The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016
PART 1
General
1
Title, commencement and application
2
Interpretation
3
Prohibition on granting planning permission or subsequent consent without consideration of environmental information
PART 2
Screening
4
General provisions relating to screening
5
Requests for screening opinions
6
Requests for screening directions of the Welsh Ministers
PART 3
Procedures Concerning Applications for Planning Permission
7
Applications which appear to require screening opinion
8
Subsequent applications where environmental information previously provided
9
Subsequent applications where environmental information not previously provided
10
Application made to a local planning authority without an environmental statement
11
Application referred to the Welsh Ministers without an environmental statement
12
Appeal to the Welsh Ministers without an environmental statement
PART 4
Preparation of Environmental Statements
13
Scoping opinions
14
Scoping directions
15
Procedure to facilitate preparation of environmental statements
PART 5
Publicity and Procedures on Submission of Environmental Statements
16
Procedure where an environmental statement is submitted to a local planning authority
17
Publicity where an environmental statement is submitted after the planning application
18
Provision of copies of environmental statements and further information for the Welsh Ministers on referral or appeal
19
Procedure where an environmental statement is submitted to the Welsh Ministers
20
Availability of copies of environmental statements
21
Charges for copies of environmental statements
22
Further information and evidence in respect of environmental statements
PART 6
Availability of Directions etc. and Notification of Decisions
23
Availability of opinions, directions etc. for inspection
24
Duties to inform the public and the Welsh Ministers of final decisions
PART 7
Development By a Local Planning Authority
25
Modifications where application by a local planning authority
26
Screening opinions and directions
PART 8
Applications for planning permission made to the Welsh Ministers
27
Application of Parts 2 to 7
28
Requests for screening directions of the Welsh Ministers
29
Applications made without an environmental statement
30
Scoping directions
31
Procedure to facilitate preparation of environmental statements
32
Procedure where an environmental statement is submitted to the Welsh Ministers
33
Publicity where an environmental statement is submitted after the planning application
34
Availability of copies of environmental statements
35
Availability of directions etc. for inspection
36
Duties to inform the public of final decisions
PART 9
Restrictions of Grants of Permission
37
New simplified planning zone schemes or enterprise zone orders
38
Local development orders
39
Section 97 orders and section 102 orders
PART 10
Unauthorised Development
40
Interpretation
41
Prohibition on the grant of planning permission for unauthorised EIA development
42
Screening opinions
43
Screening directions
44
Provision of information
45
Appeal to the Welsh Ministers without a screening opinion or screening direction
46
Appeal to the Welsh Ministers without an environmental statement
47
Procedure where an environmental statement is submitted to the Welsh Ministers
48
Further information and evidence respecting environmental statements
49
Publicity for environmental statements or further information
50
Public inspection of documents
51
Significant transboundary effects
PART 11
ROMP Applications
52
General application of the Regulations to ROMP applications
PART 12
Development with Significant Transboundary Effects
53
Development in Wales likely to have significant effects in an EEA State
54
Projects in an EEA State likely to have significant transboundary effects
PART 13
Miscellaneous
55
Application to the High Court
56
Hazardous waste and material change of use
57
Extension of the period for an authority's decision on a planning application
58
Extension 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
59
Application to the Crown
60
Revocation of statutory instruments and transitional provisions
61
Consequential amendments
SCHEDULE 1
Descriptions of development for the purposes of the definition of “Schedule 1 development”
Interpretation
Descriptions of development
SCHEDULE 2
Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”
1
In the table below— “area of the works” (“arwynebedd gwaith”)...
2
The table below sets out the descriptions of development and...
SCHEDULE 3
Selection criteria for screening Schedule 2 development
1
Characteristics of development
2
Location of development
3
Characteristics of the potential impact
SCHEDULE 4
Information for inclusion in environmental statements
PART 1
1
Description of the development, including in particular—
2
An outline of the main alternatives studied by the applicant...
3
A description of the aspects of the environment likely to...
4
A description of the likely significant effects of the development...
5
A description of the measures envisaged to prevent, reduce and...
6
A non-technical summary of the information provided under paragraphs 1...
7
An indication of any difficulties (technical deficiencies or lack of...
PART 2
8
A description of the development comprising information on the site,...
9
A description of the measures envisaged in order to avoid,...
10
The data required to identify and assess the main effects...
11
An outline of the main alternatives studied by the applicant...
12
A non-technical summary of the information provided under paragraphs 8...
SCHEDULE 5
Local Development Orders
1
In a case to which this Schedule has effect, these...
2
Regulations 3, 5 to 12, 18 and 19 do not...
3
In regulation 4— (a) paragraph (2)(a) does not apply;
4
Regulation 13 is to be read as if it provided—...
5
Regulation 15 is to be read as if it provided—...
6
Regulation 16 is to be read as if it provided—...
7
Regulation 17 is to be read as if—
8
Regulation 20 is to be read as if it provided—...
9
Regulation 22 is to be read as if—
10
Regulation 23 is to be read as if paragraphs (1)...
11
Regulation 24 is to be read as if—
12
Regulation 53 is to be read as if—
SCHEDULE 6
Section 97 and 102 Orders under the 1990 Act
1
In this Schedule “initiating body” (“corff cychwyn”) means the local...
2
In a case to which this Schedule has effect, these...
3
Regulations 3, 5 to 12 and 19 do not apply....
4
In regulation 4— (a) paragraph (2)(a) does not apply;
5
Regulation 13 is to be read as if it provided—...
6
Regulation 14 is to be read as if—
7
Regulation 15 is to be read as if it provided—...
8
Regulation 16 is to be read as if it provided—...
9
Regulation 17 is to be read as if—
10
Regulation 18 is to be read as if it provided—...
11
Regulation 20 is to be read as if it provided—...
12
Regulation 22 must be read as if—
13
Regulation 23 is to be read as if paragraphs (1)...
14
Regulation 24 is to be read as if it provided—...
15
Regulation 53 is to be read as if—
SCHEDULE 7
ROMP Applications
1
Modification of provisions on prohibition of granting planning permission or subsequent consent
2
Modification of provisions on application to local planning authority without an environmental statement
3
Disapplication of Regulations and modifications of provisions on application referred to or appealed to the Welsh Ministers without an environmental statement
4
Substitution of references to section 78 of the 1990 Act right of appeal and modification of provisions on appeal to the Welsh Ministers without an environmental statement
5
Modification of provisions on preparation, publicity and procedures on submission of environmental statements
6
Modification of provisions on application to the High Court and giving of directions
7
Suspension of minerals development
8
Determination of conditions and right of appeal on non-determination
9
ROMP application by a mineral planning authority
10
ROMP applications: duty to make a prohibition order after two years suspension of permission
SCHEDULE 8
Statutory instruments revoked
SCHEDULE 9
Consequential amendments
1
The Town and Country Planning (General Permitted Development) Order 1995
2
The Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999
3
The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999
4
The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006
5
The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007
6
The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) 2009
7
The Town and Country Planning (Environmental Impact Assessment) Regulations 2011
8
The Town and Country Planning (Development Management Procedure) (Wales) Order 2012
2016 No. 58 (W. 28)

Town And Country Planning, Wales

The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016
Made
27 January 2016
Laid before the National Assembly for Wales
1 February 2016
Coming into force 1 March 2016 except for regulation 38, Schedule 5 and Schedule 9, paragraph 8(3) which come into force in accordance with regulation 1
The Welsh Ministers being designated for the purposes of section 2(2) of the European Communities Act 1972
in relation to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, insofar as it concerns town and country planning
, in exercise of the powers conferred by that section, section 71A of the Town and Country Planning Act 1990
, and having taken into account the selection criteria in Annex III to Directive 2011/92/EU
of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment
, as adopted on 13 December 2011, make the following Regulations.
1972 c. 68. Section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).
S.I. 2007/1679. See article 4.
1990 c. 8. Section 71A was inserted by section 15 of the 1991 Act. The functions of the Secretary of State under that Act were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672): see the entry in Schedule 1 for the 1991 Act. Those functions were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), the functions being relevant Assembly functions as defined in paragraph 30(2).
Directive 2011/92/EU has been amended by Directive 2014//52/EU. See articles 2(1) and 3(1) of Directive 2014/52/EU.
O.J. No. L 26, 28.1.2012, p. 1. The Directive has been amended by Directive 2014/52/EU of the European Parliament and of the Council O.J. No. L 124, 25.4.2014, p. 1. See in particular Article 3(1).
Regulations applied (with modifications) (1.3.2016) by The Developments of National Significance (Wales) Regulations 2016 (S.I. 2016/56), Sch. 2 para. 1 (with regs. 1(3), 42)
Regulations revoked (16.5.2017) by The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (S.I. 2017/567), regs. 1(2), 65(1) (subject to savings and transitional provisions in regs. 63, 65(2)-(10)) (as amended (1.4.2019) by The Town and Country Planning (Environmental Impact Assessment) (Wales) (Amendment) Regulations 2019 (S.I. 2019/299), reg. 2(2))
Regulations: power to amend or revoke conferred (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 3 (with s. 247)