Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

CitationSI 1999/293
JurisdictionUK Non-devolved

1999No. 293

TOWN AND COUNTRY PLANNING, ENGLAND AND WALES

The Town and Country Planning (Environmental Impact

Assessment) (England and Wales) Regulations 1999

10thFebruary1999

19thFebruary1999

14thMarch1999

ARRANGEMENT OF REGULATIONS

PART I

General

1.

Citation, commencement and application

2.

Interpretation

3.

Prohibition on granting planning permission without consideration of environmental information

PART II

Screening

4.

General provisions relating to screening

5.

Requests for screening opinions of the local planning authority

6.

Requests for screening directions of the Secretary of State

PART III

Procedures Concerning Applications for Planning Permission

7.

Application made to a local planning authority without an environmental statement

8.

Application referred to the Secretary of State without an environmental statement

9.

Appeal to the Secretary of State without an environmental statement

PART IV

Preparation of Environmental Statements

10.

Scoping opinions of the local planning authority

11.

Scoping directions of the Secretary of State

12.

Procedure to facilitate preparation of environmental statements

PART V

Publicity and Procedures on Submission of Environmental Statements

13.

Procedure where an environmental statement is submitted to a local planning authority

14.

Publicity where an environmental statement is submitted after the planning application

15.

Provision of copies of environmental statements and further information for the Secretary of State on referral or appeal

16.

Procedure where an environmental statement is submitted to the Secretary of State

17.

Availability of copies of environmental statements

18.

Charges for copies of environmental statements

19.

Further information and evidence respecting environmental statements

PART VI

Availability of Directions etc. and Notification of Decisions

20.

Availability of opinions, directions etc. for inspection

21.

Duties to inform the public and the Secretary of State of final decisions

PART VII

Special Cases

22.

Development by a local planning authority

23.

Restriction of grant of permission by old simplified planning zone schemes or enterprise zone orders

24.

Restriction of grant of permission by new simplified planning zone schemes or enterprise zone orders

25.

Unauthorised development

26.

Unauthorised development with significant transboundary effects

PART VIII

Development with Significant Transboundary Effects

27.

Development in England and Wales likely to have significant effects in another Member State

28.

Projects in another Member State likely to have significant transboundary effects

PART IX

Miscellaneous

29.

Service of notices etc.

30.

Application to the High Court

31.

Hazardous waste and material change of use

32.

Extension of the period for an authority's decision on a planning application

33.

Extension 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

34.

Revocation of Statutory Instruments and transitional provisions

35.

Miscellaneous and consequential amendments

SCHEDULES

Schedule 1

Descriptions of development for the purposes of the definition of "Schedule 1 development"

Schedule 2

Descriptions of development and applicable thresholds and criteria for the purposes of the definition of "Schedule 2 development"

Schedule 3

Selection criteria for screening Schedule 2 development

Schedule 4

Information for inclusion in environmental statements

Schedule 5

Statutory Instruments revoked

The Secretary of State for the Environment, Transport and the Regions, as respects England, and the Secretary of State for Wales, as respects Wales, being designated( a) Ministers for the purposes of section 2(2) of the European Communities Act 1972( b) in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in exercise of the powers conferred by that section and section 71A of the Town and Country Planning Act 1990( c) and of all other powers enabling them in that behalf, and having taken into account the selection criteria in Annex III to Council Directive 85/337/EEC( d) as amended by Council Directive 97/11/EC( e) hereby make the following Regulations: -

PART I

GENERAL

Citation, commencement and application

1. - (1) These Regulations may be cited as the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 and shall come into force on 14th March 1999.

(2) Subject to paragraph (3), these Regulations shall apply throughout England and Wales.

(3) Paragraphs (2) and (5)(a) of regulation 14 shall not apply to the Isles of Scilly and, in relation to the Isles of Scilly, the reference in paragraph (6) of that regulation to paragraph (5) of that regulation shall be construed as a reference to paragraph (5)(b).

Interpretation

2. - (1) In these Regulations -

"the Act" means the Town and Country Planning Act 1990( f) and references to sections are references to sections of that Act;

"the consultation bodies" means -

(a) any body which the relevant planning authority is required to consult, or would, if an application for planning permission for the development in question were before them, be required to consult by virtue of article 10 (consultations before the grant of permission) of the Order or of any direction under that article; and(b) the following bodies if not referred to in sub-paragraph (a) -(i) any principal council for the area where the land is situated, if not the relevant planning authority;(ii) where the land is situated in England, the Countryside Commission( g) and the Nature Conservancy Council for England( h);(iii) where the land is situated in Wales, the Countryside Council for Wales( i); and(iv) the Environment Agency( j);

"the Directive" means Council Directive 85/337/EEC( k);

"EIA application" means an application for planning permission for EIA development;

"EIA development" means development which is either -

(a) Schedule 1 development; or(b) Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

"environmental information" means the environmental statement, including any further information, any representations made by any body required by these Regulations to be invited to make representations, and any representations duly made by any other person about the environmental effects of the development;

"environmental statement" means a statement -

(a) that includes such of the information referred to in Part I of Schedule 4 as is reasonably required to assess the environmental effects of the development and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but(b) that includes at least the information referred to in Part II of Schedule 4;

"exempt development" means development which comprises or forms part of a project serving national defence purposes or in respect of which the Secretary of State has made a direction under regulation 4(4);

"further information" has the meaning given in regulation 19(1);

"General Regulations" means the Town and Country Planning General Regulations 1992( l);

"inspector" means a person appointed by the Secretary of State pursuant to Schedule 6 to the Act( m) to determine an appeal;

"the land" means the land on which the development would be carried out or, in relation to development already carried out, has been carried out;

"the Order" means the Town and Country Planning (General Development Procedure) Order 1995( n);

"principal council" has the meaning given by sub-section (1) of section 270 (general provisions as to interpretation) of the Local Government Act 1972( o);

"register" means a register kept pursuant to section 69 (registers of applications etc.) and "appropriate register" means the register on which particulars of an application for planning permission for the relevant development have been placed or would fall to be placed if such an application were made;

"relevant planning authority" means the body to whom it falls, fell, or would, but for a direction under section 77( p)(reference of applications to Secretary of State), fall to determine an application for planning permission for the development in question;

"Schedule 1 application" and "Schedule 2 application" mean an application for planning permission for Schedule 1 development and Schedule 2 development respectively;

"Schedule 1 development" means development, other than exempt development, of a description mentioned in Schedule 1;

"Schedule 2 development" means development, other than exempt development, of a description mentioned in Column 1 of the table in Schedule 2 where -

(a) any part of that development is to be carried out in a sensitive area; or(b) any applicable threshold or criterion in the corresponding part of Column 2 of that table is respectively exceeded or met in relation to that development;

"scoping direction" and "scoping opinion" have the meanings given in regulation 10;

"screening direction" means a direction made by the Secretary of State as to whether development is EIA development;

"screening opinion" means a written statement of the opinion of the relevant planning authority as to whether development is EIA development;

"sensitive area" means any of the following -

(a) land notified under sub-section (1) of section 28 (areas of special scientific interest) of the Wildlife and Countryside Act 1981( q);(b) land to which sub-section (3) of section 29 (nature conservation orders) of the Wildlife and Countryside Act 1981 applies;(c) an area to which paragraph (u)(ii) in the table in article 10 of the Order applies;(d) a National Park within the meaning of the National Parks and Access to the Countryside Act 1949( r);(e) the Broads( s);(f) a...

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