Part I Town and Country Planning: England and Wales

Control over development

I115 Assessment of environmental effects.

After section 71 of the principal Act there is inserted—

71A Assessment of environmental effects.

1

The Secretary of State may by regulations make provision about the consideration to be given, before planning permission for development of any class specified in the regulations is granted, to the likely environmental effects of the proposed development.

2

The regulations—

a

may make the same provision as, or provision similar or corresponding to, any provision made, for the purposes of any F1EU obligation of the United Kingdom about the assessment of the likely effects of development on the environment, under section 2(2) of the M1European Communities Act 1972; and

b

may make different provision for different classes of development.

3

Where a draft of regulations made in exercise both of the power conferred by this section and the power conferred by section 2(2) of the European Communities Act 1972 is approved by resolution of each House of Parliament, section 333(3) shall not apply.