OpenLegislation

The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017

W.S.I. 2017/567 · Made 20 April 2017 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 2 June 2026.

Town And Country Planning, Wales

Made 20 April 2017

Laid before the National Assembly for Wales 24 April 2017

Coming into force 16 May 2017

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, make the following Regulations.C1

Annotations to the whole text

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: 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 , infrastructure consent or subsequent consent without environmental impact assessment
  5. 4Environmental impact assessment
  6. Part 2: Screening
  7. 5General provisions relating to screening
  8. 6Requests for screening opinions
  9. 7Requests for screening directions of the Welsh Ministers
  10. Part 3: Procedures Concerning Applications for Planning Permission and Subsequent Applications
  11. 8Applications which appear to require screening opinion
  12. 9Subsequent applications where environmental information previously provided
  13. 10Subsequent applications where environmental information not previously provided
  14. 11Application made to a local planning authority without an environmental statement
  15. 12Application referred to the Welsh Ministers without an environmental statement
  16. 13Appeal to the Welsh Ministers without an environmental statement
  17. Part 4: Preparation of Environmental Statements
  18. 14Scoping opinions
  19. 15Scoping directions
  20. 16Procedure to facilitate preparation of environmental statements
  21. Part 5: Publicity and Procedures on Submission of Environmental Statements
  22. 17Environmental statements
  23. 18Procedure where an environmental statement is submitted to a local planning authority or specified person
  24. 19Publicity where an environmental statement is submitted after the planning application or subsequent application
  25. 20Provision of copies of environmental statements and further information for the Welsh Ministers on referral or appeal
  26. 21Procedure where an environmental statement is submitted to the Welsh Ministers
  27. 22Availability of copies of environmental statements
  28. 23Charges for copies of environmental statements
  29. 24Further information and evidence in respect of environmental statements
  30. 25Consideration of whether planning permission , infrastructure consent or subsequent consent should be granted
  31. Part 6
  32. 26Coordination of assessments
  33. Part 7: Availability of Directions etc. and Notification of Decisions
  34. 27Availability of opinions, directions etc. for inspection
  35. 28Information to accompany decisions
  36. 29Duties to inform the public and the Welsh Ministers of final decisions
  37. Part 8: Applications for planning permission or infrastructure consent made to the Welsh Ministers
  38. 30Application of Parts 2 to 7
  39. 31Requests for screening directions of the Welsh Ministers
  40. 32Applications made without an environmental statement
  41. 33Scoping directions
  42. 34Procedure to facilitate preparation of environmental statements
  43. 35Publicity where an environmental statement is submitted after the planning application or application for infrastructure consent
  44. 36Availability of copies of environmental statements
  45. 37Availability of directions etc. for inspection
  46. Part 9: Restrictions of Grants of Permission
  47. 38New simplified planning zone schemes or enterprise zone orders
  48. 39Local development orders
  49. 40Notices of unauthorised development, orders under section 90 of the 2024 Act, section 97 orders and section 102 orders
  50. 41Action under section 141 of the 1990 Act
  51. Part 10: Unauthorised Development
  52. 42Interpretation of this Part
  53. 43Duty to ensure objectives of the Directive are met
  54. 44Prohibition on the grant of planning permission for unauthorised EIA development
  55. 45Screening opinions
  56. 46Screening directions
  57. 47Provision of information
  58. 48Appeal to the Welsh Ministers without a screening opinion or screening direction
  59. 49Appeal to the Welsh Ministers without an environmental statement
  60. 50Procedure where an environmental statement is submitted to the Welsh Ministers
  61. 51Further information and evidence respecting environmental statements
  62. 52Publicity for environmental statements or further information
  63. 53Public inspection of documents
  64. 54Significant transboundary effects
  65. Part 11: ROMP Applications
  66. 55General application of the Regulations to ROMP applications
  67. Part 12: Development with Significant Transboundary Effects
  68. 56Development in Wales likely to have significant effects in an EEA State
  69. 57Projects in an EEA State likely to have significant transboundary effects
  70. Part 13: Miscellaneous
  71. 58Objectivity and bias
  72. 59Application to the High Court
  73. 60Hazardous waste and material change of use
  74. 61Extension of the period for an authority's decision on a planning application
  75. 62Extension 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
  76. 63Application to the Crown
  77. 64Amendment of other instruments
  78. 65Revocation, saving and transitional provisions
  79. 66Consequential amendments
  80. Signature
  81. Schedule 1: Descriptions of development for the purposes of the definition of “Schedule 1 development”
  82. Interpretation
  83. Descriptions of development
  84. 1Paragraph 1
  85. 2Paragraph 2
  86. 3Paragraph 3
  87. 4Paragraph 4
  88. 5Paragraph 5
  89. 6Paragraph 6
  90. 7Paragraph 7
  91. 8Paragraph 8
  92. 9Paragraph 9
  93. 10Paragraph 10
  94. 11Paragraph 11
  95. 12Paragraph 12
  96. 13Paragraph 13
  97. 14Paragraph 14
  98. 15Paragraph 15
  99. 16Paragraph 16
  100. 17Paragraph 17
  101. 18Paragraph 18
  102. 19Paragraph 19
  103. 20Paragraph 20
  104. 21Paragraph 21
  105. 22Paragraph 22
  106. 23Paragraph 23
  107. Schedule 2: Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”
  108. 1Paragraph 1
  109. 2Paragraph 2
  110. Schedule 3: Selection criteria for screening Schedule 2 development
  111. 1Characteristics of development
  112. 2Location of development
  113. 3Types and characteristics of the potential impact
  114. Schedule 4: Information for inclusion in environmental statements
  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. Schedule 5: Local Development Orders
  126. 1Paragraph 1
  127. 2Paragraph 2
  128. 3Paragraph 3
  129. 4Paragraph 4
  130. 5Paragraph 5
  131. 6Paragraph 6
  132. 7Paragraph 7
  133. 8Paragraph 8
  134. 9Paragraph 9
  135. 10Paragraph 10
  136. 11Paragraph 11
  137. 12Paragraph 12
  138. 13Paragraph 13
  139. 14Paragraph 14
  140. 15Paragraph 15
  141. 16Paragraph 16
  142. 17Paragraph 17
  143. Schedule 6: Notices of unauthorised development, orders made under section 90 of the 2024 Act, and section 97 and 102 Orders under the 1990 Act
  144. 1Paragraph 1
  145. 2Paragraph 2
  146. 3Paragraph 3
  147. 4Paragraph 4
  148. 5Paragraph 5
  149. 6Paragraph 6
  150. 7Paragraph 7
  151. 8Paragraph 8
  152. 9Paragraph 9
  153. 10Paragraph 10
  154. 11Paragraph 11
  155. 12Paragraph 12
  156. 13Paragraph 13
  157. 14Paragraph 14
  158. 15Paragraph 15
  159. 16Paragraph 16
  160. 17Paragraph 17
  161. 18Paragraph 18
  162. 19Paragraph 19
  163. 20Paragraph 20
  164. Schedule 7: Functions under Section 141 of the 1990 Act
  165. 1Paragraph 1
  166. 2Paragraph 2
  167. 3Paragraph 3
  168. 4Paragraph 4
  169. 5Paragraph 5
  170. 6Paragraph 6
  171. 7Paragraph 7
  172. 8Paragraph 8
  173. Schedule 8: ROMP Applications
  174. 1Modification of provisions on prohibition of granting planning permission or subsequent consent
  175. 2Modification of provisions on application to local planning authority without an environmental statement
  176. 3Disapplication of regulations and modifications of provisions on application referred to or appealed to the Welsh Ministers without an environmental statement
  177. 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
  178. 5Modification of provisions on preparation, publicity and procedures on submission of environmental statements
  179. 6Modification of provisions on application to the High Court and giving of directions
  180. 7Suspension of minerals development
  181. 8Determination of conditions and right of appeal on non-determination
  182. 9ROMP application by a mineral planning authority
  183. 10ROMP applications: duty to make a prohibition order after two years suspension of permission
  184. Schedule 9: Amendments to other instruments
  185. 1The Town and Country Planning (Development Management Procedure) (Wales) Order 2012
  186. 2Developments of National Significance (Procedure) (Wales) Order 2016 Repealed
  187. Schedule 10: Consequential amendments
  188. 1The Town and Country Planning (General Permitted Development) Order 1995
  189. 2The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999
  190. 3The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006
  191. Explanatory note