The Town and Country Planning (Environmental Impact Assessment) (Wales) (Amendment) Regulations 2016

JurisdictionWales
CitationSI 2016/971 (W240)
Year2016

2016 No. 971 (W. 240)

TOWN AND COUNTRY PLANNING, WALES

The Town and Country Planning (Environmental Impact Assessment) (Wales) (Amendment) Regulations 2016

Made 29September 2016

Laid before the National Assembly for Wales 7October 2016

Coming into force 7November 2016

The Welsh Ministers being designated for the purposes of section 2(2) of the European Communities Act 1972(1) 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(2) and in exercise of the powers conferred by that section and section 71A of the Town and Country Planning Act 1990(3) make the following Regulations.

Title, commencement and application

1.—(1) The title of these Regulations is the Town and Country Planning (Environmental Impact Assessment) (Wales) (Amendment) Regulations 2016.

(2) These Regulations come into force on 7 November 2016.

(3) These Regulations apply in relation to Wales.

Amendment to the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016

2. For regulation 57(2) of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016(4) substitute—

‘(2) Where it falls to an authority to determine an EIA application, articles 22 (time periods for decisions) and 23 (applications made under planning condition) of the 2012 Order(5) have effect as if—

(a) each of the references in articles 22(2)(a) and 23 to a period of 8 weeks is a reference to a period of 16 weeks; and

(b) the reference in article 22(2)(aa)(6) to the period of 12 weeks is a reference to the period of 20 weeks.’

Transitional provision

3. These Regulations do not apply to applications in relation to which amendments are received by the authority on or before the date these Regulations come into force.

Lesley Griffiths

Cabinet Secretary for Environment and Rural Affairs,

one of the Welsh Ministers

29 September 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

Under section 78 of the Town and Country Planning Act 1990 (‘the 1990 Act’), a person applying for planning permission, or for any consent, agreement or approval required by a condition or limitation attached to a planning permission, may appeal to the Welsh Ministers if the relevant local planning authority do not determine the application within the prescribed period.

The period is prescribed in article 22(2)...

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