The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations are concerned with the implementation in England and Wales of Council Directive 85/337/EEC (OJ No. L175, 5.7.85, p. 40.) on the assessment of the effects of certain public and private projects on the environment.

The Regulations impose new procedural requirements in connection with the consideration of applications for planning permission under Part III of the Town and Country Planning Act 1971 and the deemed grant under the Town and Country Planning General Regulations 1976 (“the 1976 Regulations”) of planning permission for development by local planning authorities or for development on land they own.

The descriptions of development which are affected by the Regulations are set out in Schedules 1 and 2. Development mentioned in Schedule 2 is only affected if it would be likely to have significant effects on the environment by virtue of factors such as its nature, size and location.

Regulation 3 extends the statutory power to provide in a development order for the giving of directions so that the Secretary of State can be empowered to direct whether development is, or is not, within the ambit of the Regulations. He may also be given power to exempt particular development by direction.

Regulation 4 prohibits the grant of planning permission for affected development unless the local planning authority, the Secretary of State or an inspector have first taken account of the environmental information (as defined in regulation 2) which is before them, including a statement by the applicant or appellant of the likely significant effects on the environment of the proposed development. Such a statement (“an environmental statement”) must conform with Schedule 3.

The prohibition applies where an application is lodged on or after 15th July 1988.

Similarly regulation 17 prohibits local planning authorities from resolving under regulation 4 or 5 of the 1976 Regulations to seek planning permission for their own development or development on their own land without preparing an environmental statement, where required. The regulation also prohibits them from passing a further resolution under the 1976 Regulations whereby deemed planning permission for such development is granted without first considering the available environmental information.

Persons proposing to apply for planning permission may seek a preliminary opinion from the local planning authority as to whether the proposed application would be subject to the provisions of these Regulations (regulation 5) and may seek a direction of the Secretary of State if they do not accept an authority’s opinion that that is the case (regulation 6).

Regulation 7 provides that particular directions and opinions and notifications about the application of these Regulations and the need to submit an environmental statement are included in local planning registers or otherwise made available for inspection.

Regulations 8 and 22 provide for public bodies to assist in the preparation of environmental statements.

Regulations 9 to 11 apply where a planning application is submitted without an environmental statement and the local planning authority or the Secretary of State or an inspector form the view that one is required; and specify the procedures to be followed.

Regulations 12 and 13 provide for public notice to be given of all applications for planning permission where an environmental statement is submitted. Regulations 14 and 15 require the local planning authority or where appropriate, the Secretary of State, to consult certain public bodies about such applications. The bodies in question are those mentioned in regulation 8(5).

Regulation 16 extends the time allowed to a local planning authority to consider an application for planning permission from 8 weeks to 16 weeks where consideration of environmental information is required; and also provides that time does not run until an environmental statement is submitted or, in certain circumstances, while the need for this is under consideration.

Regulations 18 to 20 are concerned with the provision of copies of an environmental statement. A person preparing a statement may charge the public for copies and consultees for additional copies (regulation 20).

Regulation 21 empowers a person considering an environmental statement to require further information or the verification of information given.

Regulation 22 requires the local planning authority and public bodies mentioned in regulation 8(5) to supply information (other than confidential information) for the preparation of an environmental statement where they are asked to do so.

Regulation 23 requires the Secretary of State to be notified of planning decisions by local planning authorities involving consideration of environmental information in accordance with these Regulations.

Regulation 25 modifies the operation of section 245 of the Town and Country Planning Act 1971 so that decisions by the Secretary of State (or an inspector) may be challenged on the ground that regulation 4 has been contravened.