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

Made: 20 April 2017

Laid before the National Assembly for Wales: 24 April 2017

Coming into force: 16 May 2017

The Welsh Ministers being designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, insofar as it concerns town and country planning , in exercise of the powers conferred by that section, section 71A of the Town and Country Planning Act 1990 , and having taken into account the selection criteria in Annex III to Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment , make the following Regulations.

PART 1 — General

Title, commencement and application

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• (1) The title of these Regulations is the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017.

• (2) These Regulations come into force on 16 May 2017.

• (3) These Regulations apply in relation to Wales.

• (4) In relation to an application for planning permission made to the Welsh Ministers or an application for infrastructure consent, Parts 2 to 7 of these Regulations apply only to the extent and in the way set out in Part 7.

Interpretation

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• (1) In these Regulations—

• “the 1990 Act” (“Deddf 1990”) means the Town and Country Planning Act 1990;

• “the 1991 Act” (“Deddf 1991”) means the Planning and Compensation Act 1991 ;

• “the 1995 Act” (“Deddf 1995”) means the Environment Act 1995 ;

• “the 2024 Act” (“Deddf 2024”) means the Infrastructure (Wales) Act 2024;

• “the 2012 Order” (“Gorchymyn 2012”) means the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 ;

• ...

• “the 2025 Application Regulations” (“Rheoliadau Ceisiadau 2025”) means the Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025;

• “the 2025 Examination Regulations” (“Rheoliadau Archwiliadau 2025”) means the Infrastructure Consent (Examination and Decision) (Procedure) (Wales) Regulations 2025;

• “any other information” (“unrhyw wybodaeth arall”) means any other substantive information relating to the environmental statement and provided by the applicant or the appellant as the case may be;

• “any particular person” (“unrhyw berson penodol”) includes any non-governmental organisation promoting environmental protection;

• “by local advertisement” (“drwy hysbyseb leol”), in relation to a notice, means—by publication of the notice in a newspaper circulating in the locality in which the land is situated; andby publication of the notice on the website of the relevant planning authority;

• “the consultees” (“yr ymgynghoreion”) means—in respect of an application for planning permission made to the Welsh Ministers, any authority, body or person which they are required to consult, or would be required to consult if an application for planning permission were before them ...;any body which the relevant planning authority is required to consult, or would, if an application for planning permission for the development in question were before them, be required to consult by virtue of article 14 of the 2012 Order (consultations before the grant of permission) or of any direction under that article, and the bodies referred to in sub-paragraph (c) if not already within this sub-paragraph;the following bodies—any principal council for the area where the land is situated, if not the relevant planning authority;the Natural Resources Body for Wales ;other bodies designated by statutory provision as having specific environmental responsibilities and which the relevant planning authority or the Welsh Ministers, as the case may be, consider are likely to have an interest in the application; in respect of an application for infrastructure consent made to the Welsh Ministers, any authority, body or person which they are required to consult by virtue of the 2024 Act or any provision made under that Act; in respect of a subsequent application relating to an infrastructure consent, any authority, body, or person which the Welsh Ministers would be required to consult by virtue of the 2024 Act or any provision made under that Act if the application was for infrastructure consent;

• “the Directive” (“y Gyfarwyddeb”) means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment ;

• “dwellinghouse” (“tŷ annedd”) means a building or part of a building which is used as a single private dwelling and for no other purpose;

• “EIA application” (“cais AEA”) means—an application for planning permission or infrastructure consent for EIA development; ora subsequent application in respect of EIA development;

• “EIA development” (“datblygiad AEA”) means development which is either—Schedule 1 development; orSchedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

• “environmental information” (“gwybodaeth amgylcheddol”) means the environmental statement, including any further information and any other information, any representations made by any consultee and any representations duly made by any other person about the environmental effects of the development;

• “environmental impact assessment” (“asesiad o'r effaith amgylcheddol”) means the process described in regulation 4(1);

• “environmental statement” (“datganiad amgylcheddol”) means a statement as described in regulation 17;

• “examining authority” (“awdurdod archwilio”) means the person or panel of persons appointed under section 40 of the 2024 Act;

• “exempt development” (“datblygiad esempt”) means development in respect of which the Welsh Ministers have made a direction under regulation 5(4);

• “European site” (“safle Ewropeaidd”) means a site within the meaning of regulation 8(1) of the Conservation of Habitats and Species Regulations 2017;

• “further information” (“gwybodaeth bellach”) has the meaning given in regulation 24(1);

• “infrastructure consent” (“cydsyniad seilwaith”) means consent required under section 19 of the 2024 Act;

• “infrastructure consent order” (“gorchymyn cydsyniad seilwaith”) means an order made under section 60 of the 2024 Act;

• “infrastructure register” (“cofrestr seilwaith”) means a register kept in accordance with section 128 of the 2024 Act or in accordance with provisions made under that section, and “appropriate infrastructure register” means the register on which particulars of the application for infrastructure consent for the relevant development have been placed or would be placed if such an application were made;

• “initiating body” (“corff cychwyn”) means the local planning authority or the Welsh Ministers, as appropriate, where they propose to give a notice of unauthorised development or make the section 97 order or the section 102 order , or the Welsh Ministers where they propose to make an order under section 90 of the 2024 Act;

• “inspector” (“arolygydd”) means a person appointed by the Welsh Ministers to determine an appeal;

• “the land” (“y tir”) means the land on which the development would be carried out or, in relation to development already carried out, has been carried out;

• “local development order” (“gorchymyn datblygu lleol”) means a local development order made pursuant to section 61A of the 1990 Act ;

• “monitoring measure” (“mesur monitro”) means provision requiring the monitoring of any significant adverse effects on the environment of proposed development including any measures contained in—a condition imposed on the grant of planning permission or infrastructure consent; ora planning obligation;

• “notice of unauthorised development” (“hysbysiad datblygiad anawdurdodedig”) means a notice given under section 113 of the 2024 Act;

• “principal council” (“prif gyngor”) has the meaning given by section 270(1) (general provisions as to interpretation) of the Local Government Act 1972 ;

• “register” (“cofrestr”) means a register kept pursuant to section 69 of the 1990 Act (registers of applications etc.) and “appropriate register” (“cofrestr briodol”) means the register on which particulars of an application for planning permission for the relevant development have been placed or would be placed if such an application were made;

• “relevant planning authority” (“awdurdod cynllunio perthnasol”) means the body to whom it falls, fell, or would fall, to determine an application for planning permission for the development in question, but for—...a direction under section 77 of the 1990 Act (reference of applications to Secretary of State) ;

• “Schedule 1 application” (“cais Atodlen 1”) and “Schedule 2 application” (“cais Atodlen 2”) mean an application for planning permission or infrastructure consent for Schedule 1 development and Schedule 2 development respectively;

• “Schedule 1 development” (“datblygiad Atodlen 1”) means development, other than exempt development, of a description mentioned in Schedule 1;

• “Schedule 2 development” (“datblygiad Atodlen 2”) means development, other than exempt development, of a description mentioned in Column 1 of the table in Schedule 2 where—any part of that development is to be carried out in a sensitive area; orany applicable threshold or criterion in the corresponding part of Column 2 of that table is respectively met or exceeded in relation to that development;

• “scoping direction” (“cyfarwyddyd cwmpasu”) has the meaning given to it by regulation 14(7);

• “scoping opinion” (“barn gwmpasu”) has the meaning given to it by regulation 14(1);

• “screening direction” (“cyfarwyddyd sgrinio”) means a direction made by the Welsh Ministers as to whether development is EIA development;

• “screening opinion” (“barn sgrinio”) means a written opinion of the relevant planning authority as to whether development is EIA development;

• “section 97 order” (“gorchymyn adran 97”) means—an order of a local planning authority under section 97(1) of the 1990 Act (power to revoke or modify planning permission); oran order of the Welsh Ministers under section 100(1) of the 1990 Act (revocation and modification of planning permission);

• “section 102 order” (“gorchymyn adran 102”) means—an order of a local planning authority under section 102 of the 1990 Act; oran order of the Welsh Ministers to like effect pursuant to section 104(1) of the 1990 Act (orders requiring discontinuance of use or alteration or removal of buildings or works);

• “sensitive area” (“ardal sensitif”) means any of the following—land notified under section 28(1) (sites of special scientific interest) of the Wildlife and Countryside Act 1981 ;a National Park within the meaning of the National Parks and Access to the Countryside Act 1949 ;a property appearing on the World Heritage List kept under Article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage ; a scheduled monument within the meaning given by section 3 of the Historic Environment (Wales) Act 2023; an area of outstanding natural beauty designated as such by an order made under section 82(2) (areas of outstanding natural beauty) of the Countryside and Rights of Way Act 2000 ;a European site;

• “specified person” (“person penodedig”) means a person, other than the Welsh Ministers or a planning authority, specified in an infrastructure consent order as the person to whom a subsequent application in relation to that infrastructure consent must be made;

• “subsequent application” (“cais dilynol”) means an application for consent, agreement or approval of a matter—required by or under a condition to which a planning permission or infrastructure consent is subject; andwhich must be obtained before all or part of the development permitted by the planning permission or infrastructure consent may be begun;

• “subsequent consent” (“cydsyniad dilynol”) means consent, agreement or approval granted pursuant to a subsequent application;

• ...

• (2) Subject to paragraph (3), expressions used both in these Regulations and in the 1990 Act have the same meaning for the purposes of these Regulations as they have for the purposes of the 1990 Act.

• (3) Expressions used both in these Regulations and in the Directive (whether or not also used in the 1990 Act) have the same meaning for the purposes of these Regulations as they have for the purposes of the Directive.

• (4) In these Regulations references to the Welsh Ministers must not be construed as references to an inspector.

• (5) Where a person may, or is required to, state, notify, request, confirm, inform or make representations, that person must do so in writing.

• (6) Any notice or other document to be sent, served or given under these Regulations may be , in relation to an application for planning permission, served or given in a manner specified in section 329 of the 1990 Act (service of notices) and in relation to an application for infrastructure consent or notice of unauthorised development, served or given in a manner specified in section 136 of the 2024 Act.

Prohibition on granting planning permission , infrastructure consent or subsequent consent without environmental impact assessment

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A relevant planning authority or the Welsh Ministers or examining authority or an inspector must not grant planning permission , infrastructure consent or subsequent consent for EIA development unless an environmental impact assessment has been carried out in respect of that development.

Environmental impact assessment

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• (1) The environmental impact assessment is a process consisting of—

• (a) the preparation of an environmental statement by the person seeking or initiating planning permission , or seeking infrastructure consent;

• (b) any consultation, publication and notification required by Parts 5, 9 and where relevant, Part 12 of these Regulations, the 2012 Order , the 2025 Application Regulations or the 2025 Examination Regulations in respect of EIA development; and

• (c) the steps required under regulation 25(1).

• (2) The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of each individual case, the direct and indirect significant effects of proposed development on the following—

• (a) population and human health;

• (b) biodiversity, with particular attention to species and habitats protected under EU-derived domestic legislation which transposed Directive 92/43/EEC and Directive 2009/147/EC as may be amended from time to time;

• (c) land, soil, water, air and climate;

• (d) material assets, cultural heritage and the landscape; and

• (e) the interaction between the factors listed in sub-paragraphs (a) to (d).

• (3) The effects referred to in paragraph (2) on the factors set out in that paragraph must include—

• (a) the operational effects of the proposed development, where the proposed development will have operational effects; and

• (b) the expected effects deriving from the vulnerability of the proposed development to risks of major accidents and disasters that are relevant to that development.

• (4) The relevant planning authority or the Welsh Ministers, as the case may be, must ensure that they have, or have access as necessary to, sufficient expertise to examine the environmental statement.

PART 2 — Screening

General provisions relating to screening

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• (1) Subject to paragraphs (3) and (4), the occurrence of an event mentioned in paragraph (2) determines for the purpose of these Regulations that development is EIA development.

• (2) The events referred to in paragraph (1) are—

• (a) the submission by the applicant or appellant in relation to that development of a statement referred to by the applicant or appellant as an environmental statement for the purposes of these Regulations; or

• (b) the adoption by the relevant planning authority of a screening opinion to the effect that the development is EIA development.

• (3) A direction of the Welsh Ministers determines for the purpose of these Regulations whether development is or is not EIA development.

• (4) The Welsh Ministers may direct that these Regulations do not apply in relation to a particular proposed development specified in the direction—

• (a) in exceptional circumstances, without prejudice to regulations 56 and 57 and where in the opinion of the Welsh Ministers the application of these Regulations would adversely affect the purpose of the development;