Welsh Statutory Instrument
2017
United Kingdom
The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017
At a glance
Enforced by
What's here
18 compliance obligations
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Applicant 8
- Any Person 2
Plus 8 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 149 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 22 duties
- Value Added Tax Regulations 1995 1995 20 duties
- Human Medicines Regulations 2012 2012 20 duties
- Space Industry Regulations 2021 2021 12 duties
- Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 2017 10 duties
Any Person also bound by 770 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
- Licensing Act 2003 2003 78 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
General provisions relating to screening
- Provide environment information for screening decisions Any Person
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 3 — Procedures Concerning Applications for Planning Permission and Subsequent Applications
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
Provision of copies of environmental statements and further information for the Welsh Ministers on referral or appeal
- Provide environmental statements to Welsh Ministers on appeal or referral Applicant
Procedure where an environmental statement is submitted to the Welsh Ministers
- Submit Environmental Statements in both electronic and paper formats Applicant
Further information and evidence in respect of environmental statements
- Provide additional environmental information upon request Applicant
Browse 6 other sections in this Part — procedural / definitional / commencement
Environmental statements
Procedure where an environmental statement is submitted to a local planning authority or specified person
Publicity where an environmental statement is submitted after the planning application or subsequent application
Availability of copies of environmental statements
Charges for copies of environmental statements
Consideration of whether planning permission , infrastructure consent or subsequent consent should be granted
Part 6
Browse 1 other section in this Part — procedural / definitional / commencement
Part 7 — Availability of Directions etc. and Notification of Decisions
Availability of opinions, directions etc. for inspection
Other duties (1) — Crown / regulator
- Planning authorities must make environmental impact documents public Local authority
Browse 2 other sections in this Part — procedural / definitional / commencement
Part 8 — Applications for planning permission or infrastructure consent made to the Welsh Ministers
Scoping directions
Other duties (1) — Crown / regulator
- Welsh Ministers must provide a scoping direction within 8 weeks Crown / Minister / Government department
Procedure to facilitate preparation of environmental statements
Other duties (1) — Crown / regulator
- Welsh Ministers must notify relevant parties to facilitate environmental reports Crown / Minister / Government department
Availability of copies of environmental statements
- Provide copies of your environmental statement to the public Applicant
Browse 5 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
Publicity where an environmental statement is submitted after the planning application or application for infrastructure consent
Availability of directions etc. for inspection
Part 9 — Restrictions of Grants of Permission
Local development orders
Other duties (1) — Crown / regulator
- Local planning authorities must conduct environmental screenings for LDOs Local authority
Browse 3 other sections in this Part — procedural / definitional / commencement
Part 10 — Unauthorised Development
Duty to ensure objectives of the Directive are met
Other duties (1) — Crown / regulator
- Planning authorities must enforce Environmental Impact Assessment compliance Local authority
Screening directions
- Apply to Welsh Ministers for a screening direction Any Person
Provision of information
Other duties (1) — Crown / regulator
- Local authorities and consultees must provide environmental information on request Local authority
Appeal to the Welsh Ministers without a screening opinion or screening direction
- Provide additional information for screening directions during planning appeals Applicant
Appeal to the Welsh Ministers without an environmental statement
- Submit an environmental statement for planning enforcement appeals Applicant
Procedure where an environmental statement is submitted to the Welsh Ministers
Other duties (1) — Crown / regulator
- Welsh Ministers must notify parties when an environmental statement is received Crown / Minister / Government department
Further information and evidence respecting environmental statements
- Provide additional environmental information within the specified deadline Applicant
Browse 6 other sections in this Part — procedural / definitional / commencement
Part 11 — ROMP Applications
Browse 1 other section in this Part — procedural / definitional / commencement
Part 12 — Development with Significant Transboundary Effects
Development in Wales likely to have significant effects in an EEA State
Other duties (1) — Crown / regulator
- Welsh Ministers must consult EEA States on transboundary environmental impacts Crown / Minister / Government department
Browse 1 other section in this Part — procedural / definitional / commencement
Part 13 — Miscellaneous
Browse 9 other sections in this Part — procedural / definitional / commencement
Objectivity and bias
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
Amendment of other instruments
Revocation, saving and transitional provisions
Consequential amendments
Schedules
Functions under Section 141 of the 1990 Act
- Confirm in writing if you will provide an Environmental Statement Applicant
Browse 109 other Schedules — structural / supplementary
Descriptions of development for the purposes of the definition of “Schedule 1 development”
Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil)...
Waste disposal installations for the incineration or chemical treatment (as...
Groundwater abstraction or artificial groundwater recharge schemes where the annual...
(a) Works for the transfer of water resources, other...
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 rearing of poultry or pigs with...
Industrial plants for— (a) the production of pulp from timber...
Quarries and open-cast mining where the surface of the site...
(a) Thermal power stations and other combustion installations with...
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...
(a) Installations for the reprocessing of irradiated nuclear fuel;...
(a) Integrated works for the initial smelting of cast-iron...
Installations for the extraction of asbestos and for the processing...
Integrated chemical installations, that is to say, installations for the...
(a) Construction of lines for long-distance railway traffic and...
(a) Inland waterways and ports for inland-waterway traffic which...
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” (“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
Types and characteristics of the potential impact
Information for inclusion in environmental statements
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...
Local Development Orders
In a case to which this Schedule has effect, these...
Regulation 19 is to be read as if—
Regulation 22 is to be read as if it provided—...
Regulation 24 is to be read as if—
Regulation 25 is to be read as if in paragraph...
Regulation 27 is to be read as if paragraphs (1)...
Regulation 28 is to be read as if paragraph (1)...
Regulation 29 is to be read as if—
Regulation 56 is to be read as if—
Regulations 3, 9, 10, 12, 13, 20 and 21 do...
In regulation 5— (a) paragraph (2)(a) does not apply;
Regulation 11 applies as if references to—
Regulation 14 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 18 is to be read as if it provided—...
Notices of unauthorised development, orders made under section 90 of the 2024 Act, and section 97 and 102 Orders under the 1990 Act
In a case to which this Schedule has effect, these...
Regulation 17 is to be read as if—
Regulation 18 is to be read as if it provided—...
Regulation 19 is to be read as if—
Regulation 20 is to be read as if it provided—...
Regulation 22 is to be read as if it provided—...
Regulation 24 must be read as if—
Regulation 25(1) is to be read as if—
Regulation 27 is to be read as if it read—...
Regulation 28 is to be read as if paragraph (1)...
Regulation 29 is to be read as if it provided—...
Regulations 3, 7(2), 9, 10, 12(1), (2) and (8), 13...
Regulation 56 is to be read as if—
In this Schedule and in the application of these Regulations...
Regulation 5 is to be read as if—
Regulations 8, 11 and 12(3) to (8) apply as if...
Regulation 12(8) is to be read as if “by refusing...
Regulation 14 and its heading are to be read as...
Regulation 15 is to be read as if it provided—...
Regulation 16 is to be read as if it provided—...
In a case to which this Schedule has effect, these...
Regulations 3, 7(2), 8 to 13, 18 and 21 do...
In this Schedule and in the application of other regulations...
(1) Where, on consideration of a purchase notice it appears...
Where it appears to the Welsh Ministers that the relevant...
(1) Where the applicant proposes to submit an environmental statement,...
Where— (a) a notification has been given under paragraph 6(3),...
Where it appears to the Welsh Ministers that the environmental...
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
Amendments to other instruments
The Town and Country Planning (Development Management Procedure) (Wales) Order 2012
Developments of National Significance (Procedure) (Wales) Order 2016
Consequential amendments
The Town and Country Planning (General Permitted Development) Order 1995
The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999
The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006
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 66 other unclassified sections
Title, commencement and application
Interpretation
Prohibition on granting planning permission , infrastructure consent or subsequent consent without environmental impact assessment
Environmental impact assessment
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
Environmental statements
Procedure where an environmental statement is submitted to a local planning authority or specified person
Publicity where an environmental statement is submitted after the planning application or subsequent 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
Consideration of whether planning permission , infrastructure consent or subsequent consent should be granted
Coordination of assessments
Availability of opinions, directions etc. for inspection
Information to accompany decisions
Duties to inform the public and the Welsh Ministers of final decisions
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
Publicity where an environmental statement is submitted after the planning application or application for infrastructure consent
Availability of copies of environmental statements
Availability of directions etc. for inspection
New simplified planning zone schemes or enterprise zone orders
Local development orders
Notices of unauthorised development, orders under section 90 of the 2024 Act, section 97 orders and section 102 orders
Action under section 141 of the 1990 Act
Interpretation of this Part
Duty to ensure objectives of the Directive are met
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
Objectivity and bias
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
Amendment of other instruments
Revocation, saving and transitional provisions
Consequential amendments
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
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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