The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016

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 on or after the commencement date;

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

(c) to every subsequent application in respect of EIA development received on or after the commencement date; 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 date.

(2) For the purposes of paragraph (1), the date of receipt of an application by an authority is—

(a) in respect of an application made under section 62D of the 1990 Act, the date of acceptance of the application in accordance with article 15 of the 2016 Order; and

(b) determined in accordance with article 22(3) (time periods for decisions) of the 2012 Order in respect of other applications.

(3) The relevant planning authority or the Welsh Ministers or an inspector must not grant planning permission or subsequent consent pursuant to an application to which this regulation applies unless they have taken the environmental information into consideration, and they must state in their decision that they have done so.