The Town and Country Planning (Environmental Impact Assessment) Regulations 2011

1Citation, commencement and application

2Interpretation

3Prohibition on granting planning permission or subsequent consent without consideration of environmental information

4General provisions relating to screening

5Requests for screening opinions of the local planning authority

6Requests for screening directions of the Secretary of State

7Applications which appear to require screening opinion

8Subsequent applications where environmental information previously provided

9Subsequent applications where environmental information not previously provided

10Application made to a local planning authority without an environmental statement

11Application referred to the Secretary of State without an environmental statement

12Appeal to the Secretary of State without an environmental statement

13Scoping opinions of the local planning authority

14Scoping directions of the Secretary of State

15Procedure to facilitate preparation of environmental statements

16Procedure where an environmental statement is submitted to a local planning authority

17Publicity where an environmental statement is submitted after the planning application

18Provision of copies of environmental statements and further information for the Secretary of State on referral or appeal

19Procedure where an environmental statement is submitted to the Secretary of State

20Availability of copies of environmental statements

21Charges for copies of environmental statements

22Further information and evidence respecting environmental statements

23Availability of opinions, directions etc for inspection

24Duties to inform the public and the Secretary of State of final decisions

25Modifications where application by a local planning authority

26Screening opinions and directions

27Old simplified planning zone schemes or enterprise orders

28New simplified planning zone schemes or enterprise zone orders

29Local development orders

30Interpretation

31Prohibition on the grant of planning permission for unauthorised EIA development

32Screening opinions of the local planning authority

33Screening directions of the Secretary of State

34Provision of information

35Appeal to the Secretary of State without a screening opinion or screening direction

36Appeal to the Secretary of State without an environmental statement

37Procedure where an environmental statement is submitted to the Secretary of State

38Further information and evidence respecting environmental statements

39Publicity for environmental statements or further information

40Public inspection of documents

41Significant transboundary effects

42General application of the Regulations to ROMP applications

43Modification of provisions on prohibition of granting planning permission or subsequent consent

44Modification of provisions on application to local planning authority without an environmental statement

45Disapplication of Regulations and modifications of provisions on application referred to or appealed to the Secretary of State without an environmental statement

46Substitution of references to section 78 right of appeal and modification of provisions on appeal to the Secretary of State without an environmental statement

47Modification of provisions on preparation, publicity and procedures on submission of environmental statements

48Modification of provisions on application to the High Court and giving of directions

49Suspension of minerals development

50Determination of conditions and right of appeal on non-determination

51ROMP application by a mineral planning authority

52ROMP applications: duty to make a prohibition order after two years suspension of permission

53Development in England likely to have significant effects in another EEA State

54Projects in another EEA State likely to have significant transboundary effects

55Projects serving national defence purposes in Scotland

56Projects serving national defence purposes in Wales

57Projects serving national defence purposes in Northern Ireland

58Service of notices etc

59Application to the High Court

60Hazardous waste and material change of use

61Extension of the period for an authority’s decision on a planning application

62Extension of the power to provide in a development order for the giving of directions as respects the manner in which planning applications are dealt with

63Application to the Crown

65Revocation of statutory instruments and transitional provisions

66Consequential amendments

SCHEDULE 1Descriptions of development for the purposes of the definition of “Schedule 1 development”

Descriptions of development

SCHEDULE 2Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”

1In the table below— “area of the works” includes any...

2The table below sets out the descriptions of development and...

SCHEDULE 3Selection criteria for screening Schedule 2 development

1Characteristics of development

2Location of development

3Characteristics of the potential impact

SCHEDULE 4Information for inclusion in environmental statements

1Description of the development, including in particular—

2An outline of the main alternatives studied by the applicant...

3A description of the aspects of the environment likely to...

4A description of the likely significant effects of the development...

5A description of the measures envisaged to prevent, reduce and...

6A non-technical summary of the information provided under paragraphs 1...

7An indication of any difficulties (technical deficiencies or lack of...

1A description of the development comprising information on the site,...

2A description of the measures envisaged in order to avoid,...

3The data required to identify and assess the main effects...

4An outline of the main alternatives studied by the applicant...

5A non-technical summary of the information provided under paragraphs 1...

SCHEDULE 5Statutory instruments revoked

SCHEDULE 6Consequential amendments

1The Town and Country Planning (General Permitted Development) Order 1995

2In article 3(10), for “the Town and Country Planning (Environmental...

3In article 3(11) for “regulation 4(7)” substitute “regulation 4(8)”.

4The Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

5In regulation 2(1), for the definition of “the 1999 EIA...

6In regulation 4(3), for “the 1999 EIA Regulations” (at both...

7The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999

8In regulation 3(1)(c)(ii), for “the Town and Country Planning (Environmental...

9The Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2005

10In regulation 2(1), for the definition of “environmental statement”, substitute...

11The Planning (National Security Directions and Appointed Representatives) (England) Rules 2006

12In regulation 6(8), for the definition of “EIA application”, substitute...

13Environmental Impact Assessment (Agriculture) (England) (No 2) Regulations 2006

14In regulation 3(2)(b), for “the Town and Country Planning (Environmental...

15The Environmental Impact Assessment and Natural Habitats (Extraction of Minerals by Marine Dredging) (England and Northern Ireland) Regulations 2007

16In regulation 2(1), in the definition of “dredging”, for “the...

17The Town and Country Planning (Development Management Procedure) (England) Order 2010

18In regulation 2(1), in the definition of “EIA development”, “environmental...

19For regulation 25(2), substitute— (2) The Secretary of State may...

20In regulation 34(13), for “the Town and Country Planning (Environmental...

2011 No. 1824

Town And Country Planning

The Town and Country Planning (Environmental Impact Assessment) Regulations 2011

Made19th July 2011

Laid before Parliament26th July 2011

Coming into force24 August 2011

The Secretary of State being designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to the environment, in exercise of the powers conferred by that section, section 71A of the Town and Country Planning Act 19903, and having taken into account the selection criteria in Annex III to Council Directive 85/337/EEC4 as amended by Council Directive 97/11/EC5, makes the following Regulations: