5.—(1) This regulation provides the method for determining whether the extent of a restructuring project is equal to, or exceeds, the threshold applicable.
(2) The threshold for a type of restructuring project specified in column 1 of Schedule 1 is set out in column 2 or 3.
(3) Paragraphs (4) and (5) apply where a restructuring project consists of only one of the types of restructuring projects specified in column 1.
(4) Where a restructuring project is to be carried out wholly outside a sensitive area, the threshold applicable to it is that specified for that type of restructuring project in column 2.
(5) Where a restructuring project, or any part of it, is to be carried out in a sensitive area, the threshold applicable to it is that specified for that type of restructuring project in column 3.
(6) Where a restructuring project is made up of more than one of the types of restructuring project specified in column 1—
(a)each relevant part of the restructuring project must be assessed so as to determine the threshold applicable to that part, and
(b)if any relevant part of the restructuring project equals or exceeds the threshold applicable to that part, then the entire restructuring project is to be treated as having an extent equal to or exceeding the threshold applicable to it.
(7) In this regulation, “sensitive area” (“ardal sensitive”) means—
(a)land notified under section 28 of the Wildlife and Countryside Act 1981(1) as a site of special scientific interest;
(b)a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the protection of the World Cultural and Natural Heritage(2);
(c)a European site within the meaning of regulation 8 of [F1the Habitats Regulations];
(d)an area of outstanding natural beauty designated as such by an Order made under section 82 of the Countryside and Rights of Way Act 2000 (designation of areas of outstanding natural beauty) and duly confirmed by the Welsh Ministers under section 83(3) of that Act(3);
(e)a National Park within the meaning of the National Parks and Access to the Countryside Act 1949(4);
(f)a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979(5).
Textual Amendments
F1Words in reg. 5(7)(c) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 77(3)(a)
Commencement Information
I1Reg. 5 in force at 16.5.2017, see reg. 1(3)
1981 c. 69. As amended by paragraph 79 of Schedule 11 to the Natural Environment and Rural Communities Act 2006 (c. 16) and paragraph 172 of Schedule 2 to the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755 (W. 90)).
See Command Paper 9424.
2000 c. 37. Orders designating areas of outstanding natural beauty made before the coming into force of section 82 of the Countryside and Rights of Way Act 2000 are treated as having been made under section 82 by virtue of paragraph 16 of Schedule 15 to that Act.
1949 c. 97. Relevant amendments were made by the Environment Act 1995 (c. 25), Schedule 10, paragraph 2, the Natural Environment and Rural Communities Act 2006 (c. 16), Part 5, section 59(1) and Schedule 11 paragraph 10(a) and the Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755 (W. 90)), Schedule 2, paragraph 16.
1979.c. 46, section 1(11).