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The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016

Type Welsh-Statutory-Instrument

Publication 2016-01-27

Last updated 2024-11-04

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(2) The applicant must publish in a local newspaper circulating in the locality in which the land is situated a notice stating— (a) the applicant's name, that an application is being made to the Welsh Ministers for planning permission and the address of the Welsh Ministers; (b) the date on which the application was made; (c) the address or location and the nature of the proposed development; (d) that a copy of the application, any accompanying plan and other documents, and a copy of the environmental statement 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 those documents may be inspected, and the latest date on which they are 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 statement 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 application must make them, before the date named in accordance with sub-paragraph (e), to the Welsh Ministers; and (j) the address to which representations should be sent. (3) An applicant who is notified under regulation 29(4) (applications without environmental statement) of such a person as mentioned in any of those paragraphs must serve a notice on every such person; and the notice must contain the information specified in paragraph (2), except that the date noted as the latest date on which the documents will be available for inspection must not be less than 21 days later than the date on which the notice is first served.

Availability of copies of environmental statements

34

An applicant who submits an environmental statement in connection with an application, must ensure that a reasonable number of copies of the statement are available at the address named in the notices published or served pursuant to article 18(2) of the 2016 Order as the address at which such copies may be obtained.

Availability of directions etc. for inspection

35

Regulation 23 applies as if paragraph (1)(e) reads “notification given under regulation 29(2) (applications made without environmental statement);”.

Duties to inform the public of final decisions

36

(1) Where an EIA application is determined by the Welsh Ministers or an inspector, the Welsh Ministers must—

(a) notify the relevant planning authority of the decision; and

(b) provide the authority with a statement containing—

(i) the content of the decision and any conditions attached to it;

(ii) the main reasons and considerations on which the decision is based, including, if relevant, information about the participation of the public;

(iii) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development; and

(iv) information regarding the right to challenge the validity of the decision and the procedures for doing so.

(2) The relevant planning authority must, as soon as reasonably practicable after receipt of a notification under paragraph (1)(a)—

(a) inform the public of the decision, by local advertisement, or by such other means as are reasonable in the circumstances; and

(b) make the statement the authority received pursuant to paragraph (1)(b), available for public inspection at the place where the appropriate register (or relevant section of that register) is kept.

PART 9 — Restrictions of Grants of Permission

New simplified planning zone schemes or enterprise zone orders

37

With effect from the commencement date—

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

(b) an order designating an enterprise zone made under section 88 of the 1990 Act; or

may not:

(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 orders

38

(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 must not adopt or revise a local development order unless they have adopted a screening opinion or the Welsh Ministers have made a screening direction.

(3) Paragraph (4) and Schedule 5 apply where—

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

(b) the Welsh Ministers make a screening direction under these Regulations,

to the effect that the development is EIA development.

(4) The local planning authority must not adopt or revise 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 taken the environmental information into consideration, and they state in their decision that they have done so.

Section 97 orders and section 102 orders

39

(1) This regulation applies where a local planning authority or the Welsh Ministers propose to make or confirm a section 97 order or a section 102 order.

(2) In this regulation—

“section 97 order” (“gorchymyn adran 97”) means—an order of a local planning authority under section 97(1) of the 1990 Act, oran order of the Welsh Ministers under section 100(1) of the 1990 Act,modifying any permission to develop land; and

“section 102 order” (“gorchymyn adran 102”) means an order of a local planning authority under section 102 of the 1990 Act or an order of the Welsh Ministers to like effect pursuant to section 104(1) of the 1990 Act.

(3) The local planning authority must not make and the Welsh Ministers must not make or confirm, a section 97 order or a section 102 order in relation to Schedule 2 development unless the local planning authority have adopted a screening opinion or the Welsh Ministers have made a screening direction.

(4) Paragraphs (5) and (6) and Schedule 6 apply—

(a) to Schedule 1 development;

(b) where either—

(i) the local planning authority adopts a screening opinion, or

(ii) the Welsh Ministers make a screening direction under these Regulations,

to the effect that the development is EIA development.

(5) The local planning authority must not make a section 97 order which permits or requires EIA development unless—

(a) they have prepared an environmental statement in relation to that development; and

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

(6) The Welsh Ministers must not confirm or make a section 97 order or a section 102 order which permits or requires EIA development unless—

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

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

PART 10 — Unauthorised Development

Interpretation

40

In this Part—

“unauthorised EIA development” (“datblygiad AEA anawdurdodedig”) means EIA development which is the subject of an enforcement notice under section 172 of the 1990 Act (issue of enforcement notice) ; and

“ground (a) appeal” (“apêl sail (a)”) means an appeal brought under section 174(2)(a) of the 1990 Act.

Prohibition on the grant of planning permission for unauthorised EIA development

41

The Welsh Ministers or an inspector must not grant planning permission or subsequent consent under section 177(1) of the 1990 Act (grant or modification of planning permission on appeals against enforcement notices) in respect of unauthorised EIA development unless the Welsh Ministers or inspector has first taken the environmental information into consideration, and they must state in the decision that they have done so.

Screening opinions

42

(1) Where it appears to the local planning authority by whom or on whose behalf an enforcement notice is to be issued that the matters constituting the breach of planning control comprise or include Schedule 1 development or Schedule 2 development they must, before the enforcement notice is issued, adopt a screening opinion.

(2) Where it appears to the local planning authority by whom or on whose behalf an enforcement notice is to be issued that the matters constituting the breach of planning control comprise or include EIA development they must serve with a copy of the enforcement notice a notice (“regulation 42 notice”) which must—

(a) include the screening opinion required by paragraph (1) and the statement required by regulation 4(7); and

(b) require a person who gives notice of an appeal under section 174 of the 1990 Act to submit to the Welsh Ministers with the notice two copies of an environmental statement relating to that EIA development.

(3) The authority by whom a regulation 42 notice has been served must send a copy of it to—

(a) the Welsh Ministers;

(b) the consultees; and

(c) any particular person of whom the authority is aware, who is likely to be affected by, or has an interest in, the regulation 42 notice.

(4) Where an authority provide the Welsh Ministers with a copy of a regulation 42 notice they must include with it a list of the other persons to whom a copy of the notice has been or is to be sent.

Screening directions

43

(1) Any person on whom a regulation 42 notice is served may, within 21 days beginning with the date the notice is served, apply to the Welsh Ministers for a screening direction.

(2) An application for a screening direction must be accompanied by—

(a) a copy of the regulation 42 notice;

(b) a copy of the enforcement notice which accompanied it; and

(3) At the same time as applying to the Welsh Ministers, the applicant must send to the authority by whom the regulation 42 notice was served, a copy of the application and of any information or representations provided or made in accordance with paragraph (2)(c).

(4) If the Welsh Ministers consider that the information provided in accordance with paragraph (2)(a) is insufficient to make a direction, they must notify the applicant and the authority of the matters in respect of which additional information is required; and the information so requested must be provided by the applicant within such reasonable period as may be specified in the notice.

(5) The Welsh Ministers must send a copy of the direction to the applicant.

(6) Where the Welsh Ministers direct that the matters which are alleged to constitute the breach of planning control do not comprise or include EIA development, they must send a copy of the direction to every person to whom a copy of the regulation 42 notice was sent.

Provision of information

44

(1) The relevant planning authority and any person, other than the Welsh Ministers, to whom a copy of the regulation 42 notice has been sent (“the regulation 42 consultee”) must, if requested by the person on whom the regulation 42 notice was served, enter into consultation with that person to determine whether the regulation 42 consultee has in their possession any information which that person or the regulation 42 consultee considers relevant to the preparation of an environmental statement and if they have, the regulation 42 consultee must make any such information available to that person.

(2) Regulation 15(5) applies to information under paragraph (1) as it applies to any information falling within regulation 15(4).

Appeal to the Welsh Ministers without a screening opinion or screening direction

45

(1) Where on consideration of an appeal under section 174 of the 1990 Act it appears to the Welsh Ministers that the matters alleged to constitute the breach of planning control comprise or include Schedule 1 development or Schedule 2 development, they must, before any notice is served pursuant to regulation 46, make a screening direction.

(2) Where an inspector is dealing with an appeal under section 174 of the 1990 Act and a question arises as to whether the matters alleged to constitute the breach of planning control comprise or include Schedule 1 development or Schedule 2 development, the inspector must refer that question to the Welsh Ministers.

(3) Before receiving a screening direction the inspector may not determine the application which is deemed to have been made by virtue of the appeal under section 174 of the 1990 Act (“the deemed application”) except to refuse that application.

(4) Where a question is referred under paragraph (2), the Welsh Ministers must make a screening direction within 21 days beginning with the date on which the question was referred or such longer period as may be reasonably required.

(5) The Welsh Ministers must send a copy of any screening direction made pursuant to paragraph (4) to the inspector.

(6) If the Welsh Ministers consider that sufficient information to make a screening direction has not been provided, they must give notice to the applicant and the authority by whom the regulation 42 notice was served, of the matters in respect of which additional information is required and the information so requested must be provided by the applicant within such reasonable period as may be specified in the notice.

(7) If an appellant to whom notice has been given under paragraph (6) fails to comply with the requirements of that notice—

(a) the application which is deemed to have been made by virtue of the appeal made under section 174 of the 1990 Act; and

(b) the appeal in so far as it is a ground (a) appeal,

lapse at the end of the period specified in the notice.

Appeal to the Welsh Ministers without an environmental statement

46

(1) The procedure in paragraph (2) applies where—

(a) the Welsh Ministers or an inspector are considering an appeal under section 174 of the 1990 Act;

(b) the matters which are alleged to constitute the breach of planning control comprise or include unauthorised EIA development; and

(c) the documents submitted for the purposes of the appeal do not include a statement referred to by the appellant as an environmental statement for the purposes of these Regulations.

(2) The procedure is—

(a) the Welsh Ministers must, within the period of 21 days beginning with the day on which the appeal is received, or such longer period as may be reasonably required, notify the appellant of the requirements of sub-paragraph (c) below; but this is subject to sub-paragraph (b);

(b) notice need not be given under sub-paragraph (a) where the appellant has submitted an environmental statement to the Welsh Ministers for the purposes of an appeal under section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions) which—

(i) relates to the development to which the appeal under section 174 of the 1990 Act relates; and

(ii) is to be determined at the same time as the appeal under section 174 of the 1990 Act;

and that statement, any further information, any other information and the representations (if any) made in relation to it must be treated as the environmental information for the purpose of regulation 41;

(c) the appellant must, within the period specified in the notice or such longer period as the Welsh Ministers may allow, submit to the Welsh Ministers two copies of an environmental statement relating to the unauthorised EIA development in question;

(d) the Welsh Ministers must send to the relevant planning authority a copy of any notice sent to the appellant under sub-paragraph (a);

(e) if an appellant to whom notice has been given under sub-paragraph (a) fails to comply with the requirements of sub-paragraph (c), the deemed application and any ground (a) appeal lapse at the end of the period specified or allowed (as the case may be);

(f) as soon as reasonably practicable after the occurrence of the lapse described in subparagraph (e), the Welsh Ministers must notify the appellant and the local planning authority that the deemed application and any ground (a) appeal have lapsed.

Procedure where an environmental statement is submitted to the Welsh Ministers

47

Where the Welsh Ministers receive (otherwise than as mentioned in regulation 46(2)(b)) an environmental statement in connection with an enforcement appeal, they must—

(a) send a copy of that statement to the relevant planning authority, advise the authority that the statement will be taken into consideration in determining the deemed application and the ground (a) appeal (if any), and inform them that they may make representations;

(b) notify the persons to whom a copy of the relevant regulation 42 notice was sent that the statement will be taken into consideration in determining the deemed application and the ground (a) appeal (if any), and inform them that they may make representations and that, if they wish to receive a copy of the statement or any part of it, they must notify the Welsh Ministers of their requirements within 7 days of the receipt of the Welsh Ministers' notice; and

(c) respond to requirements notified in accordance with paragraph (b) by providing a copy of the statement or of the part requested (as the case may be).

Further information and evidence respecting environmental statements

48

Regulation 22(1) and (10) apply to statements provided in accordance with this Part with the following modifications—

(a) where the Welsh Ministers or an inspector notify the appellant under regulation 22(1), the appellant must provide the further information within such period as the Welsh Ministers or the inspector may specify in the notice or such longer period as the Welsh Ministers or the inspector may allow;

(b) if an appellant to whom a notice has been given under paragraph (a) fails to provide the further information within the period specified or allowed, the deemed application and the ground (a) appeal (if any) lapse at the end of that period.

Publicity for environmental statements or further information

49

(1) Where an authority receive a copy of a statement or further information by virtue of regulation 47(a) or any other information they must publish by local advertisement a notice stating—

(a) the name of the appellant and that the enforcement notice has been appealed to the Welsh Ministers;

(b) the address or location of the land to which the notice relates and the nature of the development;

(d) that a copy of the statement, further information or any other information and of any planning permission 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 statement or further information or any other 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) that any person wishing to make representations about any matter dealt with in the statement or further information or any other information should make them, no later than 21 days after the date stated in accordance with sub-paragraph (e), to the Welsh Ministers; and

(g) the address to which any such representations should be sent.

(2) The authority must, as soon as practicable after publication of a notice in accordance with paragraph (1), send to the Welsh Ministers a copy of the notice certified by or on behalf of the authority as having been published by local advertisement on a date specified in the certificate.

(3) Neither the Welsh Ministers receiving a certificate under paragraph (2) nor an inspector may determine the deemed application or the ground (a) appeal in respect of the development to which the certificate relates until the expiry of 21 days from the date stated in the published notice as the last date on which the statement or further information was available for inspection.

Public inspection of documents

50

(1) The relevant planning authority must make available for public inspection at all reasonable hours at the place where the appropriate register (or relevant part of that register) is kept, a copy of—

(a) every regulation 42 notice given by the authority;

(b) every notice received by the authority under regulation 46(2)(d); and

and copies of those documents must remain so available for a period of 2 years or until they are entered in Part 2 of the register in accordance with paragraph (2), whichever is the sooner.

(2) Where particulars of any planning permission granted by the Welsh Ministers or an inspector under section 177 of the 1990 Act are entered in Part 2 of the register , the relevant planning authority must take steps to secure that that Part also contains a copy of any of the documents referred to in paragraph (1) as are relevant to the development for which planning permission has been granted.

(3) The provisions of regulation 24(2) and (3) apply to a deemed application and a grant of planning permission under section 177 of the 1990 Act as they apply to an application for and grant of planning permission under Part 3 of the 1990 Act.

Significant transboundary effects

51

Regulation 53 applies to unauthorised EIA development as if—

(a) regulation 53(1)(a) read—

(a) on consideration of an appeal under section 174 of the 1990 Act the Welsh Ministers are of the opinion that the matters which are alleged to constitute the breach of planning control comprise or include EIA development and that the development has or is likely to have significant effects on the environment in an EEA State; or

(b) in regulation 53(3)(a), “a copy of the application concerned” read “a description of the development concerned”;

PART 11 — ROMP Applications

General application of the Regulations to ROMP applications

52

(1) In this regulation and in Schedule 7—

“relevant mineral planning authority” (“awdurdod cynllunio mwynau perthnasol”) means the body to whom it falls, fell, or would, but for a direction under—paragraph 7 of Schedule 2 to the 1991 Act;paragraph 13 of Schedule 13 to the 1995 Act; orparagraph 8 of Schedule 14 to the 1995 Act,fall to determine the ROMP application in question;

“ROMP” (“ROMP”) means review of old mineral permission;

“ROMP application” (“cais ROMP”) means an application to a relevant mineral planning authority to determine the conditions to which a planning permission is to be subject under—paragraph 2(2) of Schedule 2 to the 1991 Act (registration of old mining permissions);paragraph 9(1) of Schedule 13 to the 1995 Act (review of old mineral planning permissions); orparagraph 6(1) of Schedule 14 to the 1995 Act (periodic review of mineral planning permissions) ;

“ROMP development” (“datblygiad ROMP”) means development which has yet to be carried out and which is authorised by a planning permission in respect of which a ROMP application has been or is to be made;

“ROMP subsequent application” (“cais dilynol ROMP”) means an application for approval of a matter where the approval—is required by or under a condition to which a planning permission is subject following determination of a ROMP application; andmust be obtained before all or part of the minerals development permitted by the planning permission may be begun or continued;

“ROMP subsequent consent” (“caniatâd dilynol ROMP”) means consent granted pursuant to a ROMP subsequent application.

(2) Subject to paragraph (2) and to the modifications and additions set out in Schedule 7, these Regulations apply to—

(a) a ROMP application as they apply to an application for planning permission;

(b) a ROMP subsequent application as they apply to a subsequent application;

(c) ROMP development as they apply to development in respect of which an application for planning permission is, has been, or is to be made;

(d) a relevant mineral planning authority as they apply to a relevant planning authority;

(e) a person making a ROMP application as they apply to an applicant for planning permission;

(f) a person making a ROMP subsequent application as they apply to a person making a subsequent application;

(g) the determination of a ROMP application as they apply to the granting of a planning permission; and

(h) the granting of ROMP subsequent consent as they apply to the granting of subsequent consent.

(3) These Regulations do not apply to—

(a) any undetermined ROMP application to which the Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 apply;

(b) to any appeal in relation to such an application.

PART 12 — Development with Significant Transboundary Effects

Development in Wales likely to have significant effects in an EEA State

53

(1) Where—

(a) it comes to the attention of the Welsh Ministers that development proposed to be carried out in Wales is the subject of an EIA application and is likely to have significant effects on the environment in an EEA State; or

(b) an EEA State likely to be significantly affected by such development so requests,

the Welsh Ministers must—

(i) send to the EEA State as soon as possible and no later than their date of publication in The London Gazette referred to in paragraph (ii) below, the particulars mentioned in paragraph (2) and, if relevant, the information referred to in paragraph (3);

(ii) publish the information in paragraph (i) above in a notice placed in The London Gazette indicating the address where additional information is available; and

(iii) give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide.

(2) The particulars referred to in paragraph (1)(b)(i) are—

(a) a description of the development, together with any available information on its possible significant effect on the environment in another Member State; and

(b) information on the nature of the decision which may be taken.

(3) Where an EEA State indicates, in accordance with paragraph (1)(b)(iii), that it wishes to participate in the procedure for which these Regulations provide, the Welsh Ministers must as soon as possible send to that EEA State—

(a) a copy of the application concerned;

(b) a copy of any planning permission relating to the development;

(d) relevant information regarding the procedure under these Regulations,

but only to the extent that such information has not been provided to the EEA State earlier in accordance with paragraph (1)(b)(i).

(4) The Welsh Ministers must also—

(a) arrange for the particulars and information referred to in paragraphs (2) and (3) and any further information and any other information to be made available, within a reasonable time, to authorities in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive and the public concerned in the territory of the EEA State likely to be significantly affected; and

(b) ensure that those authorities and the public concerned are given an opportunity, before planning permission for the development is granted, to forward to the Welsh Ministers, within a reasonable time, their opinion on the information supplied.

(5) The Welsh Ministers must ...—

(a) enter into consultations with the EEA State concerned regarding, inter alia, the potential significant effects of the development on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects; and

(b) determine in agreement with the other EEA State a reasonable period of time for the duration of the consultation period.

(6) Where an EEA State has been consulted in accordance with paragraph (5), on the determination of the application concerned the Welsh Ministers must inform the EEA State of the decision and must forward to it a statement of—

(a) the content of the decision and any conditions attached to it;

(b) the main reasons and considerations on which the decision is based including, if relevant, information about the participation of the public; and

(c) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development.

Projects in another EEA State likely to have significant transboundary effects

54

(1) Where the Welsh Ministers receive from an EEA State... information which that EEA State has gathered from the developer of a proposed project in that EEA State, which is likely to have significant effects on the environment in Wales, they must...—

(a) enter into consultations with that EEA State regarding the potential significant effects of the proposed project on the environment in Wales and the measures envisaged to reduce or eliminate such effects; and

(b) determine in agreement with that EEA State a reasonable period, before development consent for the project is granted, during which members of the public in Wales may submit representations to the authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive.

(2) The Welsh Ministers must also—

(a) arrange for the information referred to in paragraph (1) to be made available, within a reasonable time, both to the authorities in Wales which are likely to be concerned by the project by reason of their specific environmental responsibilities, and to the public concerned in Wales;

(b) ensure that those authorities and the public concerned are given an opportunity, before development consent for the project is granted, to forward to the the authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive, within a reasonable time, their opinion on the information supplied; and

(c) so far as such information has been received by the Welsh Ministers, notify those authorities and the public of the content of any decision of the the authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive; and in particular—

(i) any conditions attached to it;

(ii) the main reasons and considerations on which the decision was based including, if relevant, information about the participation of the public; and

(iii) a description of the main measures to avoid, reduce and, if possible, offset any major adverse effects that have been identified.

PART 13 — Miscellaneous

Application to the High Court

55

For the purposes of Part 12 of the 1990 Act (validity of certain decisions), the reference in section 288(1)(b) to action of the Welsh Ministers not being within the powers of the 1990 Act is to be taken to extend to a grant of planning permission or subsequent consent not being permitted by reason of regulations 3 or 41.

Hazardous waste and material change of use

56

A change in the use of land or buildings to a use for a purpose mentioned in paragraph 9 of Schedule 1 involves a material change in the use of that land or those buildings for the purposes of section 55(1) of the 1990 Act (meaning of “development” and “new development”).

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

57

(1) For the purposes of section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions), in determining the time which has elapsed without the relevant planning authority giving notice to the applicant of their decision, where—

(a) the authority have notified an applicant in accordance with regulation 10(1) that the submission of an environmental statement is required; and

(b) the Welsh Ministers have given a screening direction in relation to the development in question,

(2) Where it falls to an authority to determine an EIA application, articles 22 (time periods for decisions) and 23 (applications made under planning condition) of the 2012 Order have effect as if—

(a) each of the references in articles 22(2)(a) and 23 to a period of 8 weeks is a reference to a period of 16 weeks; and

(b) the reference in article 22(2)(aa) to the period of 12 weeks is a reference to the period of 20 weeks.

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

58

Provisions included in a development order by virtue of section 60 of the 1990 Act (permission granted by development order) which enable the Welsh Ministers to give directions, must enable them to direct that development which is both of a description mentioned in Column 1 of the table in Schedule 2, and of a class described in the direction is EIA development for the purposes of these Regulations.

Application to the Crown

59

(1) These Regulations apply to the Crown with the following modifications.

(2) In relation to an application made to the Welsh Ministers other than an application under section 62D of the 1990 Act (developments of national significance: applications for planning permission), regulation 11 (application referred to the Welsh Ministers without an environmental statement) is to be read as if—

(a) in paragraph (1)—

(i) before “referred” in the first place it occurs, it read “made to the Welsh Ministers under section 293A of the 1990 Act (urgent Crown development: application) or”; and

(ii) before “referral” it read “making or the”; and

(b) in paragraph (2), before “referred” in the first place it occurs, it read “made under section 293A of the 1990 Act or”.

Revocation of statutory instruments and transitional provisions

60

(1) The statutory instruments in Schedule 8 are revoked, to the extent shown in that Schedule.

(2) Nothing in paragraph (1) affects the continued application of the instruments revoked by that paragraph, and these Regulations do not apply, in relation to—

(a) any application lodged or received by an authority before the commencement date,

(b) any undetermined ROMP application to which those instruments apply in accordance with the Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009,

(d) any matter in relation to which a local planning authority have, before that date, issued an enforcement notice under section 172 of the 1990 Act.

(3) In this regulation, “ROMP” (“ROMP”) and “ROMP application” (“cais ROMP”) have the same meaning as in regulation 52(1).

Consequential amendments

61

The instruments in Schedule 9 are amended to the extent shown in that Schedule.

SCHEDULE 1 — Descriptions of development for the purposes of the definition of “Schedule 1 development”

Interpretation

In this Schedule—

“airport” (“maes awyr”) means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14)[^f00038];

“express road” (“gwibffordd”) means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15 November 1975[^f00039];

“nuclear power station” (“gorsaf bŵer niwclear”) and “other nuclear reactor” (“adweithydd niwclear arall”) do not include an installation from the site of which all nuclear fuel and other radioactive contaminated materials have been permanently removed; and development for the purpose of dismantling or decommissioning a nuclear power station or other nuclear reactor is not to be treated as development of the description mentioned in paragraph 2(b) of this Schedule.

Descriptions of development

The carrying out of development to provide any of the following—

1 Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

2 a Thermal power stations and other combustion installations with a heat output of 300 megawatts or more; and b Nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

3 a Installations for the reprocessing of irradiated nuclear fuel; b Installations designed— i for the production or enrichment of nuclear fuel, ii for the processing of irradiated nuclear fuel or high-level radioactive waste, iii for the final disposal of irradiated nuclear fuel, iv solely for the final disposal of radioactive waste, v solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

4 a Integrated works for the initial smelting of cast-iron and steel; b Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

5 Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos— a for asbestos-cement products, with an annual production of more than 20,000 tonnes of finished products; b for friction material, with an annual production of more than 50 tonnes of finished products; and c for other uses of asbestos, utilisation of more than 200 tonnes per year.

6 Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are— a for the production of basic organic chemicals; b for the production of basic inorganic chemicals; c for the production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers); d for the production of basic plant health products and of biocides; e for the production of basic pharmaceutical products using a chemical or biological process; f for the production of explosives.

7 a Construction of lines for long-distance railway traffic and of airports with a basic runway length of 2,100 metres or more; b Construction of motorways and express roads; c Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road would be 10 kilometres or more in a continuous length.

8 a Inland waterways and ports for inland-waterway traffic which permit the passage of vessels of over 1,350 tonnes; b Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

9 Waste disposal installations for the incineration, chemical treatment (as defined in Annex IIA to Council Directive 75/442/EEC[^f00040] under heading D9), or landfill of hazardous waste as defined in regulation 6 of the Hazardous Waste (Wales) Regulations 2005[^f00041].

10 Waste disposal installations for the incineration or chemical treatment (as defined in Annex IIA to Council Directive 75/442/EEC under heading D9) of non-hazardous waste with a capacity exceeding 100 tonnes per day.

11 Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.

12 a Works for the transfer of water resources, other than piped drinking water, between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year; b In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the multi-annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5% of this flow.

13 Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2 point (6) of Council Directive 91/271/EEC[^f00042].

14 Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas.

15 Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.

16 Pipelines with a diameter of more than 800 millimetres and a length of more than 40 kilometres: for the transport of gas, oil, chemicals, or for the transport of carbon dioxide streams for the purposes of geological storage, including associated booster stations.

17 Installations for the intensive rearing of poultry or pigs with more than— a 85,000 places for broilers or 60,000 places for hens; b 3,000 places for production pigs (over 30 kg); or c 900 places for sows.

18 Industrial plants for— a the production of pulp from timber or similar fibrous materials; b the production of paper and board with a production capacity exceeding 200 tonnes per day.

19 Quarries and open-cast mining where the surface of the site exceeds 25 hectares, or peat extraction where the surface of the site exceeds 150 hectares.

20 Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more.

21 Storage sites pursuant to Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide[^f00043].

22 Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to Directive 2009/31/EC from installations covered by this Schedule, or where the total yearly capture of carbon dioxide is 1.5 megatonnes or more.

23 Any change to or extension of development listed in this Schedule where such a change or extension in itself meets the thresholds, if any, or description of development set out in this Schedule.

SCHEDULE 2 — Descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”

1

In the table below—

“area of the works” (“arwynebedd gwaith”) includes any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for construction or installation;

“controlled waters” (“dyfroedd a reolir”) has the same meaning as in the Water Resources Act 1991 ;

“floorspace” (“arwynebedd llawr”) means the floorspace in a building or buildings.

2

The table below sets out the descriptions of development and applicable thresholds and criteria for the purpose of classifying development as Schedule 2 development.

SCHEDULE 3 — Selection criteria for screening Schedule 2 development

Characteristics of development

1

The characteristics of development must be considered having regard, in particular, to—

(a) the size of the development;

(b) the cumulation with other development;

(d) the production of waste;

(e) pollution and nuisances;

(f) the risk of accidents, having regard in particular to substances or technologies used.

Location of development

2

The environmental sensitivity of geographical areas likely to be affected by development must be considered, having regard, in particular, to—

(a) the existing land use;

(b) the relative abundance, quality and regenerative capacity of natural resources in the area;

(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under Member States' legislation or under the legislation of any part of the UK, areas designated ... under EU-derived domestic legislation which transposed Council Directive 2009/147/EC on the conservation of wild birds and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora ;

(vi) areas in which the environmental quality standards laid down in retained EU law have already been exceeded;

(vii) densely populated areas;

(viii) landscapes of historical, cultural or archaeological significance.

Characteristics of the potential impact

3

The potential significant effects of development must be considered in relation to criteria set out under paragraphs 1 and 2 above, and having regard in particular to—

(a) the extent of the impact (geographical area and size of the affected population);

(b) the transfrontier nature of the impact;

(d) the probability of the impact;

(e) the duration, frequency and reversibility of the impact.

SCHEDULE 4 — Information for inclusion in environmental statements

PART 1

1

Description of the development, including in particular—

(a) a description of the physical characteristics of the whole development and the land-use requirements during the construction and operational phases;

(b) a description of the main characteristics of the production processes, for instance, nature and quantity of the materials used;

(c) an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, radiation, etc.) resulting from the operation of the proposed development.

2

An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for the choice made, taking into account the environmental effects.

3

A description of the aspects of the environment likely to be significantly affected by the development, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

4

A description of the likely significant effects of the development on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the development, resulting from—

(a) the existence of the development;

(b) the use of natural resources;

and the description by the applicant or appellant of the forecasting methods used to assess the effects on the environment.

5

A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.

6

A non-technical summary of the information provided under paragraphs 1 to 5 of this Part.

7

An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the applicant or appellant in compiling the required information.

PART 2

8

A description of the development comprising information on the site, design and size of the development.

9

A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects.

10

The data required to identify and assess the main effects which the development is likely to have on the environment.

11

An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for the choice made, taking into account the environmental effects.

12

A non-technical summary of the information provided under paragraphs 8 to 11 of this Part.

SCHEDULE 5 — Local Development Orders

1

In a case to which this Schedule has effect, these Regulations apply, subject to the following modifications.

2

Regulations 3, 5 to 12, 18 and 19 do not apply.

3

In regulation 4—

(a) paragraph (2)(a) does not apply;

(b) in paragraph (2)(b), (5) and (10), for “relevant” read “local”;

4

Regulation 13 is to be read as if it provided—

(1) Where a proposed local development order is EIA development, the local planning authority must state its opinion as to the information to be provided in the environmental statement (“a scoping opinion”). (2) A scoping opinion under paragraph (1) must 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 local planning authority may wish to provide or make. (3) An authority must not adopt a scoping opinion until they have consulted the consultees. (4) Before adopting a screening opinion the authority must take into account— (a) the specific characteristics of the particular development; (b) the specific characteristics of development of the type concerned; and (c) the environmental features likely to be affected by the development.

5

Regulation 15 is to be read as if it provided—

(15) (1) A local planning authority which intends to prepare an environmental statement may enquire of a consultee whether the consultee has any information which the consultee or the local planning authority considers relevant to the preparation of the environmental statement. (2) If the consultee has such information they must treat the enquiry by the local planning authority as a request for information by the local planning authority under regulation 5(1) of the Environmental Information Regulations 2004 .

6

Regulation 16 is to be read as if it provided—

(16) (1) Where a statement, referred to as an “environmental statement”, 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 must— (a) send a copy of the statement to the consultees and inform them that they may make representations; and (b) 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 electronic publication, 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 must not make the local development order until the expiry of 21 days from the last date on which a copy of the statement was served in accordance with this regulation.

7

Regulation 17 is to be read as if—

(a) paragraph (1) were omitted;

(b) paragraph (2) read—

(2) The local planning authority must 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 before the date specified in accordance with sub-paragraph (d), to the local planning authority.

(d) in paragraph (4), “applicant” read “local planning authority”; and

(e) paragraphs (6) to (9) were omitted.

8

Regulation 20 is to be read as if it provided—

(20) The local planning authority must 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.

9

Regulation 22 is to be read as if—

(a) paragraph (1) read—

(1) Where an environmental statement has been prepared 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 must ensure that additional information is provided and such information provided is referred to in these Regulations as “further information” (“gwybodaeth bellach”)

(b) paragraph (3) read—

(3) The local planning authority must 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 before the date specified in accordance with sub-paragraph (e), to the local planning authority; (j) the address to which representations should be sent.

(4) The local planning authority must send a copy of the further information and any other information to each person to whom, in accordance with the Regulations, the statement to which it relates was sent and to the Welsh Ministers.

(d) paragraphs (5) and (6) were omitted;

(e) paragraph (7) read—

(7) Where information is provided under paragraph (1) the local planning authority must not make the local development order before the expiry of 21 days after the date on which the further information was sent to all persons to whom the statement to 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.

(f) in paragraph (8)—

(i) instead of “The applicant or appellant” it read “The local planning authority”; and

(ii) after “number of copies of the” it read “further information or other”.

10

Regulation 23 is to be read as if paragraphs (1) and (2) read—

(1) Where particulars of a draft local development order are placed on Part 3 of the register, the local planning authority must take steps to secure that there is also placed on that Part a copy of any relevant— (a) screening opinion; (b) screening direction; (c) scoping opinion; (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. (2) Where the relevant planning authority adopt a screening opinion or scoping opinion, or receive a copy of a screening direction before a local development order is made, the local planning authority must take steps to secure that a copy of the opinion or direction and any accompanying statement of reasons is made available for public inspection at all reasonable hours at the place where the appropriate register (or relevant section of that register) is kept.

11

Regulation 24 is to be read as if—

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

(b) paragraphs (2) and (3) were omitted.

12

Regulation 53 is to be read as if—

(a) in paragraph (1) sub-paragraph (a) read—

(a) it comes to the attention of the Welsh Ministers that EIA development proposed to be carried out in Wales 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 an EEA State; or

; and

(b) in paragraphs (3) and (6), instead of “application” it read “proposed local development order”.

SCHEDULE 6 — Section 97 and 102 Orders under the 1990 Act

1

In this Schedule “initiating body” (“corff cychwyn”) means the local planning authority or the Welsh Ministers, where they propose to make the section 97 order or the section 102 order.

2

In a case to which this Schedule has effect, these Regulations apply subject to the following modifications.

3

Regulations 3, 5 to 12 and 19 do not apply.

4

In regulation 4—

(a) paragraph (2)(a) does not apply;

(b) in paragraph (2)(b), for “relevant” read “local”;

5

Regulation 13 is to be read as if it provided—

(1) Where a proposed section 97 order or section 102 order permit or require EIA development, the initiating body must state its opinion as to the information to be provided in the environmental statement, unless the initiating body is a local planning authority and makes a request under regulation 14(1). (2) A scoping opinion or scoping direction under paragraph (1) must 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 relevant initiating body may wish to provide or make. (3) An initiating body must not adopt a scoping opinion or scoping direction until they have consulted the consultees. (4) Before adopting a scoping opinion or scoping direction the initiating body must take into account— (a) the specific characteristics of the particular development; (b) the specific characteristics of development of the type concerned; and (c) the environmental features likely to be affected by the development. (5) If the Welsh Ministers make a scoping direction of their own volition or at the request of a third party, they must send a copy to the local authority which has initiated the order.

6

Regulation 14 is to be read as if—

(a) paragraph (1) read

A local planning authority who intend to prepare an environmental statement may request the Welsh Ministers to make a direction as to the information to be provided in the environmental statement and such a request must include— (a) copies of the relevant screening opinion and statement of reasons; and (b) the matters referred to in regulation 13(2).

(b) paragraphs (2) and (5) were omitted;

(c) paragraph (6) read “The Welsh Ministers must consult the local planning authority and the consultees before making a scoping direction and must make the direction within 5 weeks beginning with the date of receipt of that request or such longer period as may be reasonably required.”; and

(d) the reference in paragraph (7) to “regulation 13(6)” is to “regulation 13(4)”.

7

Regulation 15 is to be read as if it provided—

(15) (1) An initiating body which intends to prepare an environmental statement may consult with a consultee in order to determine whether the consultee has any information which the consultee or the initiating body considers relevant to the preparation of the environmental statement. (2) If the consultee has such information, the consultee must treat the consultation by the initiating body as a request for information by the local planning authority under regulation 5(1) of the Environmental Information Regulations 2004 .

8

Regulation 16 is to be read as if it provided—

(16) (1) Where a statement, referred to as an environmental statement, has been prepared by an initiating body in relation to development which is related to a section 97 order or section 102 order, that body must— (a) send a copy of the draft section 97 order or draft section 102 order and the statement to the consultees and inform them that they may make representations; and (b) notify any particular person of whom the body is aware and who is likely to be affected by, or has an interest in, the draft order and unlikely to become aware of it by means of electronic publication, a site notice or by local advertisement, of— (i) an address in the locality where a copy of the draft order and statement may be obtained; and (ii) the address to which representations may be sent. (2) The initiating body must not make the order until the expiry of 21 days from the last date on which a copy of the statement was served in accordance with this regulation. (3) When the local planning authority prepare an environmental statement, they must send to the Welsh Ministers, within 14 days of sending the statement to the consultees, one copy of each of any relevant screening opinion, statement of reasons and draft order.

9

Regulation 17 is to be read as if—

(a) paragraph (1) were omitted;

(b) paragraph (2) read—

(2) The initiating body must publish in a local newspaper circulating in the locality a notice stating— (a) the name and address of the initiating body; (b) the address or location and the nature of the development referred to in the proposed section 97 order or section 102 order; (c) that a copy of the draft 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 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 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 order should make them before the date specified in accordance with sub-paragraph (d), to the initiating body.

(d) in paragraph (4), “applicant” read “initiating body”; and

(e) paragraphs (6) to (9) were omitted.

10

Regulation 18 is to be read as if it provided—

(18) Where a local planning authority submits a section 97 order or a section 102 order to the Welsh Ministers for confirmation, the authority must also submit one copy of any environmental statement and any further information.

11

Regulation 20 is to be read as if it provided—

(20) (1) Where the initiating body is the local planning authority, they must ensure that a reasonable number of copies of the statement referred to as the environmental statement prepared in relation to development in relation to which the authority propose to make a section 97 order or section 102 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. (2) Where the initiating body is the Welsh Ministers, they must send to the local planning authority who would be responsible for determining an application for planning permission in respect of the development covered by the proposed section 97 order or section 102 order, a copy of the environmental statement prepared in relation to the proposed order. (3) When the local planning authority receive a copy of an environmental statement pursuant to paragraph (2), they must ensure that a reasonable number of copies of the statement are available at— (a) their principal office during normal office hours; and (b) at such other places within their area as they consider appropriate.

12

Regulation 22 must be read as if—

(a) paragraph (1) read—

(1) Where— (a) an environmental statement has been prepared; and a section 97 order or section 102 order is submitted to the Welsh Ministers for confirmation; and (b) the Welsh Ministers consider that the statement should contain additional information in order to be an environmental statement, the Welsh Ministers must notify the relevant planning authority; and that authority must ensure that the additional information is provided; and such additional information is referred to in these Regulations as “further information” (“gwybodaeth bellach”)

(b) paragraph (3) read—

(3) The relevant planning authority must publish in a local newspaper circulating in the locality a notice stating— (a) the name and address of the relevant planning authority; (b) the address or location and the nature of the development referred to in the proposed section 97 order or section 102 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 at which the further information may be inspected, and the latest date on which it is 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 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 to the relevant planning authority before the date specified in accordance with sub-paragraph (e); (j) the address to which representations should be sent.

(4) The local planning authority must 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 Welsh Ministers.

(d) paragraphs (5) and (6) were omitted;

(e) paragraph (7) read—

(7) Where information is provided under paragraph (1) or any other information is provided the Welsh Ministers must not confirm the section 97 order or section 102 order before the expiry of 21 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.

(f) in paragraph (8)—

(i) instead of “The applicant or appellant who provides” it read “The local planning authority providing”; and

(ii) after “number of copies of the” and before “information”, it read “further”.

13

Regulation 23 is to be read as if paragraphs (1) and (2) read—

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