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The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016
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- Wales Statutory Instruments
- 2016 No. 58 (W. 28)
- PART 9
- Regulation 38
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Local development orders
38.—(1) This regulation applies in relation to Schedule 2 development for which a local planning authority propose to grant planning permission by local development order.
(2) Where this regulation applies, the local planning authority must not adopt or revise a local development order unless they have adopted a screening opinion or the Welsh Ministers have made a screening direction.
(3) Paragraph (4) and Schedule 5 apply where—
(a)the local planning authority adopts a screening opinion; or
(b)the Welsh Ministers make a screening direction under these Regulations,
to the effect that the development is EIA development.
(4) The local planning authority must not adopt or revise a local development order which would grant planning permission for EIA development unless—
(a)an environmental statement has been prepared in relation to that development; and
(b)the authority has taken the environmental information into consideration, and they state in their decision that they have done so.
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