The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

Regulation 2(1)

SCHEDULE 1 E+W DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT"

Interpretation E+W

In this Schedule—

• “airport" means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14) M1 ;

• “express road" means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15 November 1975 M2 ;

• “nuclear power station" and “other nuclear reactor" do not include an installation from the site of which all nuclear fuel and other radioactive contaminated materials have been permanently removed; and development for the purpose of dismantling or decommissioning a nuclear power station or other nuclear reactor shall not be treated as development of the description mentioned in paragraph 2(b) of this Schedule.

Marginal Citations

M1 See Command Paper 6614.

M2 See Command Paper 6993.

Descriptions of development E+W

The carrying out of development to provide any of the following—

1.  Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day. E+W

2.—(a) Thermal power stations and other combustion installations with a heat output of 300 megawatts or more; and E+W

(b) Nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

3.—(a) Installations for the reprocessing of irradiated nuclear fuel. E+W

(b) Installations designed—

(i) for the production or enrichment of nuclear fuel,

(ii) for the processing of irradiated nuclear fuel or high-level radioactive waste,

(iii) for the final disposal of irradiated nuclear fuel,

(iv) solely for the final disposal of radioactive waste,

(v) solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

4.—(a) Integrated works for the initial smelting of cast-iron and steel; E+W

(b) Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

5.  Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos— E+W

(a) for asbestos-cement products, with an annual production of more than 20,000 tonnes of finished products;

(b) for friction material, with an annual production of more than 50 tonnes of finished products; and

(c) for other uses of asbestos, utilisation of more than 200 tonnes per year.

6.  Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are— E+W

(a) for the production of basic organic chemicals;

(b) for the production of basic inorganic chemicals;

(c) for the production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers);

(d) for the production of basic plant health products and of biocides;

(e) for the production of basic pharmaceutical products using a chemical or biological process;

(f) for the production of explosives.

7.—(a) Construction of lines for long-distance railway traffic and of airports with a basic runway length of 2,100 metres or more; E+W

(b) Construction of motorways and express roads;

(c) Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road would be 10 kilometres or more in a continuous length.

8.—(a) Inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over 1,350 tonnes; E+W

(b) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

9.  Waste disposal installations for the incineration, chemical treatment (as defined in Annex IIA to Council Directive 75/442/EEC M3 under heading D9), or landfill of hazardous waste (that is to say, waste to which Council Directive 91/689/EEC M4 applies). E+W

Marginal Citations

M3 O.J. No. L 194, 25.7.1975, p. 39. Council Directive 75/442/EEC was amended by Council Directive 91/156/EEC (O.J. No. L 78, 26.3.1991, p. 32) and by Commission Decision 94/3/EC (O.J. No. L 5, 7.1.1994, p. 15).

M4 O.J. No. L 337, 31.12.1991, p. 20. Council Directive 91/689/EEC was amended by Council Directive 94/31/EC (O.J. No. L 168, 2.7.1994, p. 28).

10.  Waste disposal installations for the incineration or chemical treatment (as defined in Annex IIA to Council Directive 75/442/EEC under heading D9) of non-hazardous waste with a capacity exceeding 100 tonnes per day. E+W

11.  Goundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres. E+W

12.—(a) Works for the transfer of water resources, other than piped drinking water, between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year; E+W

(b) In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the multi-annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5% of this flow.

13.  Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2 point (6) of Council Directive 91/271/EEC M5 . E+W

Marginal Citations

M5 O.J. No. L 135, 30.5.1991, p. 40.

14.  Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas. E+W

15.  Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres. E+W

16.  Pipelines for the transport of gas, oil or chemicals with a diameter of more than 800 millimetres and a length of more than 40 kilometres. E+W

17.  Installations for the intensive rearing of poultry or pigs with more than— E+W

(a) 85,000 places for broilers or 60,000 places for hens;

(b) 3,000 places for production pigs (over 30 kg); or

(c) 900 places for sows.

18.  Industrial plants for— E+W

(a) the production of pulp from timber or similar fibrous materials;

(b) the production of paper and board with a production capacity exceeding 200 tonnes per day.

19.  Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or peat extraction where the surface of the site exceeds 150 hectares. E+W

20.  Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more. E+W

Regulation 2(1)

SCHEDULE 2 E+W DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT"

1.  In the table below— E+W

• “area of the works" includes any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for construction or installation;

• “controlled waters" has the same meaning as in the Water Resources Act 1991 M6 ;

• “floorspace" means the floorspace in a building or buildings.

Marginal Citations

M6 1991 c. 57.See section 104.

2.  The table below sets out the descriptions of development and applicable thresholds and criteria for the purpose of classifying development as Schedule 2 development. E+W

Regulation 4(5)

SCHEDULE 3 E+W SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT

Characteristics of development E+W

1.  The characteristics of development must be considered having regard, in particular, to—

(a) the size of the development;

(b) the cumulation with other development;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of accidents, having regard in particular to substances or technologies used.

Location of development E+W

2.  The environmental sensitivity of geographical areas likely to be affected by development must be considered, having regard, in particular, to—

(a) the existing land use;

(b) the relative abundance, quality and regenerative capacity of natural resources in the area;

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under Member States’ legislation; areas designated by Member States pursuant to Council Directive 79/409/EEC on the conservation of wild birds M7 and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora M8 ;

(vi) areas in which the environmental quality standards laid down in Community legislation have already been exceeded;

(vii) densely populated areas;

(viii) landscapes of historical, cultural or archaeological significance.

Marginal Citations

M7 O.J. No. L 103, 25.4.1979, p. 1.

M8 O.J. No. L 206, 22.7.1992, p. 7.

Characteristics of the potential impact E+W

3.  The potential significant effects of development must be considered in relation to criteria set out under paragraphs 1 and 2 above, and having regard in particular to—

(a) the extent of the impact (geographical area and size of the affected population);

(b) the transfrontier nature of the impact;

(c) the magnitude and complexity of the impact;

(d) the probability of the impact;

(e) the duration, frequency and reversibility of the impact.

Regulation 2(1)

SCHEDULE 4 E+W INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS

PART I E+W

1.  Description of the development, including in particular— E+W

(a) a description of the physical characteristics of the whole development and the land-use requirements during the construction and operational phases;

(b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

(c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed development.

2.  An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for his choice, taking into account the environmental effects. E+W

3.  A description of the aspects of the environment likely to be significantly affected by the development, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors. E+W

4.  A description of the likely significant effects of the development on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the development, resulting from: E+W

(a) the existence of the development;

(b) the use of natural resources;

(c) the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the applicant of the forecasting methods used to assess the effects on the environment.

5.  A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment. E+W

6.  A non-technical summary of the information provided under paragraphs 1 to 5 of this Part. E+W

7.  An indication of any difficulties (technical deficiences or lack of know-how) encountered by the applicant in compiling the required information. E+W

PART II E+W

1.  A description of the development comprising information on the site, design and size of the development. E+W

2.  A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects. E+W

3.  The data required to identify and assess the main effects which the development is likely to have on the environment. E+W

4.  An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for his choice, taking into account the environmental effects. E+W

5.  A non-technical summary of the information provided under paragraphs 1 to 4 of this Part. E+W

Regulation 34(1)

SCHEDULE 5 E+W STATUTORY INSTRUMENTS REVOKED

Title of Instrument	Reference	Extent of revocation
The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988	S.I. 1988/1199	The whole of the Regulations
The Town and Country Planning (Assessment of Environmental Effects) (Amendment) Regulations 1990	S.I. 1990/367	The whole of the Regulations
The Town and Country Planning (Assessment of Environmental Effects) (Amendment) Regulations 1992	S.I. 1992/1494	The whole of the Regulations
The Town and Country Planning (Simplified Planning Zones) Regulations 1992	S.I. 1992/2414	Regulation 22
The Town and Country Planning (Assessment of Environmental Effects) (Amendment) Regulations 1994	S.I. 1994/677	The whole of the Regulations
The Town and Country Planning (Environmental Assessment and Permitted Development) Regulations 1995	S.I. 1995/417	The whole of the Regulations
The Town and Country Planning (General Permitted Development) Order 1995	S.I. 1995/418	Sub-paragraphs (a) and (c) of article 3(12)
The Town and Country Planning (Environmental Assessment and Unauthorised Development) Regulations 1995	S.I. 1995/2258	The whole of the Regulations