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

Amendments to Part 7 (special cases)

9.—(1) In regulation 22 (development by a local planning authority)—

(a) in paragraph (1)(b) for “(2) to (7)” substitute “(2) to (10)”;

(b) for paragraph (1)(e)(i) substitute—

“(i) for paragraph (1), there were substituted—

“(1) When a relevant planning authority making an EIA application lodge a statement which they refer to as an environmental statement for the purposes of these Regulations, they shall—

(a) serve a copy of—

(i) that statement;

(ii) the relevant application and any plan submitted with it; and

(iii) in the case of a subsequent application, the planning permission granted for the development in respect of which the subsequent application has been made and any documents or information relating to the application,

on each consultation body;

(b) inform each consultation body that representations may be made to the relevant planning authority; and

(c) send to the Secretary of State within 14 days of lodging the statement—

(i) two copies of the statement;

(ii) a copy of the relevant application and of any documents submitted with the application; and

(iii) in the case of a subsequent application, the planning permission granted for the development in respect of which the subsequent application has been made and any documents or information relating to the application.”;”; and

(c) in paragraph (2) after “planning application” insert “or a subsequent application”.

(2) In regulation 25 (unauthorised development)—

(a) in paragraph (1)—

(i) after “Secretary of State” insert “or an inspector”; and

(ii) after “shall not grant planning permission” insert “or subsequent consent”.

(b) in paragraph (9)—

(i) omit from “and, in either case” to “that development”; and

(ii) omit “such”.

(c) after paragraph (9) insert—

“(9A) Where an inspector is dealing with an appeal under section 174 and a question arises as to whether the matters which are alleged to constitute the breach of planning control comprise or include Schedule 1 development or Schedule 2 development, the inspector shall refer that question to the Secretary of State;

(9B) Before he receives a screening direction the inspector shall not determine the application which is deemed to have been made by virtue of the appeal under section 174 (“the deemed application”) except to refuse that application;

(9C) Where a question is referred to the Secretary of State under paragraph (9A) he shall make a screening direction within three weeks beginning with the date on which the question was referred to him or such longer period as he may reasonably require;

(9D) The Secretary of State shall send a copy of any screening direction made pursuant to paragraph (9C) forthwith to the inspector.”;

(d) in paragraph (11)(a) omit “(“the deemed application”)”;

(e) in paragraph (12) after “Where the Secretary of State” insert “or an inspector”;

(f) in paragraph (14)(a)—

(i) after “where the Secretary of State” insert “or an inspector”;

(ii) after “such period as the Secretary of State” insert “or the inspector”; and

(iii) after “such longer period as the Secretary of State” insert “or the inspector”;

(g) in paragraph (16)—

(i) after sub-paragraph (b) insert—

“(bb) sufficient information to enable any planning permission for the development to be identified;”; and

(ii) in sub-paragraph (c) after “any other information” insert “and of any planning permission”;

(h) in paragraph (18) after “he” insert “or an inspector”; and

(i) in paragraph (20) after “Secretary of State” insert “or an inspector”.

(3) In regulation 26A (ROMP applications) —

(a) in paragraph (3) for “7(4)” substitute “7(5)”;

(b) in paragraph (4) for “7(5) and (6)” substitute “7(7) and (9)”;

(c) in paragraph (8) after “application for planning permission” insert “or a subsequent application”;

(d) in paragraph (9) for “after paragraph (3) insert” substitute “for paragraph (3A) substitute”;

(e) in paragraph (10)—

(i) in sub-paragraph (a) after “applicant for planning permission” insert “or subsequent consent”; and

(ii) in sub-paragraph (b) after “refuse the permission” insert “or subsequent consent”;

(f) in paragraph(13)(a) after “for planning permission” insert “or subsequent consent”;

(g) in paragraph (17)(a) for “7(4)” substitute “7(5)”; and

(h) in paragraph 28—

(i) in sub-paragraph (b) for “4 (general provisions relating to screening)” substitute “4A omit sub-paragraph (a)”; and

(ii) in sub-paragraph (d)(i) for “7(4)(a)” substitute “7(5)(a)”