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

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19.  Regulation 29 is to be read as if it provided—

29.(1) In this regulation, “decision” (“penderfyniadmeans, in relation to an order which takes effect under section 97(7) of the 1990 Act, the decision to make the order and otherwise, the decision to confirm the section 97 order or the section 102 order.

(2) Where a section 97 order or a section 102 order permitting or requiring EIA development takes effect, the Welsh Ministers must—

(a)notify the relevant planning authority when the order is made or confirmed; and

(b)other than in relation to section 97 orders which take effect without being confirmed by the Welsh Ministers(1), provide the authority with a statement containing the information in paragraph (3)(c).

(3) Where a section 97 order or a section 102 order permitting or requiring EIA development takes effect, the relevant planning authority must—

(a)inform the public of the decision, by local advertisement, or by such other means as are reasonable in the circumstances; and

(b)make available for public inspection at the place where the record of section 97 orders and section 102 orders is kept, a statement containing—

(i)the content of the decision and any conditions attached to it;

(ii)the main reasons and considerations on which the decision is based including, if relevant, information about the participation of the public;

(iii)a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development permitted or required by the order; and

(iv)information regarding the right to challenge the validity of the decision and the procedures for doing so.

(1)

See section 99(7) of the 1990 Act in relation to orders confirmed by the Welsh Ministers.

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