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

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations revoke and restate with amendments the provisions of the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016(1) (“the 2016 Regulations”). The 2016 Regulations consolidated and updated earlier instruments which implemented Council Directive 85/337/EEC (“the 1985 Directive”) on the assessment of the effects of certain public and private projects on the environment(2) in relation to town and country planning in Wales.

The 1985 Directive has been replaced by Directive 2011/92/EU (“the Directive”) of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment(3). The Directive has been amended by EU Directive 2014/52/EU(4).

The Regulations impose procedural requirements in relation to the granting of planning permission under the Town and Country Planning Act 1990(5).

All development in Schedule 1 requires an environmental impact assessment (“EIA”). Development in column 1 of the table in Schedule 2 which is either to be carried out in a sensitive area or satisfies a threshold or criterion in column 2 requires an EIA if it is likely to have significant effects on the environment.

The main amendments to the 2016 Regulations are:

Environmental impact assessment

Regulation 3 is requires an EIA to be carried out before consent is given to development likely to have significant effects on the environment (“EIA development”).

New regulation 4 describes the environmental impact assessment process.

Screening

The screening process is amended. Regulation 6(2) and (3) require certain information to be provided by the person seeking planning permission, taking into account the selection criteria in Schedule 3.

In accordance with regulation 5(8), when making a screening decision, the decision-maker must now take into account that information, the available results of other environmental assessments as well as the selection criteria in Schedule 3. Those selection criteria are amended.

When the decision-maker adopts a screening decision they must state the main reasons for the decision in addition to other new matters, in accordance with regulation 5(9).

Regulations 6(6) and 7(6) require screening decisions to be made at the latest within 90 days from the date of the submission of all the relevant information unless there are exceptional circumstances and regulation 7(7) applies.

Scoping

Regulation 14(2) makes changes to the nature of the information which a person must provide with a request for a scoping opinion. Paragraph (6) requires the body making the scoping decision to take additional information into account before adopting the scoping decision.

Environmental statements

The information required to be included in an environmental statement has been expanded by regulation 17(3) and Schedule 4. Regulations 4(4) and 17(4) contain new requirements in relation to environmental statements.

The decision whether to grant planning permission

Regulation 25 makes detailed provision as to the procedure that the decision-maker must follow when determining whether to grant planning permission for a development in relation to which an environmental statement has been submitted. Paragraph (2) contains a requirement for the decision-maker’s conclusion on the significant effects of the development to be up-to-date at the time that it makes its decision whether to grant planning permission. Paragraph (4) details the matters the decision-maker must consider in relation to potential remedial action and monitoring measures.

Regulation 28 sets out the information which must be provided with a decision on whether to grant planning permission.

Publicity and consultation

Regulation 19(2)(e) and amendments made to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012(6) by paragraph 1(3)(c) of Schedule 9 provide for a minimum public consultation period of 30 days.

Regulation 29(1)(d) makes provision for enhanced information to be provided to the public after a decision is made in relation to whether to grant planning permission for EIA development.

Penalties and enforcement

Regulation 43 contains the duty on local planning authorities to have regard to the need to secure compliance with the requirements and objectives of the Directive in the exercise of their enforcement functions.

Other requirements

Regulation 19 and amendments made to the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 by paragraph 1(3)(h) of Schedule 9 require the environmental statement and other documents to be available electronically for inspection.

Regulation 26 is a requirement to coordinate, where appropriate, an EIA under these Regulations with any assessment under regulation 61 of the Conservation of Habitats and Species Regulations 2010(7).

Regulation 58 makes provision to secure that there is no conflict of interest and that there is an appropriate separation of functions when the decision-maker is also the body requiring planning permission. The specific provisions relating to development by a local planning authority have been removed.

Similar amendments have been made to the processes in Part 7 (Developments of National Significance), Part 9 (Restrictions on Grants of Permission), Part 10 (Unauthorised Development) and Part 11 (ROMP Applications).

A regulatory impact assessment has been prepared in relation to these Regulations. Copies may be obtained from Planning Division, The Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the website at https://www.wales.gov.uk.

(1)

S.I. 2016/58 (W. 28).

(2)

O.J. No. L 175, 5.7.1985, p. 40. Council Directive 85/337/EEC was amended by Council Directive 97/11/EC, O.J. No. L 73, 14.3.1997, p. 5; Directive 2003/35/EC of the European Parliament and of the Council, O.J. No. L 156, 25.6.2003, p. 17; and Directive 2009/31/EC of the European Parliament and of the Council, O.J. No. L 140, 5.6.2009, p. 114. The 1985 Directive and the amending provisions of a subsequent Directive were codified in the Directive, O.J. No. L 26, 28.1.2012, p. 1.

(3)

O.J. No. L 26, 28.1.2012, p. 1.

(4)

O.J. No. L 124, 25.4.2014, p. 1.

(5)

1990 c. 8.

(6)

S.I. 2010/801 (W. 110).

(7)

S.I. 2010/490.