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

5.  Regulation 14 is to be read as if it provided—

Scoping opinions

14.(1) Where a proposed local development order is EIA development, the local planning authority may state its opinion as to the scope and level of detail of the information to be provided in the environmental statement (“a scoping opinion”).

(2) Before issuing a scoping opinion under paragraph (1) the local planning authority must prepare—

(a)a plan sufficient to identify the land;

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

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

(d)such other information or representations as the local planning authority may wish to provide or make.

(3) A local planning authority must not adopt a scoping opinion until they have consulted the consultees.

(4) Before adopting a scoping opinion the local planning authority must take into account—

(a)the information prepared by the authority about the proposed development in accordance with paragraph (2);

(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 affected by the development.

(5) A local planning authority may ask the Welsh Ministers under regulation 15(1) to make a direction as to the information to be provided in the environmental statement (“scoping direction”).