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

1Citation, commencement and application

2Interpretation

3Prohibition on granting planning permission or subsequent consent for EIA development

4Environmental impact assessment process

PART 2Screening

5General provisions relating to screening

6Requests for screening opinions of the relevant planning authority

7Requests for screening directions of the Secretary of State

PART 3Procedures relating to applications for planning permission

8Applications which appear to require screening opinion

9Subsequent applications where environmental information previously provided

10Subsequent applications where environmental information not previously provided

11EIA applications made to a relevant planning authority without an environmental statement

12EIA applications made directly to the Secretary of State without an environmental statement

13Application referred to the Secretary of State without an environmental statement

14Appeal to the Secretary of State without an environmental statement

PART 4Preparation of environmental statements

15Scoping opinions of the local planning authority

16Scoping directions of the Secretary of State

17Procedure to facilitate preparation of environmental statements

PART 5Publicity and procedures on submission of environmental statements and decision making

18Environmental statements

19Procedure where an environmental statement is submitted to a local planning authority

20Publicity where an environmental statement is submitted after the planning application

21Provision of copies of environmental statements, any other information and further information for the Secretary of State on referral or appeal

22Procedure where an environmental statement is submitted to the Secretary of State

23Availability of copies of environmental statements

24Charges for copies of environmental statements

25Further information and evidence respecting environmental statements

26Consideration of whether planning permission or subsequent consent should be granted

27Co-ordination

PART 6Availability of directions etc and notification of decisions

28Availability of opinions, directions etc for inspection

29Information to accompany decisions

30Duty to inform the public and the Secretary of State of final decisions

PART 7Restrictions of grants of permission

31New simplified planning zone schemes or enterprise zone orders

32Local development orders

33Neighbourhood development orders

PART 8Unauthorised development

34Interpretation

35Duty to ensure objectives of the Directive are met

36Prohibition on the grant of planning permission for unauthorised EIA development

37Screening opinions of the local planning authority

38Screening directions of the Secretary of State

39Provision of information

40Appeal to the Secretary of State without a screening opinion or screening direction

41Appeal to the Secretary of State without an environmental statement

42Procedure where an environmental statement is submitted to the Secretary of State

43Further information and evidence respecting environmental statements

44Publicity for environmental statements or further information

45Public inspection of documents

46Significant transboundary effects

PART 9ROMP Applications

47General application of the Regulations to ROMP applications

48Modification of provisions on prohibition of granting planning permission or subsequent consent

49Modification of provisions on application to local planning authority without an environmental statement

50Disapplication of regulations and modifications of provisions on application referred to or appealed to the Secretary of State without an environmental statement

51Substitution of references to section 78 right of appeal and modification of provisions on appeal to the Secretary of State without an environmental statement

52Modification of provisions on preparation, publicity and procedures on submission of environmental statements

53Modification of provisions on application to the High Court and giving of directions

54Suspension of minerals development

55Determination of conditions and right of appeal on non-determination

56ROMP application by a mineral planning authority

57ROMP applications: duty to make a prohibition order after two years suspension of permission

PART 10Development with significant transboundary effects

58Development in England likely to have significant effects in another EEA State

59Projects in another EEA State likely to have significant transboundary effects

PART 11Exemptions

60Projects serving national defence purposes in Scotland

61Projects serving national defence purposes in Wales

62Projects serving national defence purposes in Northern Ireland

PART 12Miscellaneous

64Objectivity and bias

65Service of notices etc

66Application to the High Court

67Hazardous waste and material change of use

68Extension of the period for an authority’s decision on a planning application

69Extension 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

70Application to the Crown

72Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015

73Amendment of the Town and Country Planning (General Permitted Development) (England) Order 2015

74Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

75Amendment of the Neighbourhood Planning (General) Regulations 2012

76Revocation and transitional provisions

SCHEDULE 1DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”

Descriptions of development

SCHEDULE 2DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”

1In the table below— “area of the works” includes any...

SCHEDULE 3SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT

1Characteristics of development

2Location of development

3Types and characteristics of the potential impact

SCHEDULE 4INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS

1A description of the development, including in particular:

2A description of the reasonable alternatives (for example in terms...

3A description of the relevant aspects of the current state...

4A description of the factors specified in regulation 4(2) likely...

5A description of the likely significant effects of the development...

6A description of the forecasting methods or evidence, used to...

7A description of the measures envisaged to avoid, prevent, reduce...

8A description of the expected significant adverse effects of the...

9A non-technical summary of the information provided under paragraphs 1...

10A reference list detailing the sources used for the descriptions...

2017 No. 571

Town And Country Planning

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

Made18th April 2017

Laid before Parliament19th April 2017

Coming into force16th May 2017

The Secretary of State has been designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to the environment.

The Secretary of State in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 71A(1) and (2) and 298A(2) of the Town and Country Planning Act 19903, and having taken into account the selection criteria in Annex III to Council Directive 2011/92/EU4, makes the following Regulations: