Explanatory Note
(This note is not part of the Regulations)
Schedule 2 to the Planning and Compensation Act 1991 and Schedules 13 and 14 to the Environment Act 1995 establish a mandatory procedure for the review of the conditions to which old mineral planning permissions are to be subject. Applications for reviews are made to relevant mineral planning authorities (“ROMP applications”) and may be the subject of a referral or appeal to the Welsh Ministers.
These Regulations implement in relation to Wales, Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (O.J. No. L 175, 5.7.1985, p. 40), as amended by Council Directive 97/11/EC (O.J. No. L 73, 14.3.1997, p. 5) and Council Directive 2003/35/EC (OJ No L 156, 25.6.2003, p. 17) (“the Directive”) in relation to ROMP applications which were submitted before 15 November 2000 and which, on or after the date on which these Regulations come into force, fall to be determined by a relevant mineral planning authority or the Welsh Ministers (“undetermined ROMP applications”).
The Directive is implemented in relation to ROMP applications in Wales which were submitted after 15 November 2000 by the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (S.I. 1999/293), as modified by the Town and Country Planning (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2000 (2000/2867) (“the principal Regulations”).
The provision made by these Regulations departs in some respects from that made by the principal Regulations. The main differences are summarised below.
Part 1 of the Regulations introduces a procedure to permit mineral planning authorities to extend the statutory time periods for compliance with obligations imposed by the Regulations, confers power on the Welsh Ministers to direct applications to be referred to them for determination and to recover costs from mineral planning authorities in certain cases.
Part 2 automatically deems all undetermined ROMP applications to be EIA applications, subject to a 3 week period within which an applicant can request a screening decision from the Welsh Ministers.
Part 3 requires a scoping decision to be made in respect of every EIA application and requires an environmental statement (“ES”) to be submitted in draft for pre-consultation checking.
Part 4 permits mineral planning authorities and the Welsh Ministers to call for further information or evidence and requires that any such information undergoes pre-consultation checking. This Part also requires mineral planning authorities and the Welsh Ministers to publicise any relevant reports or advice received by them in relation to EIA applications before the Regulations come into force.
Part 6 requires applicants, mineral planning authorities and the Welsh Ministers to publish any formal notifications given under the Regulations.
Part 7 deals with suspension of minerals development and prohibition orders. Where an applicant, appellant or operator fails to comply with the obligations imposed by the Regulations, minerals development authorised by the planning permission or permissions which are the subject of an EIA application is suspended. This Part provides that where a suspension engages under the Regulations, that suspension remains in effect until all relevant obligations have been complied with.
This Part also imposes a duty on mineral planning authorities to consider whether to exercise their prohibition order-making functions under paragraph 3 of Schedule 9 to the Town and Country Planning Act 1990 in cases where minerals development has been suspended for 2 years and relevant obligations under these Regulations have yet to be complied with. For the purposes of this duty, this Part modifies Schedule 9 to the 1990 Act so that mineral planning authorities must assume that minerals development has permanently ceased after 2 years suspension if they are satisfied that the resumption of lawful minerals development to any substantial extent is unlikely.
A partial regulatory impact assessment has been prepared and copies are available from the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.