UK Statutory Instrument
2017
United Kingdom
The Town and Country Planning (Environmental Impact Assessment) Regulations 2017
At a glance
Enforced by
What's here
29 compliance obligations
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Applicant 4
- Any Person 2
- Operator 1
Plus 22 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Applicants also bound by 146 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 22 duties
- Human Medicines Regulations 2012 2012 20 duties
- Value Added Tax Regulations 1995 1995 20 duties
- Space Industry Regulations 2021 2021 12 duties
- Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 2017 10 duties
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Operators also bound by 125 other Acts (top 5 shown)
- Space Industry Regulations 2021 2021 71 duties
- Payment Services Regulations 2017 2017 41 duties
- Air Navigation Order 2016 2016 34 duties
- The Quarries Regulations 1999 1999 31 duties
- Reservoirs Act (Northern Ireland) 2015 2015 22 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — General
Browse 4 other sections in this Part — procedural / definitional / commencement
Part 2 — Screening
Requests for screening opinions of the relevant planning authority
- Provide specific information when requesting an EIA screening opinion Any Person
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 3 — Procedures relating to applications for planning permission
Applications which appear to require screening opinion
Other duties (1) — Crown / regulator
- Local planning authorities must screen planning applications for environmental impact Local authority
Subsequent applications where environmental information previously provided
Other duties (1) — Crown / regulator
- Planning authority must assess existing environmental info for subsequent applications Local authority
EIA applications made to a relevant planning authority without an environmental statement
- Respond to planning authority notice regarding Environmental Statements Applicant
Application referred to the Secretary of State without an environmental statement
Other duties (1) — Crown / regulator
- Secretary of State must notify you if an Environmental Statement is required Crown / Minister / Government department
Browse 3 other sections in this Part — procedural / definitional / commencement
Part 4 — Preparation of environmental statements
Scoping directions of the Secretary of State
Other duties (1) — Crown / regulator
- Secretary of State must issue a scoping direction within 5 weeks Crown / Minister / Government department
Procedure to facilitate preparation of environmental statements
Other duties (1) — Crown / regulator
- Planning authority must provide environmental information upon request Local authority
Browse 1 other section in this Part — procedural / definitional / commencement
Part 5 — Publicity and procedures on submission of environmental statements and decision making
Environmental statements
- Prepare and submit an Environmental Statement for EIA applications Operator
Procedure where an environmental statement is submitted to a local planning authority
- Submit an extra copy of your Environmental Statement for the government Applicant
Procedure where an environmental statement is submitted to the Secretary of State
- Submit copies of the environmental statement for planning appeals Applicant
Consideration of whether planning permission or subsequent consent should be granted
Other duties (1) — Crown / regulator
- Planning authorities must follow strict rules when deciding on EIA developments Local authority
Browse 10 other sections in this Part — procedural / definitional / commencement
Publicity where an environmental statement is submitted after the planning application
Provision of copies of environmental statements, any other information and further information for the Secretary of State on referral or appeal
Availability of copies of environmental statements
Charges for copies of environmental statements
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
Further information and evidence respecting environmental statements
Co-ordination
Exceptions to requirements in relation to inspection of copies and availability of copies for the period from 1st July 2021 to 31st December 2021
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
Exception to requirement to ensure availability of copies of environmental statements
Part 6 — Availability of directions etc and notification of decisions
Availability of opinions, directions etc for inspection
Other duties (1) — Crown / regulator
- Local planning authorities must make EIA documents available for inspection Local authority
Information to accompany decisions
Other duties (1) — Crown / regulator
- Authorities must provide detailed environmental information with planning decisions Crown / Minister / Government department
Duty to inform the public and the Secretary of State of final decisions
Other duties (1) — Crown / regulator
- Local authorities must publicise final EIA planning decisions Local authority
Part 7 — Restrictions of grants of permission
Miscellaneous orders and notices made by the Secretary of State
Other duties (1) — Crown / regulator
- Secretary of State must ensure Environmental Impact Assessments are completed Crown / Minister / Government department
Other orders made by a local planning authority
Other duties (1) — Crown / regulator
- Local authority must follow EIA procedures when modifying planning permission Local authority
Browse 3 other sections in this Part — procedural / definitional / commencement
Part 8 — Unauthorised development
Duty to ensure objectives of the Directive are met
Other duties (1) — Crown / regulator
- Planning authorities must ensure environmental impact rules are enforced Local authority
Screening opinions of the local planning authority
Other duties (1) — Crown / regulator
- Local authority must adopt a screening opinion before enforcement Local authority
Screening directions of the Secretary of State
- Apply for a screening direction from the Secretary of State Any Person
Appeal to the Secretary of State without a screening opinion or screening direction
Other duties (1) — Crown / regulator
- Secretary of State must issue screening directions for enforcement appeals Crown / Minister / Government department
Procedure where an environmental statement is submitted to the Secretary of State
Other duties (1) — Crown / regulator
- Secretary of State must notify authorities and parties of environmental statements Crown / Minister / Government department
Publicity for environmental statements or further information
Other duties (1) — Crown / regulator
- Local authority must publish notice of environmental statements for appeals Local authority
Public inspection of documents
Other duties (1) — Crown / regulator
- Local planning authority must provide public access to environmental documents Local authority
Browse 6 other sections in this Part — procedural / definitional / commencement
Interpretation
Prohibition on the grant of planning permission for unauthorised EIA development
Provision of information
Appeal to the Secretary of State without an environmental statement
Further information and evidence respecting environmental statements
Significant transboundary effects
Part 9 — ROMP Applications
Suspension of minerals development
- Stop mineral extraction if Environmental Statement deadlines are missed Applicant
ROMP applications: duty to make a prohibition order after two years suspension of permission
Other duties (1) — Crown / regulator
- Local planning authority must prohibit mineral working after 2 years suspension Local authority
Browse 9 other sections in this Part — procedural / definitional / commencement
General application of the Regulations to ROMP applications
Modification of provisions on prohibition of granting planning permission or subsequent consent
Modification of provisions on application to local planning authority without an environmental statement
Disapplication of regulations and modifications of provisions on application referred to or appealed to the Secretary of State without an environmental statement
Substitution of references to section 78 right of appeal and modification of provisions on appeal to the Secretary of State without an environmental statement
Modification of provisions on preparation, publicity and procedures on submission of environmental statements
Modification of provisions on application to the High Court and giving of directions
Determination of conditions and right of appeal on non-determination
ROMP application by a mineral planning authority
Part 10 — Development with significant transboundary effects
Development in England likely to have significant effects in an EEA State
Other duties (1) — Crown / regulator
- Secretary of State must coordinate with EEA States on cross-border impacts Crown / Minister / Government department
Projects in an EEA State likely to have significant transboundary effects
Other duties (1) — Crown / regulator
- Secretary of State must consult on projects in EEA states affecting England Crown / Minister / Government department
Part 11 — Exemptions
Browse 4 other sections in this Part — procedural / definitional / commencement
Part 12 — Miscellaneous
Objectivity and bias
Other duties (1) — Crown / regulator
- Authorities must ensure objectivity and separation of duties in EIA decisions Local authority
Browse 12 other sections in this Part — procedural / definitional / commencement
Service of notices etc
Application to the High Court
Hazardous waste and material change of use
Extension of the period for an authority's decision on a planning application
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
Application to the Crown
Review
Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015
Amendment of the Town and Country Planning (General Permitted Development) (England) Order 2015
Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013
Amendment of the Neighbourhood Planning (General) Regulations 2012
Revocation and transitional provisions
Schedules
SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT
Other duties (1) — Crown / regulator
- Consider environmental criteria when screening Schedule 2 developments Local authority
Browse 43 other Schedules — structural / supplementary
DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”
Descriptions of development
Waste disposal installations for the incineration or chemical treatment (as...
Groundwater abstraction or artificial groundwater recharge schemes where the annual...
(1) Works for the transfer of water resources, other than...
Waste water treatment plants with a capacity exceeding 150,000 population...
Extraction of petroleum and natural gas for commercial purposes where...
Dams and other installations designed for the holding back or...
Pipelines with a diameter of more than 800 millimetres and...
Installations for the intensive r earing of poultry or pigs...
Industrial plants for— (a) the production of pulp from timber...
Quarries and open‑cast mining where the surface of the site...
(1) Thermal power stations and other combustion installations with a...
Construction of overhead electrical power lines with a voltage of...
Installations for storage of petroleum, petrochemical or chemical products with...
Storage sites pursuant to Chapter 3 of Part 1 of...
Installations for the capture of carbon dioxide streams for the...
Any change to or extension of development listed in this...
(1) Installations for the reprocessing of irradiated nuclear fuel.
(1) Integrated works for the initial smelting of cast‑iron and...
Installations for the extraction of asbestos and for the processing...
Integrated chemical installations, that is to say, installations for the...
(1) Construction of lines for long‑distance railway traffic and of...
(1) Inland waterways and ports for inland‑waterway traffic which permit...
Waste disposal installations for the incineration, chemical treatment (as defined...
Interpretation
Descriptions of development
DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”
In the table below— “area of the works” includes any...
Characteristics of development
Location of development
Types and characteristics of the potential impact
INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS
A description of the development, including in particular:
A reference list detailing the sources used for the descriptions...
A description of the reasonable alternatives (for example in terms...
A description of the relevant aspects of the current state...
A description of the factors specified in regulation 4(2) likely...
A description of the likely significant effects of the development...
A description of the forecasting methods or evidence, used to...
A description of the measures envisaged to avoid, prevent, reduce...
A description of the expected significant adverse effects of the...
A non-technical summary of the information provided under paragraphs 1...
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Browse 81 other unclassified sections
Citation, commencement and application
Interpretation
Prohibition on granting planning permission or subsequent consent for EIA development
Environmental impact assessment process
General provisions relating to screening
Requests for screening opinions of the relevant planning authority
Requests for screening directions of the Secretary of State
Applications which appear to require screening opinion
Subsequent applications where environmental information previously provided
Subsequent applications where environmental information not previously provided
EIA applications made to a relevant planning authority without an environmental statement
EIA applications made directly to the Secretary of State without an environmental statement
Application referred to the Secretary of State without an environmental statement
Appeal to the Secretary of State without an environmental statement
Scoping opinions of the local planning authority
Scoping directions of the Secretary of State
Procedure to facilitate preparation of environmental statements
Environmental statements
Procedure where an environmental statement is submitted to a local planning authority
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
Publicity where an environmental statement is submitted after the planning application
Provision of copies of environmental statements, any other information and further information for the Secretary of State on referral or appeal
Procedure where an environmental statement is submitted to the Secretary of State
Availability of copies of environmental statements
Exception to requirement to ensure availability of copies of environmental statements
Charges for copies of environmental statements
Further information and evidence respecting environmental statements
Exceptions to requirements in relation to inspection of copies and availability of copies for the period from 1st July 2021 to 31st December 2021
Consideration of whether planning permission or subsequent consent should be granted
Co-ordination
Availability of opinions, directions etc for inspection
Information to accompany decisions
Duty to inform the public and the Secretary of State of final decisions
New simplified planning zone schemes or enterprise zone orders
Local development orders
Neighbourhood development orders
Other orders made by a local planning authority
Miscellaneous orders and notices made by the Secretary of State
Interpretation
Duty to ensure objectives of the Directive are met
Prohibition on the grant of planning permission for unauthorised EIA development
Screening opinions of the local planning authority
Screening directions of the Secretary of State
Provision of information
Appeal to the Secretary of State without a screening opinion or screening direction
Appeal to the Secretary of State without an environmental statement
Procedure where an environmental statement is submitted to the Secretary of State
Further information and evidence respecting environmental statements
Publicity for environmental statements or further information
Public inspection of documents
Significant transboundary effects
General application of the Regulations to ROMP applications
Modification of provisions on prohibition of granting planning permission or subsequent consent
Modification of provisions on application to local planning authority without an environmental statement
Disapplication of regulations and modifications of provisions on application referred to or appealed to the Secretary of State without an environmental statement
Substitution of references to section 78 right of appeal and modification of provisions on appeal to the Secretary of State without an environmental statement
Modification of provisions on preparation, publicity and procedures on submission of environmental statements
Modification of provisions on application to the High Court and giving of directions
Suspension of minerals development
Determination of conditions and right of appeal on non-determination
ROMP application by a mineral planning authority
ROMP applications: duty to make a prohibition order after two years suspension of permission
Development in England likely to have significant effects in an EEA State
Projects in an EEA State likely to have significant transboundary effects
Projects serving national defence purposes in Scotland
Projects serving national defence purposes in Wales
Projects serving national defence purposes in Northern Ireland
Exemptions
Objectivity and bias
Service of notices etc
Application to the High Court
Hazardous waste and material change of use
Extension of the period for an authority's decision on a planning application
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
Application to the Crown
Review
Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015
Amendment of the Town and Country Planning (General Permitted Development) (England) Order 2015
Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013
Amendment of the Neighbourhood Planning (General) Regulations 2012
Revocation and transitional provisions
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Environment Agency
PrimaryEnvironmental protection in England. Regulates waste, emissions, water quality, flood risk, and environmental permits for industrial activities. Enforces environmental law and issues …
The Planning Inspectorate
Examines applications for Nationally Significant Infrastructure Projects (NSIPs) under the Planning Act 2008, including large offshore wind farms, power stations, and transmission …
Department for Environment, Food and Rural Affairs
Government department responsible for environmental protection, food production and standards, agriculture, fisheries, and rural communities. Sets environmental policy and works with agencies …
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