA State
- 54Projects in an EEA State likely to have significant transboundary effects
- Part 13: Miscellaneous
- 55Application to the High Court
- 56Hazardous waste and material change of use
- 57Extension of the period for an authority's decision on a planning application
- 58Extension 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
- 59Application to the Crown
- 60Revocation of statutory instruments and transitional provisions
- 61Consequential amendments
- Signature
- Schedule 1: Descriptions of development for the purposes of the definition of “Schedule 1 development”
- Interpretation
- Descriptions of development
- Schedule 2: Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”
- 1Paragraph 1
- 2Paragraph 2
- Schedule 3: Selection criteria for screening Schedule 2 development
- 1Characteristics of development
- 2Location of development
- 3Characteristics of the potential impact
- Schedule 4: Information for inclusion in environmental statements
- Part 1
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- Part 2
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 5: Local Development Orders
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Schedule 6: Section 97 and 102 Orders under the 1990 Act
- 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
- Schedule 7: ROMP Applications
- 1Modification of provisions on prohibition of granting planning permission or subsequent consent
- 2Modification of provisions on application to local planning authority without an environmental statement
- 3Disapplication of Regulations and modifications of provisions on application referred to or appealed to the Welsh Ministers without an environmental statement
- 4Substitution of references to section 78 of the 1990 Act right of appeal and modification of provisions on appeal to the Welsh Ministers without an environmental statement
- 5Modification of provisions on preparation, publicity and procedures on submission of environmental statements
- 6Modification of provisions on application to the High Court and giving of directions
- 7Suspension of minerals development
- 8Determination of conditions and right of appeal on non-determination
- 9ROMP application by a mineral planning authority
- 10ROMP applications: duty to make a prohibition order after two years suspension of permission
- Schedule 8Statutory instruments revoked
- Schedule 9: Consequential amendments
- 1The Town and Country Planning (General Permitted Development) Order 1995
- 2The Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999
- 3The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999
- 4The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006
- 5The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007
- 6The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) 2009
- 7The Town and Country Planning (Environmental Impact Assessment) Regulations 2011
- 8The Town and Country Planning (Development Management Procedure) (Wales) Order 2012
- Explanatory note