The Town and Country Planning (Assessment of Environmental Effects) (Amendment) Regulations 1992

SCHEDULE AMENDMENTS TO THE 1988 REGULATIONS

1.  For regulation 1(3) substitute—

“(3) Subject to paragraph (4), these Regulations apply throughout England and Wales.

(4) Paragraphs (2) and (5)(a) of regulation 13 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).

(5) These regulations apply to local authority applications mentioned in paragraph (1) of regulation 25A in accordance with the modifications set out in that paragraph.”.

2.  In regulation 2(1) omit—

(1) “or in a case falling within regulation 17 by the authority” in the definition of “environmental information”;

(2) the definition of “the General Regulations”.

3.  In regulation 4(1) omit from “and any such application” to “on or after that date”.

4.  In regulation 8(3) omit from “or (b) an authority” to the end.

5.  Omit regulation 12.

6.  Omit regulation 15(6).

7.  For regulation 16(2) substitute—

“(2) Where it falls to an authority determining an application for planning permission to take environmental information into consideration, article 23 of the Town and Country Planning General Development Order 1988(1) shall have effect as if—

(a) for the reference in paragraph (2)(a) of that article to a period of 8 weeks there was substituted a reference to a period of 16 weeks;

(b) after paragraph (3)(b) of that article there was inserted—

“(ba) the environmental statement required to be submitted in respect of the application has been submitted, together with the documents required to accompany that statement; and””.

8.  Omit regulation 17.

9.  In regulation 18, for “regulation 12 or 13” substitute “article 12B of the Town and Country Planning General Development Order 1988(2) or regulation 13”.

10.  In regulation 20, omit “17(9)(iii) or” and for “15 or 17(9)(ii)” substitute “or 15”.

11.  For regulation 23 substitute—

“23.   Where, after environmental information has been taken into consideration, a local planning authority determine an application for planning permission, they shall inform the Secretary of State of the decision taken and provide details of any conditions subject to which any planning permission was granted.”

12.  Omit regulation 26.

(1)

S.I. 1988/1813; article 23 is amended by S.I. 1992/1493.

(2)

S.I. 1988/1813; article 12B was inserted by S.I. 1992/1493.