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

ROMP application by a mineral planning authority

9.—(1) Where a mineral planning authority propose to make or makes a ROMP application which is a Schedule 1 or a Schedule 2 application to the Welsh Ministers under regulation 11 (other consents) of the General Regulations(2), these Regulations apply to that application or proposed application as they apply to a ROMP application referred to the Welsh Ministers under paragraph 7(1) of Schedule 2 to the 1991 Act, paragraph 13(1) of Schedule 13 to the 1995 Act or paragraph 8(1) of Schedule 14 to the 1995 Act (reference of applications to the Welsh Ministers) subject to the following modifications—

(a) subject to paragraph (2), regulations 5 to 10, 12, 13, 14, 16 (except for the purposes of regulations 19(3) and (4)), 18 and 24(1) do not apply;

(b) in regulation 4 (general provisions relating to screening), paragraphs (4) and (10) do not apply;

(c) regulation 11(2) (application referred to the Welsh Ministers without an environmental statement), applies as if “and must send a copy of that notification to the relevant planning authority” were omitted;

(d) in regulation 15 (procedure to facilitate preparation of environmental statements)—

(i) in sub-paragraph (3)(b) for the words “10(4)(a), or 11(5) or 12(6)” read “11(5)”;

(ii) read paragraph (4) as if “the relevant planning authority and” and “authority or” were omitted;

(e) in regulation 17(2) (publicity where an environmental statement is submitted after the planning application)—

(i) in sub-paragraph (a) read as if “and the name and address of the relevant planning authority” were omitted;

(ii) read as if sub-paragraph (b) provided—

“(b) the date on which the application was made and that it has been made to the Welsh Ministers under regulation 11 of the General Regulations;”;

(f) read regulation 19(2) (procedure where an environmental statement is submitted to the Welsh Ministers), as if “who must send one copy to the relevant planning authority” were omitted;

(g) in regulation 22(3) (further information and evidence in respect of environmental statements)—

(i) read sub-paragraph (a) as if “and the name and address of the relevant planning authority” were omitted;

(ii) read sub-paragraph (b) as if it provided—

“(b) the date on which the application was made and that it has been made to the Welsh Ministers under regulation 11 of the General Regulations;”; and

(h) regulations 23 (availability of opinions, directions etc for inspection) and 24(2) (duties to inform the public and the Welsh Ministers of final decisions) apply as if the references to a “relevant planning authority” were references to a mineral planning authority.

(2) A mineral planning authority minded to make a ROMP application to the Welsh Ministers under regulation 11 of the General Regulations may request the Welsh Ministers to make a screening direction, and paragraphs (3) to (6) of regulation 6 apply to such a request as they apply to a request made pursuant to regulation 5(7) except as if in paragraph (5) “, and may request the relevant planning authority to provide such information as they can on any of those points” were omitted.

(3) A request under paragraph (2) must be accompanied by—

(a) a plan sufficient to identify the land;

(b) a brief description of the nature and purpose of the ROMP development and of its possible effects on the environment; and

(c) such other information as the authority may wish to provide or make.

(4) An authority making a request under paragraph (10) must send to the Welsh Ministers any additional information they may request to enable them to make a direction.

(1)

For the meaning of “ROMP” see regulation 52(1).

(2)

Regulation 11 was amended by S.I. 1999/1810 and S.I. 1999/1892.