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

Screening opinions

42.—(1) Where it appears to the local planning authority by whom or on whose behalf an enforcement notice is to be issued that the matters constituting the breach of planning control comprise or include Schedule 1 development or Schedule 2 development they must, before the enforcement notice is issued, adopt a screening opinion.

(2) Where it appears to the local planning authority by whom or on whose behalf an enforcement notice is to be issued that the matters constituting the breach of planning control comprise or include EIA development they must serve with a copy of the enforcement notice a notice (“regulation 42 notice”) which must—

(a) include the screening opinion required by paragraph (1) and the statement required by regulation 4(7); and

(b) require a person who gives notice of an appeal under section 174 of the 1990 Act(1) to submit to the Welsh Ministers with the notice two copies of an environmental statement relating to that EIA development.

(3) The authority by whom a regulation 42 notice has been served must send a copy of it to—

(a) the Welsh Ministers;

(b) the consultees; and

(c) any particular person of whom the authority is aware, who is likely to be affected by, or has an interest in, the regulation 42 notice.

(4) Where an authority provide the Welsh Ministers with a copy of a regulation 42 notice they must include with it a list of the other persons to whom a copy of the notice has been or is to be sent.

(1)

Section 174 was amended by section 6(1) of, and paragraph 22 of Schedule 7 to, the 1991 Act; the Planning (Wales) Act 2015, section 46; and by S.I 2003/956. See also section 177(5) which was amended by paragraph 24 of Schedule 7 to the 1991 Act.