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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

Up to date with all changes known to legislation.gov.uk, revised to 4 November 2024.

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

  1. Part 1: General
  2. 1Title, commencement and application
  3. 2Interpretation
  4. 3Prohibition on granting planning permission or subsequent consent without consideration of environmental information
  5. Part 2: Screening
  6. 4General provisions relating to screening
  7. 5Requests for screening opinions
  8. 6Requests for screening directions of the Welsh Ministers
  9. Part 3: Procedures Concerning Applications for Planning Permission
  10. 7Applications which appear to require screening opinion
  11. 8Subsequent applications where environmental information previously provided
  12. 9Subsequent applications where environmental information not previously provided
  13. 10Application made to a local planning authority without an environmental statement
  14. 11Application referred to the Welsh Ministers without an environmental statement
  15. 12Appeal to the Welsh Ministers without an environmental statement
  16. Part 4: Preparation of Environmental Statements
  17. 13Scoping opinions
  18. 14Scoping directions
  19. 15Procedure to facilitate preparation of environmental statements
  20. Part 5: Publicity and Procedures on Submission of Environmental Statements
  21. 16Procedure where an environmental statement is submitted to a local planning authority
  22. 17Publicity where an environmental statement is submitted after the planning application
  23. 18Provision of copies of environmental statements and further information for the Welsh Ministers on referral or appeal
  24. 19Procedure where an environmental statement is submitted to the Welsh Ministers
  25. 20Availability of copies of environmental statements
  26. 21Charges for copies of environmental statements
  27. 22Further information and evidence in respect of environmental statements
  28. Part 6: Availability of Directions etc. and Notification of Decisions
  29. 23Availability of opinions, directions etc. for inspection
  30. 24Duties to inform the public and the Welsh Ministers of final decisions
  31. Part 7: Development By a Local Planning Authority
  32. 25Modifications where application by a local planning authority
  33. 26Screening opinions and directions
  34. Part 8: Applications for planning permission made to the Welsh Ministers
  35. 27Application of Parts 2 to 7
  36. 28Requests for screening directions of the Welsh Ministers
  37. 29Applications made without an environmental statement
  38. 30Scoping directions
  39. 31Procedure to facilitate preparation of environmental statements
  40. 32Procedure where an environmental statement is submitted to the Welsh Ministers
  41. 33Publicity where an environmental statement is submitted after the planning application
  42. 34Availability of copies of environmental statements
  43. 35Availability of directions etc. for inspection
  44. 36Duties to inform the public of final decisions
  45. Part 9: Restrictions of Grants of Permission
  46. 37New simplified planning zone schemes or enterprise zone orders
  47. 38Local development orders
  48. 39Section 97 orders and section 102 orders
  49. Part 10: Unauthorised Development
  50. 40Interpretation
  51. 41Prohibition on the grant of planning permission for unauthorised EIA development
  52. 42Screening opinions
  53. 43Screening directions
  54. 44Provision of information
  55. 45Appeal to the Welsh Ministers without a screening opinion or screening direction
  56. 46Appeal to the Welsh Ministers without an environmental statement
  57. 47Procedure where an environmental statement is submitted to the Welsh Ministers
  58. 48Further information and evidence respecting environmental statements
  59. 49Publicity for environmental statements or further information
  60. 50Public inspection of documents
  61. 51Significant transboundary effects
  62. Part 11: ROMP Applications
  63. 52General application of the Regulations to ROMP applications
  64. Part 12: Development with Significant Transboundary Effects
  65. 53Development in Wales likely to have significant effects in an EEA State
  66. 54Projects in an EEA State likely to have significant transboundary effects
  67. Part 13: Miscellaneous
  68. 55Application to the High Court
  69. 56Hazardous waste and material change of use
  70. 57Extension of the period for an authority's decision on a planning application
  71. 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
  72. 59Application to the Crown
  73. 60Revocation of statutory instruments and transitional provisions
  74. 61Consequential amendments
  75. Signature
  76. Schedule 1: Descriptions of development for the purposes of the definition of “Schedule 1 development”
  77. Interpretation
  78. Descriptions of development
  79. Schedule 2: Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”
  80. 1Paragraph 1
  81. 2Paragraph 2
  82. Schedule 3: Selection criteria for screening Schedule 2 development
  83. 1Characteristics of development
  84. 2Location of development
  85. 3Characteristics of the potential impact
  86. Schedule 4: Information for inclusion in environmental statements
  87. Part 1
  88. 1Paragraph 1
  89. 2Paragraph 2
  90. 3Paragraph 3
  91. 4Paragraph 4
  92. 5Paragraph 5
  93. 6Paragraph 6
  94. 7Paragraph 7
  95. Part 2
  96. 8Paragraph 8
  97. 9Paragraph 9
  98. 10Paragraph 10
  99. 11Paragraph 11
  100. 12Paragraph 12
  101. Schedule 5: Local Development Orders
  102. 1Paragraph 1
  103. 2Paragraph 2
  104. 3Paragraph 3
  105. 4Paragraph 4
  106. 5Paragraph 5
  107. 6Paragraph 6
  108. 7Paragraph 7
  109. 8Paragraph 8
  110. 9Paragraph 9
  111. 10Paragraph 10
  112. 11Paragraph 11
  113. 12Paragraph 12
  114. Schedule 6: Section 97 and 102 Orders under the 1990 Act
  115. 1Paragraph 1
  116. 2Paragraph 2
  117. 3Paragraph 3
  118. 4Paragraph 4
  119. 5Paragraph 5
  120. 6Paragraph 6
  121. 7Paragraph 7
  122. 8Paragraph 8
  123. 9Paragraph 9
  124. 10Paragraph 10
  125. 11Paragraph 11
  126. 12Paragraph 12
  127. 13Paragraph 13
  128. 14Paragraph 14
  129. 15Paragraph 15
  130. Schedule 7: ROMP Applications
  131. 1Modification of provisions on prohibition of granting planning permission or subsequent consent
  132. 2Modification of provisions on application to local planning authority without an environmental statement
  133. 3Disapplication of Regulations and modifications of provisions on application referred to or appealed to the Welsh Ministers without an environmental statement
  134. 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
  135. 5Modification of provisions on preparation, publicity and procedures on submission of environmental statements
  136. 6Modification of provisions on application to the High Court and giving of directions
  137. 7Suspension of minerals development
  138. 8Determination of conditions and right of appeal on non-determination
  139. 9ROMP application by a mineral planning authority
  140. 10ROMP applications: duty to make a prohibition order after two years suspension of permission
  141. Schedule 8Statutory instruments revoked
  142. Schedule 9: Consequential amendments
  143. 1The Town and Country Planning (General Permitted Development) Order 1995
  144. 2The Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999
  145. 3The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999
  146. 4The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006
  147. 5The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007
  148. 6The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) 2009
  149. 7The Town and Country Planning (Environmental Impact Assessment) Regulations 2011
  150. 8The Town and Country Planning (Development Management Procedure) (Wales) Order 2012
  151. Explanatory note