UK Statutory Instrument SI 2017 United Kingdom

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

Read it on legislation.gov.uk (opens in a new tab)
Status
In Force
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Applicant4 Any Person2 Operator1

Plus 22 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

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Applicant — also bound by 325 other Acts
Any Person — also bound by 2684 other Acts
Operator — also bound by 803 other Acts

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 5

Publicity and procedures on submission of environmental statements and decision making

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.025 Exceptions to requirements in relation to publication of notice, inspection of copies and availability of copies for the period from 24th December 2020 to 30th June 2021
Schedules

Schedules

1 of 44 shown
s.sch003 SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Consider environmental criteria when screening Schedule 2 developmentsLocal authority
43 other schedules
s.sch001 DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT” (opens in a new tab)
s.sch001 Descriptions of development
s.sch001 Waste disposal installations for the incineration or chemical treatment (as...
s.sch001 Groundwater abstraction or artificial groundwater recharge schemes where the annual...
s.sch001 (1) Works for the transfer of water resources, other than...
s.sch001 Waste water treatment plants with a capacity exceeding 150,000 population...
s.sch001 Extraction of petroleum and natural gas for commercial purposes where...
s.sch001 Dams and other installations designed for the holding back or...
s.sch001 Pipelines with a diameter of more than 800 millimetres and...
s.sch001 Installations for the intensive r earing of poultry or pigs...
s.sch001 Industrial plants for— (a) the production of pulp from timber...
s.sch001 Quarries and open‑cast mining where the surface of the site...
s.sch001 (1) Thermal power stations and other combustion installations with a...
s.sch001 Construction of overhead electrical power lines with a voltage of...
s.sch001 Installations for storage of petroleum, petrochemical or chemical products with...
s.sch001 Storage sites pursuant to Chapter 3 of Part 1 of...
s.sch001 Installations for the capture of carbon dioxide streams for the...
s.sch001 Any change to or extension of development listed in this...
s.sch001 (1) Installations for the reprocessing of irradiated nuclear fuel.
s.sch001 (1) Integrated works for the initial smelting of cast‑iron and...
s.sch001 Installations for the extraction of asbestos and for the processing...
s.sch001 Integrated chemical installations, that is to say, installations for the...
s.sch001 (1) Construction of lines for long‑distance railway traffic and of...
s.sch001 (1) Inland waterways and ports for inland‑waterway traffic which permit...
s.sch001 Waste disposal installations for the incineration, chemical treatment (as defined...
s.sch001 Interpretation
s.sch001 Descriptions of development
s.sch002 DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT” (opens in a new tab)
s.sch002 In the table below— “area of the works” includes any...
s.sch003 Characteristics of development
s.sch003 Location of development
s.sch003 Types and characteristics of the potential impact
s.sch004 INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS (opens in a new tab)
s.sch004 A description of the development, including in particular:
s.sch004 A reference list detailing the sources used for the descriptions...
s.sch004 A description of the reasonable alternatives (for example in terms...
s.sch004 A description of the relevant aspects of the current state...
s.sch004 A description of the factors specified in regulation 4(2) likely...
s.sch004 A description of the likely significant effects of the development...
s.sch004 A description of the forecasting methods or evidence, used to...
s.sch004 A description of the measures envisaged to avoid, prevent, reduce...
s.sch004 A description of the expected significant adverse effects of the...
s.sch004 A non-technical summary of the information provided under paragraphs 1...
s.006 Requests for screening opinions of the relevant planning authority Regulated
  • Provide specific information when requesting an EIA screening opinionAny Person
s.008 Applications which appear to require screening opinion Regulated
Other duties (1) — Crown / regulator
  • Local planning authorities must screen planning applications for environmental impactLocal authority
s.009 Subsequent applications where environmental information previously provided Regulated
Other duties (1) — Crown / regulator
  • Planning authority must assess existing environmental info for subsequent applicationsLocal authority
s.011 EIA applications made to a relevant planning authority without an environmental statement Regulated
  • Respond to planning authority notice regarding Environmental StatementsApplicant
s.013 Application referred to the Secretary of State without an environmental statement Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must notify you if an Environmental Statement is requiredCrown / Minister / Government department
s.016 Scoping directions of the Secretary of State Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must issue a scoping direction within 5 weeksCrown / Minister / Government department
s.017 Procedure to facilitate preparation of environmental statements Regulated
Other duties (1) — Crown / regulator
  • Planning authority must provide environmental information upon requestLocal authority
s.018 Environmental statements Regulated
  • Prepare and submit an Environmental Statement for EIA applicationsOperator
s.019 Procedure where an environmental statement is submitted to a local planning authority Regulated
  • Submit an extra copy of your Environmental Statement for the governmentApplicant
s.022 Procedure where an environmental statement is submitted to the Secretary of State Regulated
  • Submit copies of the environmental statement for planning appealsApplicant
s.026 Consideration of whether planning permission or subsequent consent should be granted Regulated
Other duties (1) — Crown / regulator
  • Planning authorities must follow strict rules when deciding on EIA developmentsLocal authority
s.028 Availability of opinions, directions etc for inspection Regulated
Other duties (1) — Crown / regulator
  • Local planning authorities must make EIA documents available for inspectionLocal authority
s.029 Information to accompany decisions Regulated
Other duties (1) — Crown / regulator
  • Authorities must provide detailed environmental information with planning decisionsCrown / Minister / Government department
s.030 Duty to inform the public and the Secretary of State of final decisions Regulated
Other duties (1) — Crown / regulator
  • Local authorities must publicise final EIA planning decisionsLocal authority
s.035 Duty to ensure objectives of the Directive are met Regulated
Other duties (1) — Crown / regulator
  • Planning authorities must ensure environmental impact rules are enforcedLocal authority
s.037 Screening opinions of the local planning authority Regulated
Other duties (1) — Crown / regulator
  • Local authority must adopt a screening opinion before enforcementLocal authority
s.038 Screening directions of the Secretary of State Regulated
  • Apply for a screening direction from the Secretary of StateAny Person
s.040 Appeal to the Secretary of State without a screening opinion or screening direction Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must issue screening directions for enforcement appealsCrown / Minister / Government department
s.042 Procedure where an environmental statement is submitted to the Secretary of State Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must notify authorities and parties of environmental statementsCrown / Minister / Government department
s.044 Publicity for environmental statements or further information Regulated
Other duties (1) — Crown / regulator
  • Local authority must publish notice of environmental statements for appealsLocal authority
s.045 Public inspection of documents Regulated
Other duties (1) — Crown / regulator
  • Local planning authority must provide public access to environmental documentsLocal authority
s.054 Suspension of minerals development Regulated
  • Stop mineral extraction if Environmental Statement deadlines are missedApplicant
s.057 ROMP applications: duty to make a prohibition order after two years suspension of permission Regulated
Other duties (1) — Crown / regulator
  • Local planning authority must prohibit mineral working after 2 years suspensionLocal authority
s.058 Development in England likely to have significant effects in an EEA State Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must coordinate with EEA States on cross-border impactsCrown / Minister / Government department
s.059 Projects in an EEA State likely to have significant transboundary effects Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must consult on projects in EEA states affecting EnglandCrown / Minister / Government department
s.064 Objectivity and bias Regulated
Other duties (1) — Crown / regulator
  • Authorities must ensure objectivity and separation of duties in EIA decisionsLocal authority
s.miscellaneous orders and notices made by the secre Miscellaneous orders and notices made by the Secretary of State Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must ensure Environmental Impact Assessments are completedCrown / Minister / Government department
s.other orders made by a local planning authority Other orders made by a local planning authority Regulated
Other duties (1) — Crown / regulator
  • Local authority must follow EIA procedures when modifying planning permissionLocal authority
53 other provisions
s.001 Citation, commencement and application
s.002 Interpretation
s.003 Prohibition on granting planning permission or subsequent consent for EIA development
s.004 Environmental impact assessment process
s.005 General provisions relating to screening
s.007 Requests for screening directions of the Secretary of State
s.010 Subsequent applications where environmental information not previously provided
s.012 EIA applications made directly to the Secretary of State without an environmental statement
s.014 Appeal to the Secretary of State without an environmental statement
s.015 Scoping opinions of the local planning authority
s.020 Publicity where an environmental statement is submitted after the planning application
s.021 Provision of copies of environmental statements, any other information and further information for the Secretary of State on referral or appeal
s.023 Availability of copies of environmental statements
s.024 Charges for copies of environmental statements
s.025 Further information and evidence respecting environmental statements
s.027 Co-ordination
s.031 New simplified planning zone schemes or enterprise zone orders
s.032 Local development orders
s.033 Neighbourhood development orders
s.034 Interpretation
s.036 Prohibition on the grant of planning permission for unauthorised EIA development
s.039 Provision of information
s.041 Appeal to the Secretary of State without an environmental statement
s.043 Further information and evidence respecting environmental statements
s.046 Significant transboundary effects
s.047 General application of the Regulations to ROMP applications
s.048 Modification of provisions on prohibition of granting planning permission or subsequent consent
s.049 Modification of provisions on application to local planning authority without an environmental statement
s.050 Disapplication of regulations and modifications of provisions on application referred to or appealed to the Secretary of State without an environmental statement
s.051 Substitution of references to section 78 right of appeal and modification of provisions on appeal to the Secretary of State without an environmental statement
s.052 Modification of provisions on preparation, publicity and procedures on submission of environmental statements
s.053 Modification of provisions on application to the High Court and giving of directions
s.055 Determination of conditions and right of appeal on non-determination
s.056 ROMP application by a mineral planning authority
s.060 Projects serving national defence purposes in Scotland
s.061 Projects serving national defence purposes in Wales
s.062 Projects serving national defence purposes in Northern Ireland
s.063 Exemptions
s.065 Service of notices etc
s.066 Application to the High Court
s.067 Hazardous waste and material change of use
s.068 Extension of the period for an authority's decision on a planning application
s.069 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
s.070 Application to the Crown
s.071 Review
s.072 Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015
s.073 Amendment of the Town and Country Planning (General Permitted Development) (England) Order 2015
s.074 Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013
s.075 Amendment of the Neighbourhood Planning (General) Regulations 2012
s.076 Revocation and transitional provisions
s.exceptions to requirements in relation to inspecti Exceptions to requirements in relation to inspection of copies and availability of copies for the period from 1st July 2021 to 31st December 2021
s.exceptions to requirements in relation to publicat Exceptions to requirements in relation to publication of notice, inspection of copies and availability of copies for the period from 24th December 2020 to 31st December 2021
s.exception to requirement to ensure availability of Exception to requirement to ensure availability of copies of environmental statements

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