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

1Title, commencement and application

2Interpretation

3Prohibition on granting planning permission , infrastructure consent or subsequent consent without environmental impact assessment

4Environmental impact assessment

PART 2Screening

5General provisions relating to screening

6Requests for screening opinions

7Requests for screening directions of the Welsh Ministers

PART 3Procedures Concerning Applications for Planning Permission and Subsequent Applications

8Applications which appear to require screening opinion

9Subsequent applications where environmental information previously provided

10Subsequent applications where environmental information not previously provided

11Application made to a local planning authority without an environmental statement

12Application referred to the Welsh Ministers without an environmental statement

13Appeal to the Welsh Ministers without an environmental statement

PART 4Preparation of Environmental Statements

14Scoping opinions

15Scoping directions

16Procedure to facilitate preparation of environmental statements

PART 5Publicity and Procedures on Submission of Environmental Statements

17Environmental statements

18Procedure where an environmental statement is submitted to a local planning authority or specified person

19Publicity where an environmental statement is submitted after the planning application or subsequent application

20Provision of copies of environmental statements and further information for the Welsh Ministers on referral or appeal

21Procedure where an environmental statement is submitted to the Welsh Ministers

22Availability of copies of environmental statements

23Charges for copies of environmental statements

24Further information and evidence in respect of environmental statements

25Consideration of whether planning permission , infrastructure consent or subsequent consent should be granted

26Coordination of assessments

PART 7Availability of Directions etc. and Notification of Decisions

27Availability of opinions, directions etc. for inspection

28Information to accompany decisions

29Duties to inform the public and the Welsh Ministers of final decisions

PART 8Applications for planning permission or infrastructure consent made to the Welsh Ministers

30Application of Parts 2 to 7

31Requests for screening directions of the Welsh Ministers

32Applications made without an environmental statement

33Scoping directions

34Procedure to facilitate preparation of environmental statements

35Publicity where an environmental statement is submitted after the planning application or application for infrastructure consent

36Availability of copies of environmental statements

37Availability of directions etc. for inspection

PART 9Restrictions of Grants of Permission

38New simplified planning zone schemes or enterprise zone orders

39Local development orders

40Notices of unauthorised development, orders under section 90 of the 2024 Act, section 97 orders and section 102 orders

41Action under section 141 of the 1990 Act

PART 10Unauthorised Development

42Interpretation of this Part

43Duty to ensure objectives of the Directive are met

44Prohibition on the grant of planning permission for unauthorised EIA development

45Screening opinions

46Screening directions

47Provision of information

48Appeal to the Welsh Ministers without a screening opinion or screening direction

49Appeal to the Welsh Ministers without an environmental statement

50Procedure where an environmental statement is submitted to the Welsh Ministers

51Further information and evidence respecting environmental statements

52Publicity for environmental statements or further information

53Public inspection of documents

54Significant transboundary effects

PART 11ROMP Applications

55General application of the Regulations to ROMP applications

PART 12Development with Significant Transboundary Effects

56Development in Wales likely to have significant effects in an EEA State

57Projects in an EEA State likely to have significant transboundary effects

PART 13Miscellaneous

58Objectivity and bias

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

64Amendment of other instruments

65Revocation, saving and transitional provisions

66Consequential amendments

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

Descriptions of development

1Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil)...

2 (a) Thermal power stations and other combustion installations with...

3 (a) Installations for the reprocessing of irradiated nuclear fuel;...

4 (a) Integrated works for the initial smelting of cast-iron...

5Installations for the extraction of asbestos and for the processing...

6Integrated chemical installations, that is to say, installations for the...

7 (a) Construction of lines for long-distance railway traffic and...

8 (a) Inland waterways and ports for inland-waterway traffic which...

9Waste disposal installations for the incineration, chemical treatment (as defined...

10Waste disposal installations for the incineration or chemical treatment (as...

11Groundwater abstraction or artificial groundwater recharge schemes where the annual...

12 (a) Works for the transfer of water resources, other...

13Waste water treatment plants with a capacity exceeding 150,000 population...

14Extraction of petroleum and natural gas for commercial purposes where...

15Dams and other installations designed for the holding back or...

16Pipelines with a diameter of more than 800 millimetres and...

17Installations for the intensive rearing of poultry or pigs with...

18Industrial plants for— (a) the production of pulp from timber...

19Quarries and open-cast mining where the surface of the site...

20Installations for storage of petroleum, petrochemical or chemical products with...

21Storage sites pursuant to Chapter 3 of Part 1 of...

22Installations for the capture of carbon dioxide streams for the...

23Any change to or extension of development listed in this...

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” (“arwynebedd gwaith”)...

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

SCHEDULE 3Selection criteria for screening Schedule 2 development

1Characteristics of development

2Location of development

3Types and characteristics of the potential impact

SCHEDULE 4Information for inclusion in environmental statements

1Description of the development, including in particular—

2A description of the reasonable alternatives (for example in terms...

3A description of the relevant aspects of the current state...

4A description of the factors specified in regulation 4(2) likely...

5A description of the likely significant effects of the development...

6A description of the forecasting methods or evidence used to...

7A description of the measures envisaged to avoid, prevent, reduce...

8A description of the expected significant adverse effects of the...

9A non-technical summary of the information provided under paragraphs 1...

10A reference list detailing the sources used for the descriptions...

SCHEDULE 5Local Development Orders

1In a case to which this Schedule has effect, these...

2Regulations 3, 9, 10, 12, 13, 20 and 21 do...

3In regulation 5— (a) paragraph (2)(a) does not apply;

4Regulation 11 applies as if references to—

5Regulation 14 is to be read as if it provided—...

6Regulation 15 is to be read as if it provided—...

7Regulation 16 is to be read as if it provided—...

8Regulation 17 is to be read as if—

9Regulation 18 is to be read as if it provided—...

10Regulation 19 is to be read as if—

11Regulation 22 is to be read as if it provided—...

12Regulation 24 is to be read as if—

13Regulation 25 is to be read as if in paragraph...

14Regulation 27 is to be read as if paragraphs (1)...

15Regulation 28 is to be read as if paragraph (1)...

16Regulation 29 is to be read as if—

17Regulation 56 is to be read as if—

SCHEDULE 6Notices of unauthorised development, orders made under section 90 of the 2024 Act, and section 97 and 102 Orders under the 1990 Act

1In a case to which this Schedule has effect, these...

2Regulations 3, 7(2), 9, 10, 12(1), (2) and (8), 13...

3In this Schedule and in the application of these Regulations...

4Regulation 5 is to be read as if—

5Regulations 8, 11 and 12(3) to (8) apply as if...

6Regulation 12(8) is to be read as if “by refusing...

7Regulation 14 and its heading are to be read as...

8Regulation 15 is to be read as if it provided—...

9Regulation 16 is to be read as if it provided—...

10Regulation 17 is to be read as if—

11Regulation 18 is to be read as if it provided—...

12Regulation 19 is to be read as if—

13Regulation 20 is to be read as if it provided—...

14Regulation 22 is to be read as if it provided—...

15Regulation 24 must be read as if—

16Regulation 25(1) is to be read as if—

17Regulation 27 is to be read as if it read—...

18Regulation 28 is to be read as if paragraph (1)...

19Regulation 29 is to be read as if it provided—...

20Regulation 56 is to be read as if—

SCHEDULE 7Functions under Section 141 of the 1990 Act

1In a case to which this Schedule has effect, these...

2Regulations 3, 7(2), 8 to 13, 18 and 21 do...

3In this Schedule and in the application of other regulations...

4(1) Where, on consideration of a purchase notice it appears...

5Where it appears to the Welsh Ministers that the relevant...

6(1) Where the applicant proposes to submit an environmental statement,...

7Where— (a) a notification has been given under paragraph 6(3),...

8Where it appears to the Welsh Ministers that the environmental...

SCHEDULE 8ROMP Applications

1Modification of provisions on prohibition of granting planning permission or subsequent consent

2Modification of provisions on application to local planning authority without an environmental statement

3Disapplication of regulations and modifications of provisions on application referred to or appealed to the Welsh Ministers without an environmental statement

4Substitution 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

5Modification of provisions on preparation, publicity and procedures on submission of environmental statements

6Modification of provisions on application to the High Court and giving of directions

7Suspension of minerals development

8Determination of conditions and right of appeal on non-determination

9ROMP application by a mineral planning authority

10ROMP applications: duty to make a prohibition order after two years suspension of permission

SCHEDULE 9Amendments to other instruments

1The Town and Country Planning (Development Management Procedure) (Wales) Order 2012

2Developments of National Significance (Procedure) (Wales) Order 2016

SCHEDULE 10Consequential amendments

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

2The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

3The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006

2017 No. 567 (W. 136)

Town And Country Planning, Wales

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

Made20 April 2017

Laid before the National Assembly for Wales24 April 2017

Coming into force16 May 2017

The Welsh Ministers being designated for the purposes of section 2(2) of the European Communities Act 1972 M1 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 M2, in exercise of the powers conferred by that section, section 71A of the Town and Country Planning Act 1990 M3, and having taken into account the selection criteria in Annex III to Directive 2011/92/EU M4 of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment M5, make the following Regulations.