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The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017

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Scoping opinions

14.—(1) A person who is minded to make an EIA application may ask the relevant planning authority to state their opinion as to the scope and level of detail of the information to be provided in the environmental statement (“scoping opinion”).

(2) A request under paragraph (1) must include—

(a)in relation to an application for planning permission—

(i)a plan sufficient to identify the land;

(ii)a brief description of the nature and purpose of the development including its location and technical capacity;

(iii)its likely significant effects on the environment; and

(iv)such other information or representations as the person making the request may wish to provide or make;

(b)in relation to a subsequent application—

(i)a plan sufficient to identify the land;

(ii)sufficient information to enable the relevant planning authority to identify any planning permission granted for the development in respect of which a subsequent application has been made;

(iii)a description of the likely significant effects on the environment which were not identified at the time planning permission was granted; and

(iv)such other information or representations as the person making the request may wish to provide or make.

(3) An authority receiving a request under paragraph (1) must, if they consider that they have not been provided with sufficient information to adopt a scoping opinion, notify the person who made the request of the points on which they require additional information.

(4) An authority must not adopt a scoping opinion in response to a request under paragraph (1) until they have consulted the consultees, but must, subject to paragraph (5), within 8 weeks beginning with the date of receipt of that request or such longer period as may be agreed in writing with the person who made the request, adopt a scoping opinion and send a copy to the person who made the request.

(5) Where a person has, at the same time as making a request for a screening opinion under regulation 6(1), asked the authority for an opinion under paragraph (1) above, and the authority have adopted a screening opinion to the effect that the development is EIA development, the authority must, within 8 weeks beginning with the date on which that screening opinion was adopted or such longer period as may be agreed in writing with the person who made the request, adopt a scoping opinion and send a copy to the person who made the request.

(6) Before adopting a scoping opinion the authority must take into account—

(a)any information provided by the applicant about the proposed development;

(b)the specific characteristics of the particular development;

(c)the specific characteristics of development of the type concerned; and

(d)the environmental features likely to be significantly affected by the development.

(7) Where an authority fail to adopt a scoping opinion within the relevant period mentioned in paragraph (4) or (5), the person who requested the opinion may ask the Welsh Ministers under regulation 15(1) to make a direction as to the information to be provided in the environmental statement (a “scoping direction”).

(8) Paragraph (7) applies even if the authority has not received additional information which they have sought under paragraph (3).

(9) Nothing prevents an authority which have adopted a scoping opinion from requiring the person who made the request to provide additional information.

(10) “Additional information” (“gwybodaeth ychwanegol”) in paragraph (9) means information in connection with any statement that may be submitted by that person as an environmental statement for the purposes of these Regulations in connection with an application for planning permission or a subsequent application for the same development.

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