The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (revoked)

PART 8E+WRestrictions of Grants of Permission

Old simplified planning zone schemes or enterprise ordersE+W

27.—(1) Any—

(a)adoption or approval of a simplified planning zone scheme M1;

(b)order designating an enterprise zone M2; or

(c)approval of a modified scheme in relation to an enterprise zone,

which has effect immediately before the commencement of these Regulations to grant planning permission shall, on and after that date, cease to have effect to grant planning permission for Schedule 1 development, and cease to have effect to grant planning permission for Schedule 2 development unless either:

(i)the relevant planning authority has adopted a screening opinion; or

(ii)the Secretary of State has made a screening direction,

to the effect that the particular proposed development is not EIA development.

(2) Paragraph (1) shall not affect the completion of any development begun before the commencement of these Regulations.

New simplified planning zone schemes or enterprise zone ordersE+W

28.  No—

(a)adoption or approval of a simplified planning zone scheme;

(b)order designating an enterprise zone made; or

(c)modified scheme in relation to an enterprise zone approved,

after the commencement of these Regulations shall:

(i)grant planning permission for EIA development; or

(ii)grant planning permission for Schedule 2 development unless that grant is made subject to the prior adoption of a screening opinion or prior making of a screening direction that the particular proposed development is not EIA development.

Local development ordersE+W

29.—(1) This regulation applies in relation to Schedule 2 development for which a local planning authority propose to grant planning permission by local development order.

(2) Where this regulation applies, the local planning authority shall not make a local development order unless they have adopted a screening opinion or the Secretary of State has made a screening direction.

(3) Paragraphs (4) to (6) apply where—

(a)the local planning authority adopts a screening opinion; or

(b)the Secretary of State makes a screening direction under these Regulations,

to the effect that the development is EIA development.

(4) The local planning authority shall not make a local development order which would grant planning permission for EIA development unless—

(a)an environmental statement has been prepared in relation to that development; and

(b)the authority has first taken the environmental information into consideration, and they state in their decision that they have done so.

(5) In a case to which this regulation shall have effect these Regulations shall apply subject to the following modifications—

(a)regulations 3, 5 to 12, 15, 18 and 19 shall not apply;

(b)in regulation 4—

(i)paragraph (2)(a) shall not apply;

(ii)in paragraph (2)(b) for “relevant” substitute “ local ”;

(iii)in paragraph (4)(b) for “relevant” substitute “ local ”; and

(iv)in paragraph (10) for “relevant” substitute “ local ”;

(c)for regulation 13(1) substitute—

“(1) Where a proposed local development order is EIA development, the local planning authority shall state in writing its opinion as to the information to be provided in the environmental statement (“a scoping opinion”).”

(d)in regulation 14(1)(a) and (3) for “relevant” substitute “ local ”;

(e)for regulation 16 substitute—

“Procedure where an environmental statement is prepared in relation to a local development order

16.—(1) Where a statement, referred to as an “environmental statement” for the purposes of these Regulations, has been prepared in relation to EIA development for which a local planning authority proposes to grant planning permission by a local development order, the local planning authority shall—

(a)send to the Secretary of State 1 copy of the statement;

(b)send a copy of the statement to the consultation bodies and inform them that they may make representations; and

(c)notify any particular person of whom the authority are aware, who is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, of an address in the locality in which the land is situated where a copy of the statement may be obtained and the address to which representations may be sent.

(2) The local planning authority shall not make the local development order until the expiry of 14 days from the last date on which a copy of the statement was served in accordance with this regulation.”;

(f)in regulation 17—

(i)omit paragraph (1);

(ii)for paragraph (2) substitute—

“(2) The local planning authority shall publish in a local newspaper circulating in the locality in which the land is situated a notice stating—

(a)the name and address of the local planning authority;

(b)the address or location and the nature of the development referred to in the proposed local development order;

(c)that a copy of the draft local development order and of any plan or other documents accompanying it together with a copy of the environmental statement may be inspected by members of the public at all reasonable hours;

(d)an address in the locality in which the land is situated at which those documents may be inspected, and the latest date on which they will be available for inspection (being a date not less than 21 days later than the date on which the notice is published);

(e)an address (whether or not the same as that given under sub-paragraph (d)) in the locality in which the land is situated at which copies of the statement may be obtained;

(f)that copies may be obtained there so long as stocks last;

(g)if a charge is to be made for a copy, the amount of the charge; and

(h)that any person wishing to make representations about the local development order should make them in writing, before the date specified in accordance with sub-paragraph (d), to the local planning authority.”;

(iii)in paragraph (4), for “applicant” substitute “ local planning authority ”.

(iv)omit paragraphs (6) to (9);

(g)for regulation 20 substitute—

“Availability of copies of environmental statements

20.  The local planning authority shall ensure that a reasonable number of copies of the statement referred to as the environmental statement prepared in relation to EIA development for which the authority propose to grant planning permission by a local development order are available at—

(a)their principal office during normal office hours; and

(b)at such other places within their area as they consider appropriate.”;

(h)in regulation 22—

(i)for paragraph (1) substitute—

“(1) Where an environmental statement has been submitted and the local planning authority is of the opinion that the statement should contain additional information in order to be an environmental statement, the local planning authority shall ensure that additional information is provided and such information provided is referred to in these Regulations as “further information””;

(ii)for paragraph (3) substitute—

“(3) The local planning authority shall publish in a local newspaper circulating in the locality in which the land is situated a notice stating—

(a)the name and address of the local planning authority;

(b)the address or location and the nature of the development referred to in the proposed local development order;

(c)that further information is available in relation to an environmental statement which has already been provided;

(d)that a copy of the further information may be inspected by members of the public at all reasonable hours;

(e)an address in the locality in which the land is situated at which the further information may be inspected, and the latest date on which it will be available for inspection (being a date not less than 21 days later than the date on which the notice is published);

(f)an address (whether or not the same as that given under sub-paragraph (e)) in the locality in which the land is situated at which copies of the further information may be obtained;

(g)that copies may be obtained there so long as stocks last;

(h)if a charge is to be made for a copy, the amount of the charge;

(i)that any person wishing to make representations about the further information should make them in writing, before the date specified in accordance with sub-paragraph (e), to the local planning authority;

(j)the address to which representations should be sent.”;

(iii)for paragraph (4) substitute—

“(4) The local planning authority shall send a copy of the further information to each person to whom, in accordance with the Regulations, the statement to which it relates was sent and to the Secretary of State.”;

(iv)omit paragraphs (5) and (6);

(v)for paragraph (7) substitute—

“(7) Where information is provided under paragraph (1) the local planning authority shall not make the local development order before the expiry of 14 days after the date on which the further information was sent to all persons to whom the statement which it relates was sent or the expiry of 21 days after the date that notice of it was published in a local newspaper, whichever is the later.”;

(vi)in paragraph (8)—

(aa)for “The applicant or appellant who provides further information or any other information in accordance with paragraph (1)” substitute “ The local planning authority ”; and

(bb)after “number of copies of the” insert “ further or other ”;

(vii)for paragraph (10) substitute—

“(10) The local planning authority may in writing require the applicant or appellant to provide such evidence as they may reasonably call for to verify any information in the environmental statement.”;

(i)in regulation 23—

(i)for paragraph (1) substitute—

“(1) Where particulars of a draft local development order are placed on Part 3 of the register, the local planning authority shall take steps to secure that there is also placed on that Part a copy of any relevant—

(a)scoping opinion;

(b)screening opinion;

(c)screening direction;

(d)direction under regulation 4(4);

(e)the statement referred to as the environmental statement including any further information;

(f)statement of reasons accompanying any of the above.”;

(ii)omit paragraph (2);

(j)in regulation 24—

(i)in paragraph (1) for “Where an EIA application is determined by a local planning authority” substitute “ Where a local planning authority make a local development order granting permission for development which constitutes EIA development ”; and

(ii)omit paragraphs (2) and (3); and

(k)in regulation 53—

(i)in paragraph (1) for sub-paragraph (a) substitute—

“(a)it comes to the attention of the Secretary of State that EIA development proposed to be carried out in England for which a local planning authority propose to grant planning permission by a local development order is likely to have significant effects on the environment in another EEA state; or”; and

(ii)in paragraphs (3) and (6) for “application” substitute “ proposed local development order ”.

(6) In paragraphs (6)(a), (6)(b)(i), and (c)(i) and paragraph (10) of article 34 of the Order after “local development order” insert “ , the environmental statement ” in each place where the words occur.

[F1Neighbourhood development ordersE+W

29A.—(1) This regulation applies to Schedule 2 development for which an order proposal is submitted under paragraph 1 of Schedule 4B to the Act.

(2) Paragraphs (3) and (4) apply where—

(a)the local planning authority adopt a screening opinion; or

(b)the Secretary of State makes a screening direction under these Regulations,

to the effect that the development is Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location.

(3) No referendum may be held under paragraph 12(4) of Schedule 4B to the Act on the making of a neighbourhood development order which would grant planning permission for Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location unless—

(a)an environmental statement has been prepared in relation to that development;

(b)the local planning authority are satisfied that the basic condition prescribed by paragraph 2 of Schedule 3 to the Neighbourhood Planning (General) Regulations 2012 is met; and

(c)the local planning authority have first taken the environmental information into consideration, and have stated in their decision that they have done so.

(4) In a case to which this regulation applies these Regulations have effect subject to the following modifications—

(a)regulation 3 shall not apply;

(b)in regulation 4—

(i)for sub-paragraph (2)(a), substitute—

“(a)the submission by a qualifying body in relation to that development of a statement referred to by the qualifying body as an environmental statement for the purposes of these Regulations; or”; and

(ii)in sub-paragraph (7)(b), for “person” substitute “ qualifying body ”.

(c)in regulation 5—

(i)for paragraph (1), substitute—

“(1) A qualifying body which is minded to submit an order proposal may request the relevant local planning authority to adopt a screening opinion.”;

(ii)in paragraph (2)—

(aa)for “in relation to an application for planning permission” substitute “ by a qualifying body ”; and

(bb)for “person” substitute “ qualifying body ”;

(iii)paragraph (3) shall not apply; and

(iv)in paragraphs (4) to (8) for each reference to “person” substitute “ qualifying body ”;

(d)in regulation 6 for each reference to “person” substitute “ qualifying body ”;

(e)in regulation 7—

(i)for paragraph (a) substitute—

“(a)an order proposal which has been submitted to them under paragraph 1 of Schedule 4B to the Act relates to Schedule 2 development; and”;

(ii)in paragraph (c)—

(aa)for “application” substitute “ order proposal ”; and

(bb)for “applicant” substitute “ qualifying body ”; and

(iii)for “or lodging of the application” substitute “ of the order proposal ”;

(f)regulations 8 and 9 shall not apply;

(g)in regulation 10—

(i)for paragraph (1) substitute—

“(1) Where—

(a)a qualifying body submits an order proposal which is not accompanied by a statement referred to by the qualifying body as an environmental statement for the purposes of these Regulations; and

(b)the relevant planning authority is of the view that the development is Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location,

the authority shall notify the qualifying body in writing that the submission of an environmental statement is required.”;

(ii)in paragraph (2)—

(aa)for “application” substitute “ order proposal ”; and

(bb)for “applicant” substitute “ qualifying body ”;

(iii)in paragraph (3)—

(aa)for each reference to “applicant” substitute “ qualifying body ”; and

(bb)for “application” substitute “ order proposal ”;

(iv)for paragraphs (4) to (7) substitute—

“(4) A qualifying body receiving a notification pursuant to paragraph (1) may, within 3 weeks beginning with the date of the notification, write to the relevant planning authority stating—

(a)that it accepts their view and is providing an environmental statement; or

(b)unless the condition referred to in paragraph (5) is satisfied, that it is writing to the Secretary of State to request a screening direction.

(5) For the purpose of paragraph (4)(b) the condition is that the Secretary of State has made a screening direction in respect of the development.

(6) If the qualifying body does not write to the authority in accordance with paragraph (4), unless the condition referred to in paragraph (7) is satisfied, at the end of the 3 week period the relevant planning authority must decline to consider the order proposal.

(7) For the purpose of paragraph (6) the condition is that the Secretary of State has made a screening direction to the effect that the development is not EIA development.”;

(v)in paragraph (8) for “determine the relevant application only by refusing planning permission or subsequent consent” substitute “ decline to consider the order proposal ”; and

(vi)in paragraph (9)—

(aa)for “person” substitute “ qualifying body ”;

(bb)for “applicant” substitute “ qualifying body ”;

(cc)for each reference to “application” substitute “ order proposal ”;

(dd)sub-paragraphs (d) and (e) shall not apply;

(h)regulations 11 and 12 shall not apply;

(i)in regulation 13—

(i)for paragraphs (1) and (2) substitute—

“13.—(1) A qualifying body which is minded to submit an order proposal in respect of Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its size, nature or location may ask the relevant planning authority to state in writing their opinion as to the information to be provided in the environmental statement (“a scoping opinion”).

(2) A request under paragraph (1) shall include—

(a)a plan sufficient to identify the land;

(b)a brief description of the nature and purpose of the development and of its possible effects on the environment; and

(c)such other information or representations as the qualifying body may wish to provide or make.”;

(ii)for each reference to “person” substitute “ qualifying body ”; and

(iii)for paragraph (9) substitute—

“(9) An authority which have adopted a scoping opinion in response to a request under paragraph (1) shall not be precluded from requiring additional information from the qualifying body in connection with any statement that may be submitted as an environmental statement in connection with any order proposal that relates to the same development as was referred to in the request.”;

(j)in regulation 14—

(i)for each reference to “person” substitute “ qualifying body ”; and

(ii)for paragraph (6) substitute—

“(6) Neither the Secretary of State who has made a scoping direction in response to a request under paragraph (1) nor the relevant planning authority shall be precluded from requiring additional information from the qualifying body in connection with any statement that may be submitted as an environmental statement in connection with any order proposal that relates to the same development as was referred to in the request.”;

(k)in regulation 15—

(i)for each reference to “person” substitute “ qualifying body ”; and

(ii)in paragraph (3), omit “or 11(5) or 12(6)”;

(l)in regulation 16—

(i)in paragraph (1) for “An applicant who makes an EIA application” substitute “ A qualifying body which makes an order proposal ”;

(ii)for each reference to “applicant” substitute “ qualifying body ”;

(iii)for each reference to “application” substitute “ order proposal ”; and

(iv)for paragraph (5) substitute—

“(5) The local planning authority shall not submit the order proposal for independent examination under paragraph 7 of Schedule 4B to the Act until the expiry of 14 days from the last date on which a copy of the statement was served in accordance with this regulation.”;

(m)in regulation 17—

(i)for paragraphs (1) and (2) (a) and (b) substitute—

“Publicity where an environmental statement is submitted after the order proposal

17.—(1) Where a qualifying body has submitted an order proposal without an environmental statement and the qualifying body later proposes to submit such a statement, it shall, before submitting it, comply with paragraphs (2) to (5).

(2) The qualifying body shall publish in a local newspaper circulating in the locality in which the land to which the order proposal relates is situated a notice stating—

(a)the qualifying body's name, that an order proposal has been submitted, and the name and address of the relevant planning authority;

(b)the date on which the order proposal was submitted;”;

(ii)in sub-paragraph (2)(d)(i) for “application” substitute “ order proposal ”;

(iii)sub-paragraph (2)(d)(ii) shall not apply;

(iv)for sub-paragraph (2)(i) and (j) substitute—

“(i)that any person wishing to make representations about the order proposal should make them in writing, before the date named in accordance with sub-paragraph (e), to the relevant planning authority.”;

(v)in sub-paragraph (3)—

(aa)for “An applicant who” substitute “ A qualifying body which ”;

(bb)omit “, 11(4) or 12(5)”;

(vi)in paragraphs (4) and (6) for each reference to “applicant” substitute “ qualifying body ”;

(vii)for paragraph (7) substitute—

“(7) Where a qualifying body indicates that it intends to provide a statement in the circumstances mentioned in paragraph (1), the relevant planning authority must not consider the order proposal further until 21 days following the receipt of the statement and of the other documents so mentioned.”; and

(viii)omit paragraph (8);

(n)regulations 18 and 19 shall not apply;

(o)for regulation 20 substitute—

“Availability of copies of environmental statements

20.  A qualifying body which submits an environmental statement in connection with a order proposal, shall ensure that a reasonable number of copies of the statement are available at the address named in the notices published or posted pursuant to regulation 23(2) of the Neighbourhood Planning (General) Regulations 2012 or regulation 17 as the address at which such copies may be obtained.”;

(p)In regulation 22—

(i)for paragraph (1) substitute—

“(1) Where a relevant planning authority or independent examiner dealing with an order proposal in relation to which a qualifying body has submitted an environmental statement are of the opinion that the statement should contain additional information in order to be an environmental statement, the authority or the examiner, as the case may be, shall notify the qualifying body in writing accordingly, and the qualifying body shall provide that additional information; and such information provided by the qualifying body is referred to in these Regulations as “further information”.”;

(ii)for sub-paragraph (3)(a) substitute—

“(a)the name of the qualifying body and the name and address of the relevant planning authority;”;

(iii)for sub-paragraph (3)(b) substitute—

“(b)the date on which the order proposal was submitted;”;

(iv)sub-paragraph (3)(c) shall not apply;

(v)in sub-paragraph (3)(f) for “planning permission or subsequent application” substitute “ order proposal ”;

(vi)in sub-paragraph (3)(k) for “, the Secretary of State or the inspector (as the case may be)” substitute “ or independent examiner. ”;

(vii)in paragraph (6) for “applicant or appellant” substitute “ qualifying body ”;

(viii)for paragraph (7), substitute—

“(7) Where information is requested under paragraph (1) or any other information is provided—

(a)the relevant planning authority shall not consider the proposal further until 21 days following the receipt of the statement and of the other documents so mentioned;

(b)the independent examiner shall not make their report until 21 days following the receipt of the statement and of the other documents so mentioned.”

(ix)in paragraph (8) for “applicant or appellant” substitute “ qualifying body ”; and

(x)for paragraph (10) substitute—

“(10) The relevant planning authority or independent examiner may in writing require a qualifying body to produce such evidence as they may reasonably call for to verify any information in the environmental statement.”;

(q)In regulation 23—

(i)for paragraph (1) substitute—

“(1) Where particulars of an order proposal are placed on the register, the relevant planning authority shall take steps to secure that there is also placed on the register a copy of any relevant—”;

(ii)in sub-paragraph (1)(e) omit “, 11(2) or 12(4)”; and

(iii)in paragraph (2) for “application is made for planning permission or subsequent consent” substitute “ order proposal is submitted by a qualifying body ”;

(r)in regulation 24—

(i)for “Where an EIA application is determined by a local planning authority,” substitute “ As soon as possible after making a decision to make the neighbourhood development order under section 61E(4) of the Act or to refuse to make it under section 61E(8) of the Act, ”; and

(ii)paragraphs (2) and (3) shall not apply.

(s)Parts 7 to 10 shall not apply; and

(t)in regulation 53—

(i)in paragraph (3) for each reference to “application” substitute “ order proposal ”;

(ii)in sub-paragraph (4)(b) for “before planning permission for the development is granted” substitute “before a decision is made under paragraph 12(4) of Schedule 4B to the Act that the draft order meets the basic conditions; and

(iii)in paragraph (6) for “on the determination of the application concerned” substitute “ on a decision being made under paragraph 12(4) of Schedule 4B to the Act that the draft order meets the basic conditions ”.]