Welsh Statutory Instrument
2016
United Kingdom
The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016
At a glance
What's here
2 compliance obligations
Who this Act binds
Plus 2 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
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 3 other sections in this Part — procedural / definitional / commencement
Part 2 — Screening
Browse 3 other sections in this Part — procedural / definitional / commencement
Part 3 — Procedures Concerning Applications for Planning Permission
Browse 6 other sections in this Part — procedural / definitional / commencement
Applications which appear to require screening opinion
Subsequent applications where environmental information previously provided
Subsequent applications where environmental information not previously provided
Application made to a local planning authority without an environmental statement
Application referred to the Welsh Ministers without an environmental statement
Appeal to the Welsh Ministers without an environmental statement
Part 4 — Preparation of Environmental Statements
Browse 3 other sections in this Part — procedural / definitional / commencement
Part 5 — Publicity and Procedures on Submission of Environmental Statements
Browse 7 other sections in this Part — procedural / definitional / commencement
Procedure where an environmental statement is submitted to a local planning authority
Publicity where an environmental statement is submitted after the planning application
Provision of copies of environmental statements and further information for the Welsh Ministers on referral or appeal
Procedure where an environmental statement is submitted to the Welsh Ministers
Availability of copies of environmental statements
Charges for copies of environmental statements
Further information and evidence in respect of environmental statements
Part 6 — Availability of Directions etc. and Notification of Decisions
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 7 — Development By a Local Planning Authority
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 8 — Applications for planning permission made to the Welsh Ministers
Browse 10 other sections in this Part — procedural / definitional / commencement
Application of Parts 2 to 7
Requests for screening directions of the Welsh Ministers
Applications made without an environmental statement
Scoping directions
Procedure to facilitate preparation of environmental statements
Procedure where an environmental statement is submitted to the Welsh Ministers
Publicity where an environmental statement is submitted after the planning application
Availability of copies of environmental statements
Availability of directions etc. for inspection
Duties to inform the public of final decisions
Part 9 — Restrictions of Grants of Permission
Browse 3 other sections in this Part — procedural / definitional / commencement
Part 10 — Unauthorised Development
Browse 12 other sections in this Part — procedural / definitional / commencement
Interpretation
Prohibition on the grant of planning permission for unauthorised EIA development
Screening opinions
Screening directions
Provision of information
Appeal to the Welsh Ministers without a screening opinion or screening direction
Appeal to the Welsh Ministers without an environmental statement
Procedure where an environmental statement is submitted to the Welsh Ministers
Further information and evidence respecting environmental statements
Publicity for environmental statements or further information
Public inspection of documents
Significant transboundary effects
Part 11 — ROMP Applications
Browse 1 other section in this Part — procedural / definitional / commencement
Part 12 — Development with Significant Transboundary Effects
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 13 — Miscellaneous
Browse 7 other sections in this Part — procedural / definitional / commencement
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
Revocation of statutory instruments and transitional provisions
Consequential amendments
Schedules
Local Development Orders
Other duties (1) — Crown / regulator
- Local planning authorities must follow specific EIA procedures for LDOs Local authority
Section 97 and 102 Orders under the 1990 Act
Other duties (1) — Crown / regulator
- Local Planning Authority must provide scoping opinions for EIA development Local authority
Browse 71 other Schedules — structural / supplementary
Descriptions of development for the purposes of the definition of “Schedule 1 development”
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” (“arwynebedd gwaith”)...
The table below sets out the descriptions of development and...
Selection criteria for screening Schedule 2 development
Characteristics of development
Location of development
Characteristics of the potential impact
Information for inclusion in environmental statements
Description of the development, including in particular—
The data required to identify and assess the main effects...
An outline of the main alternatives studied by the applicant...
A non-technical summary of the information provided under paragraphs 8...
An outline of the main alternatives studied by the applicant...
A description of the aspects of the environment likely to...
A description of the likely significant effects of the development...
A description of the measures envisaged to prevent, reduce and...
A non-technical summary of the information provided under paragraphs 1...
An indication of any difficulties (technical deficiencies or lack of...
A description of the development comprising information on the site,...
A description of the measures envisaged in order to avoid,...
In a case to which this Schedule has effect, these...
Regulation 23 is to be read as if paragraphs (1)...
Regulation 24 is to be read as if—
Regulation 53 is to be read as if—
Regulations 3, 5 to 12, 18 and 19 do not...
In regulation 4— (a) paragraph (2)(a) does not apply;
Regulation 13 is to be read as if it provided—...
Regulation 15 is to be read as if it provided—...
Regulation 16 is to be read as if it provided—...
Regulation 17 is to be read as if—
Regulation 20 is to be read as if it provided—...
Regulation 22 is to be read as if—
In this Schedule “initiating body” (“corff cychwyn”) means the local...
Regulation 18 is to be read as if it provided—...
Regulation 20 is to be read as if it provided—...
Regulation 22 must be read as if—
Regulation 23 is to be read as if paragraphs (1)...
Regulation 24 is to be read as if it provided—...
Regulation 53 is to be read as if—
In a case to which this Schedule has effect, these...
Regulations 3, 5 to 12 and 19 do not apply....
In regulation 4— (a) paragraph (2)(a) does not apply;
Regulation 13 is to be read as if it provided—...
Regulation 14 is to be read as if—
Regulation 15 is to be read as if it provided—...
Regulation 16 is to be read as if it provided—...
Regulation 17 is to be read as if—
ROMP Applications
Modification of provisions on prohibition of granting planning permission or subsequent consent
ROMP applications: duty to make a prohibition order after two years suspension of permission
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 Welsh Ministers without an environmental statement
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
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
Statutory instruments revoked
Consequential amendments
The Town and Country Planning (General Permitted Development) Order 1995
The Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999
The Environmental Impact Assessment (Forestry) (England and Wales) Regulations 1999
The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006
The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2007
The Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) 2009
The Town and Country Planning (Environmental Impact Assessment) Regulations 2011
The Town and Country Planning (Development Management Procedure) (Wales) Order 2012
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 61 other unclassified sections
Title, commencement and application
Interpretation
Prohibition on granting planning permission or subsequent consent without consideration of environmental information
General provisions relating to screening
Requests for screening opinions
Requests for screening directions of the Welsh Ministers
Applications which appear to require screening opinion
Subsequent applications where environmental information previously provided
Subsequent applications where environmental information not previously provided
Application made to a local planning authority without an environmental statement
Application referred to the Welsh Ministers without an environmental statement
Appeal to the Welsh Ministers without an environmental statement
Scoping opinions
Scoping directions
Procedure to facilitate preparation of environmental statements
Procedure where an environmental statement is submitted to a local planning authority
Publicity where an environmental statement is submitted after the planning application
Provision of copies of environmental statements and further information for the Welsh Ministers on referral or appeal
Procedure where an environmental statement is submitted to the Welsh Ministers
Availability of copies of environmental statements
Charges for copies of environmental statements
Further information and evidence in respect of environmental statements
Availability of opinions, directions etc. for inspection
Duties to inform the public and the Welsh Ministers of final decisions
Modifications where application by a local planning authority
Screening opinions and directions
Application of Parts 2 to 7
Requests for screening directions of the Welsh Ministers
Applications made without an environmental statement
Scoping directions
Procedure to facilitate preparation of environmental statements
Procedure where an environmental statement is submitted to the Welsh Ministers
Publicity where an environmental statement is submitted after the planning application
Availability of copies of environmental statements
Availability of directions etc. for inspection
Duties to inform the public of final decisions
New simplified planning zone schemes or enterprise zone orders
Local development orders
Section 97 orders and section 102 orders
Interpretation
Prohibition on the grant of planning permission for unauthorised EIA development
Screening opinions
Screening directions
Provision of information
Appeal to the Welsh Ministers without a screening opinion or screening direction
Appeal to the Welsh Ministers without an environmental statement
Procedure where an environmental statement is submitted to the Welsh Ministers
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
Development in Wales likely to have significant effects in an EEA State
Projects in an EEA State likely to have significant transboundary effects
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
Revocation of statutory instruments and transitional provisions
Consequential amendments
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