The Town and Country Planning (Environmental Impact Assessment) (Amendment) (Wales) Regulations 2008

Amendments to Part 1 (general)

3.—(1) In regulation 1(2) for “paragraph (3)” substitute “paragraphs (3) and (4)”.

(2) In regulation 2(1) (interpretation)—

(a) insert at the appropriate place—

““subsequent application” means an application for approval of a matter where the approval—

(a)

is required by or under a condition to which a planning permission is subject; and

(b)

must be obtained before all or part of the development permitted by the planning permission may be begun;

“subsequent consent” means consent granted pursuant to a subsequent application.”;

(b) for the definition of “EIA application” substitute—

““EIA application” means—

(a)

an application for planning permission for EIA development; or

(b)

a subsequent application in respect of EIA development;”; and

(c) for the definition of “Schedule 1 application and Schedule 2 application” substitute—

““Schedule 1 application” means—

(a)

an application for planning permission for Schedule 1 development; or

(b)

a subsequent application in respect of Schedule 1 development; and

“Schedule 2 application” means—

(a)

an application for planning permission for Schedule 2 development; or

(b)

a subsequent application in respect of Schedule 2 development;”.

(3) In regulation 2(6)—

(a) for “its” substitute “their”;

(b) after “these Regulations” insert “except regulation 37”; and

(c) for “the National Assembly for Wales” substitute “the Welsh Ministers”.

(4) For regulation 3 (prohibition on granting planning permission without consideration of environmental information) substitute—

“Prohibition on granting planning permission or subsequent consent without consideration of environmental information

3.— (1) This regulation applies—

(a) to every application for planning permission for EIA development received by the authority with whom it is lodged on or after the commencement of these Regulations;

(b) to every application for planning permission for EIA development lodged by an authority pursuant to regulation 3 or 4 (applications for planning permission) of the General Regulations on or after that date;

(c) to every subsequent application in respect of EIA development received by the authority with whom it is lodged on or after the commencement of these Regulations but which was not determined by 6 October 2008; and

(d) to every subsequent application in respect of EIA development lodged by an authority pursuant to regulation 11 of the General Regulations on or after the commencement of these Regulations but which was not determined by 6 October 2008;

and for the purposes of this paragraph, the date of receipt of an application by an authority shall be determined in accordance with paragraph (3) of article 20 (time periods for decision) of the Order.

(2) The relevant planning authority or the Secretary of State or an inspector shall not grant planning permission or subsequent consent pursuant to an application to which this regulation applies unless they have first taken the environmental information into consideration, and they shall state in their decision that they have done so.”.