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

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  1. Introductory Text

  2. PART 1

    1. 1.Citation, commencement and application

    2. 2.Interpretation

    3. 3.Prohibition on granting planning permission or subsequent consent for EIA development

    4. 4.Environmental impact assessment process

  3. PART 2

    1. 5.General provisions relating to screening

    2. 6.Requests for screening opinions of the relevant planning authority

    3. 7.Requests for screening directions of the Secretary of State

  4. PART 3

    1. 8.Applications which appear to require screening opinion

    2. 9.Subsequent applications where environmental information previously provided

    3. 10.Subsequent applications where environmental information not previously provided

    4. 11.EIA applications made to a relevant planning authority without an environmental statement

    5. 12.EIA applications made directly to the Secretary of State without an environmental statement

    6. 13.Application referred to the Secretary of State without an environmental statement

    7. 14.Appeal to the Secretary of State without an environmental statement

  5. PART 4

    1. 15.Scoping opinions of the local planning authority

    2. 16.Scoping directions of the Secretary of State

    3. 17.Procedure to facilitate preparation of environmental statements

  6. PART 5

    1. 18.Environmental statements

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

    3. 20.Publicity where an environmental statement is submitted after the planning application

    4. 21.Provision of copies of environmental statements, any other information and further information for the Secretary of State on referral or appeal

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

    6. 23.Availability of copies of environmental statements

    7. 24.Charges for copies of environmental statements

    8. 25.Further information and evidence respecting environmental statements

    9. 26.Consideration of whether planning permission or subsequent consent should be granted

    10. 27.Co-ordination

  7. PART 6 etc

    1. 28.Availability of opinions, directions etc for inspection

    2. 29.Information to accompany decisions

    3. 30.Duty to inform the public and the Secretary of State of final decisions

  8. PART 7

    1. 31.New simplified planning zone schemes or enterprise zone orders

    2. 32.Local development orders

    3. 33.Neighbourhood development orders

  9. PART 8

    1. 34.Interpretation

    2. 35.Duty to ensure objectives of the Directive are met

    3. 36.Prohibition on the grant of planning permission for unauthorised EIA development

    4. 37.Screening opinions of the local planning authority

    5. 38.Screening directions of the Secretary of State

    6. 39.Provision of information

    7. 40.Appeal to the Secretary of State without a screening opinion or screening direction

    8. 41.Appeal to the Secretary of State without an environmental statement

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

    10. 43.Further information and evidence respecting environmental statements

    11. 44.Publicity for environmental statements or further information

    12. 45.Public inspection of documents

    13. 46.Significant transboundary effects

  10. PART 9

    1. 47.General application of the Regulations to ROMP applications

    2. 48.Modification of provisions on prohibition of granting planning permission or subsequent consent

    3. 49.Modification of provisions on application to local planning authority without an environmental statement

    4. 50.Disapplication of regulations and modifications of provisions on application referred to or appealed to the Secretary of State without an environmental statement

    5. 51.Substitution of references to section 78 right of appeal and modification of provisions on appeal to the Secretary of State without an environmental statement

    6. 52.Modification of provisions on preparation, publicity and procedures on submission of environmental statements

    7. 53.Modification of provisions on application to the High Court and giving of directions

    8. 54.Suspension of minerals development

    9. 55.Determination of conditions and right of appeal on non-determination

    10. 56.ROMP application by a mineral planning authority

    11. 57.ROMP applications: duty to make a prohibition order after two years suspension of permission

  11. PART 10

    1. 58.Development in England likely to have significant effects in another EEA State

    2. 59.Projects in another EEA State likely to have significant transboundary effects

  12. PART 11

    1. 60.Projects serving national defence purposes in Scotland

    2. 61.Projects serving national defence purposes in Wales

    3. 62.Projects serving national defence purposes in Northern Ireland

    4. 63.Exemptions

  13. PART 12

    1. 64.Objectivity and bias

    2. 65.Service of notices etc

    3. 66.Application to the High Court

    4. 67.Hazardous waste and material change of use

    5. 68.Extension of the period for an authority’s decision on a planning application

    6. 69.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

    7. 70.Application to the Crown

    8. 71.Review

    9. 72.Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015

    10. 73.Amendment of the Town and Country Planning (General Permitted Development) (England) Order 2015

    11. 74.Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

    12. 75.Amendment of the Neighbourhood Planning (General) Regulations 2012

    13. 76.Revocation and transitional provisions

  14. Signature

    1. SCHEDULE 1

      DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”

      1. Interpretation

      2. Descriptions of development

    2. SCHEDULE 2

      DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”

      1. 1.In the table below— “area of the works” includes any...

    3. SCHEDULE 3

      SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT

      1. 1.Characteristics of development

      2. 2.Location of development

      3. 3.Types and characteristics of the potential impact

    4. SCHEDULE 4

      INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS

      1. 1.A description of the development, including in particular:

      2. 2.A description of the reasonable alternatives (for example in terms...

      3. 3.A description of the relevant aspects of the current state...

      4. 4.A description of the factors specified in regulation 4(2) likely...

      5. 5.A description of the likely significant effects of the development...

      6. 6.A description of the forecasting methods or evidence, used to...

      7. 7.A description of the measures envisaged to avoid, prevent, reduce...

      8. 8.A description of the expected significant adverse effects of the...

      9. 9.A non-technical summary of the information provided under paragraphs 1...

      10. 10.A reference list detailing the sources used for the descriptions...

  15. Explanatory Note

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