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

• (1) If a development comprises or forms part of a project having national defence as its sole purpose and in the opinion of the Secretary of State compliance with the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 would have an adverse effect on those purposes, the Secretary of State may direct that those Regulations shall not apply to a project specified in the direction.

• (2) The Secretary of State must notify the Scottish Ministers prior to making a direction under paragraph (1).

• (3) The Secretary of State must send a copy of a direction made under paragraph (1) to the Scottish Ministers and the relevant planning authority.

Projects serving national defence purposes in Wales

61

• (1) If a development comprises or forms part of a project having national defence as its sole purpose and in the opinion of the Secretary of State compliance with the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 would have an adverse effect on those purposes, the Secretary of State may direct that these Regulations shall not apply to a project specified in the direction.

• (2) The Secretary of State must notify the Welsh Ministers prior to making a direction under paragraph (1).

• (3) The Secretary of State must send a copy of a direction made under paragraph (1) to the Welsh Ministers and the relevant planning authority.

Projects serving national defence purposes in Northern Ireland

62

• (1) If a development comprises or forms part of a project having national defence as its sole purpose and in the opinion of the Secretary of State compliance with the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2015 would have an adverse effect on those purposes, the Secretary of State may direct that those Regulations shall not apply to a project specified in the direction.

• (2) The Secretary of State must notify the Department of Infrastructure prior to making a direction under paragraph (1).

• (3) The Secretary of State must send a copy of a direction made under paragraph (1) to the Department for Infrastructure.

• (4) Where the Department for Infrastructure receives a copy of a direction as described in paragraph (2), but it is not, or would not be, the body responsible for determining an application for planning permission for the development in question, it must send a copy of the direction to the relevant district council.

Exemptions

63

• (1) The Secretary of State may direct that a proposed development is exempt from the requirements of these Regulations where—

• (a) the circumstances are exceptional and the Secretary of State considers that—

• (i) compliance with these Regulations in respect of the development would have an adverse effect on the fulfilment of the development's purpose; and

• (ii) (despite an EIA not being carried out) the objectives of the Directive will be met; or

• (b) the development comprises or forms part of a development having national defence as its sole purpose, or comprises a development having the response to civil emergencies as its sole purpose, and in the opinion of the Secretary of State compliance with these Regulations would have an adverse effect on those purposes.

• (2) Where a direction is given under paragraph (1) the Secretary of State must send a copy of that direction to the relevant planning authority.

• (3) The Secretary of State must not make a direction under paragraph (1)(a) that a project is exempt unless—

• (a) the Secretary of State has considered whether another form of assessment is appropriate; and

• (b) where the Secretary of State considers that the development is likely to have significant effects on the environment in an EEA State, or where an EEA State likely to be significantly affected so requests, the Secretary of State has carried out a form of consultation with that EEA State broadly equivalent to the form described in regulation 58 or 59, as appropriate, or is satisfied that such an equivalent consultation has been carried out, before planning permission or subsequent consent is granted in respect of the development.

• (4) After the Secretary of State directs that a development is exempt under paragraph (1)(a), the Secretary of State must as soon as practicable make available to the public—

• (a) the determination, including an explanation of the reasons for it; and

• (b) the information obtained under any other assessment considered appropriate by the Secretary of State under paragraph (3)(a).

• (5) Before planning permission or subsequent consent is given in respect of a development which is exempt under paragraph (1)(a), the relevant planning authority or Secretary of State, as appropriate, must take into account the results of —

• (a) any other assessment considered appropriate by the Secretary of State under paragraph (3)(a); and

• (b) any consultation with an EEA State carried out under paragraph (3)(b) about the development.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) The effect of a direction under paragraph (1) is that these Regulations do not apply to it save to the extent set out in this regulation.

PART 12 — Miscellaneous

Objectivity and bias

64

• (1) Where an authority or the Secretary of State has a duty under these Regulations, they must perform that duty in an objective manner and so as not to find themselves in a situation giving rise to a conflict of interest.

• (2) Where an authority, or the Secretary of State, is bringing forward a proposal for development and that authority or the Secretary of State, as appropriate, will also be responsible for determining its own proposal, the relevant authority or the Secretary of State must make appropriate administrative arrangements to ensure that there is a functional separation, when performing any duty under these Regulations, between the persons bringing forward a proposal for development and the persons responsible for determining that proposal.

Service of notices etc

65

Any notice or other document to be sent, served or given under these Regulations may be served or given in a manner specified in section 329 (service of notices) of the Act.

Application to the High Court

66

For the purposes of Part 12 of the Act (validity), the reference in section 288 of the Act (Proceedings for questioning the validity of other orders, decisions and directions) to action of the Secretary of State which is not within the powers of the Act shall be taken to extend to a grant of planning permission or subsequent consent by the Secretary of State in contravention of regulation 3 or 36.

Hazardous waste and material change of use

67

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 Act (meaning of “development” and “new development”) .

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

68

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

• (a) the authority has notified an applicant in accordance with regulation 11(1) that the submission of an environmental statement is required; and

• (b) the Secretary of State has given a screening direction in relation to the development in question,

no account shall be taken of any period before the issuing of the direction.

• (2) Subject to paragraph (3), where it falls to an authority to determine an EIA application, articles 27 (applications made under planning condition) and 34 (time periods for decision) of the Order shall have effect as if for each of the references in article 27(2) and 34(2)(a) and (b) to a period of 8 and 13 weeks respectively there were substituted a reference to a period of 16 weeks.

• (3) Where it falls to an authority to determine an application for technical details consent for EIA development, article 34 (time periods for decisions) of the Order shall have effect as if for each reference in article 34(2) to a period of 5 or 10 weeks respectively there were substituted a reference to a period of 16 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

69

The provisions enabling the Secretary of State to give directions which may be included in a development order by virtue of section 60 (permission granted by development order) of the Act shall include provisions enabling the Secretary of State 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

70

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

• (2) In regulation 13 (application referred to the Secretary of State without an environmental statement)—

• (a) in paragraph (1)—

• (i) before “referred” insert “ made or ”; and

• (ii) before “referral” insert “ making or the ”; and

• (b) in paragraph (3), for “application referred” substitute “ application made or referred ”.

Review

71

• (1) The Secretary of State must from time to time—

• (a) carry out a review of the regulatory provision contained in these Regulations; and

• (b) publish a report setting out the conclusions of the review.

• (2) The first report must be published before 16th May 2022.

• (3) Subsequent reports must be published at intervals not exceeding 5 years.

• (4) Section 30(3) of the Small Business, Enterprise and Employment Act 2015 requires that a review carried out under this regulation must, so far as is reasonable, have regard to how the obligations under the Directive are implemented in other Member States.

• (5) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must in particular—

• (a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

• (b) assess the extent to which those objectives are achieved;

• (c) assess whether those objectives remain appropriate; and

• (d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves a less onerous regulatory provision.

• (6) In this regulation “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).

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

72

• (1) The Order is amended in accordance with paragraphs (2) to (9).

• (2) In article 2—

• (a) for the definition of “the 2011 Regulations” substitute—

the 2017 Regulations” means the Town and Country Planning (Environmental Impact Assessment) Regulations 2017;

; and

• (b) in the definition of “EIA application”, for “2011” substitute “ 2017 ”.

• (3) In article 15—

• (a) after paragraph (1) insert—

(1A) In the case of any EIA application accompanied by an environmental statement, the application must be publicised in accordance with the requirements of paragraph (7) and by giving requisite notice— (a) by site display in at least one place on or near the land to which the application relates for not less than 30 days; and (b) by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated.

• (b) omit paragraph (2)(a);

• (c) in paragraph (4), for “not a paragraph (2) application” substitute “ neither an application to which paragraph (1A) applies nor a paragraph (2) application ”;

• (d) in paragraph (5), for “neither paragraph (2) nor paragraph (4)” substitute “ , paragraph (1A), (2) or (4) ”;

• (e) in paragraph (6), after “or (5)(a)” insert “ , or before the period of 30 days referred to in paragraph (3A)(a), ”; and

• (f) in paragraph (7)—

• (i) after sub-paragraph (b), insert—

(ba) in the case of EIA application accompanied by an environmental statement, that statement;

and

• (ii) in sub-paragraph (c), after “14 days” insert “ , or in the case of an EIA application accompanied by an environmental statement 30 days, ”.

• (4) In article 31(2), for “2011” substitute “ 2017 ”.

• (5) In article 33(1)—

• (a) in sub-paragraph (a), after “21 days” insert “ , or in the case of an EIA application accompanied by an environmental statement 30 days, ”; and

• (b) in sub-paragraph (c), after “14 days” insert “ , or in the case of an EIA application accompanied by an environmental statement 30 days, ”.

• (6) In article 34(9)—

• (a) in sub-paragraph (a), after “21 days” insert “ , or in the case of an EIA application accompanied by an environmental statement 30 days, ”; and

• (b) in sub-paragraph (c), after “14 days” insert “ , or in the case of an EIA application accompanied by an environmental statement 30 days, ”.

• (7) Omit article 35(4).

• (8) In article 38(12) for “2011” substitute “ 2017 ”.

• (9) In the second notice set out in Schedule 3, in the bottom box beginning with the word “Insert”, in paragraph (f)—

• (a) for “21” substitute “ 30 ”; and

• (b) omit “a period of 14 days, beginning with the date”.

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

73

• (1) Article 3 of the Town and Country Planning (General Permitted Development) (England) Order 2015 is amended in accordance with paragraph (2).

• (2) In paragraph (10)—

• (a) for “the Town and Country Planning (Environmental Impact Assessment) Regulations 2011” substitute “ the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 ”; and

• (b) in sub-paragraphs (a) and (b) after each reference to “EIA development” insert “ within the meaning of those Regulations ”.

• (3) In paragraph (11) after “EIA development” in each place where it occurs in sub-paragraphs (a) and (b) insert “ within the meaning of those Regulations ”.

• (4) In paragraphs (10) and (11)—

• (a) for “regulation 5” substitute “ regulation 6 ”;

• (b) for “regulation 4(7) or 6(4)” substitute “ regulation 5(3) ”; and

• (c) for “regulation 4(4)” substitute “ regulation 63(1)(a) ”.

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

74

• (1) The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013 is amended in accordance with paragraphs (2) to (7).

• (2) In article 2, for the definition of “EIA development” substitute—

• (3) “ “EIA application”, “EIA development”, “environmental information” and “environmental statement” have the meanings given in regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017;”;

• (4) In article 13(4)(c), after “14 days” insert “ , or in the case of an EIA application accompanied by an environmental statement 30 days, ”.

• (5) In article 14—

• (a) in paragraph (2)(a) after “21 days” insert “ , or in the case of an EIA application accompanied by an environmental statement 30 days ”;

• (b) in paragraph (3)(a)(i) after “21 days” insert “ , or in the case of an EIA application accompanied by an environmental statement 30 days ”; and

• (c) in paragraph (2), for “21 day period” substitute “ 21 or 30 day period, as appropriate, and as ”.

• (6) In article 23—

• (a) in paragraph (4), for “The Secretary of State” substitute “ Subject to paragraph (4A), the Secretary of State ”; and

• (b) after paragraph (4), insert—

(4A) In the case of an EIA application accompanied by an environmental statement, the Secretary of State must not determine a relevant application, where any notice of, or information about, the application has been— (a) published on a website under article 13(1), within the period of 30 days beginning with the date on which the information was published; (b) published in a newspaper under article 13(2), within the period of 30 days beginning with the date on which the notice was published; or (c) given by site display under article 14, within the period of 30 days beginning with the date when the notice was first displayed by site display.

• (7) Omit article 24(2).

• (8) In the notice set out in Schedule 2, in the bottom box beginning with the word “Insert”, in paragraph (e) after “21 days,” insert “ or in the case of an EIA application accompanied by an environmental statement 30 days, ”.

Amendment of the Neighbourhood Planning (General) Regulations 2012

75

• (1) The Neighbourhood Planning (General) Regulations 2012 are amended in accordance with paragraphs (2) to (4).

• (2) In regulation 3, in the definition of “EIA Regulations”, for “2011” substitute “ 2017 ”.

• (3) For regulation 23(2) substitute—

(2) As soon as possible after receiving an order proposal to which regulation 33 of the EIA Regulations applies, the local planning authority must, in addition to any publicity required under paragraph (1), publicise the information described in paragraph (1)(a) and the environmental statement submitted in accordance with the EIA Regulations by giving notice— (a) by site display in at least one place on or near the land to which the order proposal relates for not less than 30 days; (b) by publication of the notice in a newspaper circulating in the locality in which the land to which the order proposal relates is situated; and (c) by publication on a website maintained by or on behalf of the authority.

• (4) In regulation 24(c), for “regulation 29A” substitute “ regulation 33 ”.

Revocation and transitional provisions

76

• (1) Subject to paragraphs (2) to (4), the 2011 Regulations are revoked.

• (2) Notwithstanding the revocation in paragraph (1), the 2011 Regulations continue to apply where before the commencement of these Regulations—

• (a) an applicant, appellant or qualifying body, as the case may be, has submitted an environmental statement or requested a scoping opinion; or

• (b) in respect of local development orders, the local planning authority has in connection with that order prepared an environmental statement or a scoping opinion or requested a scoping direction.

• (3) Notwithstanding the revocation in paragraph (1), Parts 1 and 2 of the 2011 Regulations continue to apply to—

• (a) requests for a screening opinion or direction;

• (b) screening opinions adopted by the relevant planning authority; and

• (c) screening directions made by the Secretary of State;

where, before the coming into force of these Regulations, such requests were made or the relevant planning authority or the Secretary of State, as the case may be, initiated the making or adoption of such screening opinions or screening directions.

• (4) In this regulation—

• “the 2011 Regulations” means the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 ; and

• “environmental statement”, “scoping direction”, “scoping opinion”, “screening direction and “screening opinion” have the meanings given by regulation 2 of the 2011 Regulations.

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

Interpretation

In this Schedule—

• “airport” means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14)[^f00081];

• “express road” means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15th November 1975[^f00082]; and

• “nuclear power station” and “other nuclear reactor” 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 to be treated as development of the description mentioned in paragraph 2(2) 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 1 Thermal power stations and other combustion installations with a heat output of 300 megawatts or more. 2 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 1 Installations for the reprocessing of irradiated nuclear fuel. 2 Installations designed— a for the production or enrichment of nuclear fuel; b for the processing of irradiated nuclear fuel or high‑level radioactive waste; c for the final disposal of irradiated nuclear fuel; d solely for the final disposal of radioactive waste; e solely for the storage (planned for more than ten years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

4 1 Integrated works for the initial smelting of cast‑iron and steel. 2 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; or f for the production of explosives.

7 1 Construction of lines for long‑distance railway traffic and of airports with a basic runway length of 2,100 metres or more. 2 Construction of motorways and express roads. 3 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 1 Inland waterways and ports for inland‑waterway traffic which permit the passage of vessels of over 1,350 tonnes. 2 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 I to Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste[^f00083] under heading D9), or landfill of hazardous waste as defined in Article 3(2) of that Directive.

10 Waste disposal installations for the incineration or chemical treatment (as defined in Annex I to Directive 2008/98/EC 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 1 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. 2 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(6) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment[^f00084].

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— a gas, oil or chemicals; or b carbon dioxide streams for the purposes of geological storage, including associated booster stations.

17 Installations for the intensive r earing 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;or 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 Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km.

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

22 Storage sites pursuant to Directive 2009/31/EC[^f00085] of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide.

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

24 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” includes any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for construction or installation;

• “controlled waters” has the same meaning as in the Water Resources Act 1991; and

• “floorspace” means the floorspace in a building or buildings.

SCHEDULE 3 — SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT

Characteristics of development

1

The characteristics of development must be considered with particular regard to—

• (a) the size and design of the whole development;

• (b) cumulation with other existing development and/or approved development;

• (c) the use of natural resources, in particular land, soil, water and biodiversity;

• (d) the production of waste;

• (e) pollution and nuisances;

• (f) the risk of major accidents and/or disasters relevant to the development concerned, including those caused by climate change, in accordance with scientific knowledge;

• (g) the risks to human health (for example, due to water contamination or air pollution).

Location of development

2

• (1) The environmental sensitivity of geographical areas likely to be affected by development must be considered, with particular regard, to—

• (a) the existing and approved land use;

• (b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;

• (c) the absorption capacity of the natural environment, paying particular attention to the following areas—

• (i) wetlands, riparian areas, river mouths;

• (ii) coastal zones and the marine environment;

• (iii) mountain and forest areas;

• (iv) nature reserves and parks;

• (v) European sites and other areas classified or protected under national legislation;

• (vi) areas in which there has already been a failure to meet the environmental quality standards, laid down in assimilated law and relevant to the project, or in which it is considered that there is such a failure;

• (vii) densely populated areas;

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

Types and characteristics of the potential impact

3

The likely significant effects of the development on the environment must be considered in relation to criteria set out in paragraphs 1 and 2 above, with regard to the impact of the development on the factors specified in regulation 4(2), taking into account—

• (a) the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);

• (b) the nature of the impact;

• (c) the transboundary nature of the impact;

• (d) the intensity and complexity of the impact;

• (e) the probability of the impact;

• (f) the expected onset, duration, frequency and reversibility of the impact;

• (g) the cumulation of the impact with the impact of other existing and/or approved development;

• (h) the possibility of effectively reducing the impact.

SCHEDULE 4 — INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS

1

A description of the development, including in particular:

• (a) a description of the location of the development;

• (b) a description of the physical characteristics of the whole development, including, where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases;

• (c) a description of the main characteristics of the operational phase of the development (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;

• (d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation and quantities and types of waste produced during the construction and operation phases.

2

A description of the reasonable alternatives (for example in terms of development design, technology, location, size and scale) studied by the developer, which are relevant to the proposed project and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.

3

A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without implementation of the development as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge.

4

A description of the factors specified in regulation 4(2) likely to be significantly affected by the development: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape.

5

A description of the likely significant effects of the development on the environment resulting from, inter alia:

• (a) the construction and existence of the development, including, where relevant, demolition works;

• (b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

• (c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

• (d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);

• (e) the cumulation of effects with other existing and/or approved projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

• (f) the impact of the project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change;

• (g) the technologies and the substances used.

6

A description of the forecasting methods or evidence, used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved.

7

A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-project analysis). That description should explain the extent, to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and should cover both the construction and operational phases.

8

A description of the expected significant adverse effects of the development on the environment deriving from the vulnerability of the development to risks of major accidents and/or disasters which are relevant to the project concerned. Relevant information available and obtained through risk assessments pursuant to assimilated law such as any law that implemented Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom or UK environmental assessments may be used for this purpose provided that the requirements of any law that implemented this Directive are met. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.

9

A non-technical summary of the information provided under paragraphs 1 to 8.

10

A reference list detailing the sources used for the descriptions and assessments included in the environmental statement.

Signed

Signed by authority of the Secretary of State for Communities and Local Government

Gavin Barwell — Minister of State — 2017-04-18

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: S.I. 2008/301.

[^f00002]: 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

[^f00003]: 1990 c.8. Section 71A was inserted by section 15 of the 1991 Act, and was amended by paragraph 16 of Schedule 12 to the Housing and Planning Act 2016 (c. 22) and S.I. 2011/1043.

[^f00004]: OJ No. L 26, 28.1.2012, p.1.

[^f00005]: Regulations 60 to 62 relate to the Secretary of State’s power to direct that the Regulations shall not apply to development that constitutes or forms part of a project having national defence as its sole purpose. The decision as to whether a direction should be made in respect of projects situated in the devolved administrations will be taken by the Secretary of State.

[^f00006]: 1991 c. 34.

[^f00007]: 1995 c. 25.

[^f00008]: 1990 c. 8.

[^f00009]: Established under section 1 of the Marine and Coastal Access Act 2009 (c. 23).

[^f00010]: See section 41 of the Marine and Coastal Access Act 2009.

[^f00011]: See section 84(4) of the Energy Act 2004 (c. 20), substituted by the Marine and Coastal Access Act 2009.

[^f00012]: 1964 c. 29. Section 1(7) was amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c. 23) and section 103 of the Energy Act 2011 (c. 16).

[^f00013]: Established under section 1 of the Natural Environment and Rural Communities Act 2006 (c. 16).

[^f00014]: Established under section 1 of the Environment Act 1995 (c. 25).

[^f00015]: OJ No. L 26, 28.1.2012, p. 1-21. Council Directive 2011/92/EU has been amended by Council Directive 2014/52/EU, OJ No. L 124, 25.4.2014, p. 1–18.

[^f00016]: S.I. 2010/490. See regulation 8 which was amended by S.I. 2012/1927.

[^f00017]: 1972 c. 68. Section 2(1) was amended by section 3(3), and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

[^f00018]: Schedule 6 was amended by sections 32 and 84 of, paragraph 54 of Schedules 7, and Part I of Schedule 19 to the 1991 Act; paragraph 44 of Schedule 22 to the 1995 Act; sections 196 and 198 of, and paragraphs 1 and 14 of Schedule 10 to, the Planning Act 2008 (c. 29); sections 2 and 7 of, and paragraphs 1 and 9 of Schedule 2 to, the Growth and Infrastructure Act 2013 (c. 27); and section 51 of and paragraphs 8 and 16 of Schedule 5 to the Planning (Wales) Act 2015 (anwa. 4).

[^f00019]: Section 61A of the Act was inserted by section 40 of the Planning and Compulsory Purchase Act 2004 (c. 5) and amended by sections 188 and 238 of, and Schedule 13 to, the Planning Act 2008 (c. 29).

[^f00020]: Section 61E of the Act was inserted by section 116(1) of, and paragraphs 1 and 2 of Schedule 9 to, the Localism Act 2011 (c. 20) and amended by section 140 of the Housing and Planning Act 2016 (c. 22).

[^f00021]: S.I. 2015/595.

[^f00022]: Schedule 4B to the Act was inserted by section 116 of, and Schedule 10 to, the Localism Act 2011 and amended by sections 140 and 141 of the Housing and Planning Act 2016.

[^f00023]: 1972 c. 70.

[^f00024]: Section 62A of the Act was inserted by section 1 of the Growth and Infrastructure Act 2013 and amended by section 153 of the Housing and Planning Act 2016.

[^f00025]: Section 77 of the Act was amended by section 32 of, and paragraph 18 of Schedule 7 to, the 1991 Act; section 112 of, and paragraphs 1 and 10 of Schedule 12 to, the Localism Act 2011; section 190 of the Planning Act 2008; section 30 of, and paragraphs 2 and 11 of Part 2 of Schedule 4 to, the Infrastructure Act 2015 (c. 7); and section 150 of, and paragraphs 1 and 20 of Schedule 12 to, the Housing and Planning Act 2016.

[^f00026]: Paragraph 9 of Schedule 13 to the 1995 Act was amended by S.I. 2003/956.

[^f00027]: Paragraph 6 of Schedule 14 to the 1995 Act was amended by S.I. 2003/956.

[^f00028]: 1981 c. 69. Section 28 was substituted by section 75(1) of, and paragraph 1 of Schedule 9 to, the Countryside and Rights of Way Act 2001 (c. 37) and amended by section 105(1) of, and paragraph 79 of Part 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16); and section 148 of, and paragraph 2 of Part 2 of Schedule 13 to, the Marine and Coastal Access Act 2009 (c. 23).

[^f00029]: 1948 c. 97. See section 5(3).

[^f00030]: See the Norfolk and Suffolk Broads Act 1988 (c. 4).

[^f00031]: See Command Paper 9424.

[^f00032]: 1979 c. 46. See the definition in section 1(11).

[^f00033]: 2000 c. 37. Section 82 was amended by section 105 of, and paragraph 163 of Part I of Schedule 11 to, the Natural Environment and Rural Communities Act 2006; and S.I. 2013/755.

[^f00034]: OJ No. L 206, 22.7.1992, p. 7.

[^f00035]: OJ No. L 20, 26.1.2010, p. 7.

[^f00036]: 2008 c. 18.

[^f00037]: 2017 c.7.

[^f00038]: Section 78 has been amended by section 17 of the 1991 Act; section 43 of the Planning and Compulsory Purchase Act 2004; sections 196 and 197 of, paragraphs 1 and 3 of Schedule 10 to, and paragraphs 1 and 2 of Schedule 11 to, the Planning Act 2008; sections 121 and 123 of, and paragraphs 1 and 11 of Schedule 12 to, the Localism Act 2011; section 1 of, and paragraphs 1 and 8 of Schedule 1 to, the Growth and Infrastructure Act 2013; article 3 of, and paragraphs 1 and 3 of Schedule 1 to, S.I. 2014/2773; section 30 of, and paragraphs 2 and 12 of Part 2 of Schedule 4 to, the Infrastructure Act 2015; and section 150 of, and paragraphs 1 and 21 of Schedule 12 to, the Housing and Planning Act 2016.

[^f00039]: S.I. 2004/3391 to which there are amendments not relevant to these Regulations.

[^f00040]: Section 77 has been amended by section 32 of, and paragraph 18 of Schedule 7 to, the 1991 Act; section 196 of, and paragraphs 1 and 2 of Schedule 10 to, the Planning Act 2008; section 121 of, and paragraphs 1 and 10 of Schedule 12 to, the Localism Act 2011; section 30 of, and paragraphs 2 and 11 of Part 2 of Schedule 4 to, the Infrastructure Act 2015; and section 150 of, and paragraphs 1 and 20 of Schedule 12 to, the Housing and Planning Act 2016.

[^f00041]: Section 78 has been amended by section 17 of the 1991 Act; section 43 of the Planning and Compulsory Purchase Act 2004; sections 196 and 197 of, paragraphs 1 and 3 of Schedule 10 to, and paragraphs 1 and 2 of Schedule 11 to, the Planning Act 2008; sections 121 and 123 of, and paragraphs 1 and 11 of Schedule 12 to, the Localism Act 2011; section 1 of, and paragraphs 1 and 8 of Schedule 1 to, the Growth and Infrastructure Act 2013; article 3 of, and paragraphs 1 and 3 of Schedule 1 to, S.I. 2014/2773; section 30 of, and paragraphs 2 and 12 of Part 2 of Schedule 4 to, the Infrastructure Act 2015; and section 150 of, and paragraphs 1 and 21 of Schedule 12 to, the Housing and Planning Act 2016.

[^f00042]: S.I. 2013/2140. Article 14 was amended by articles 3 and 5 of S.I. 2014/1532.

[^f00043]: S.I. 2010/490. Regulation 61 was amended by S.I. 2012/1927.

[^f00044]: See section 83 of, and Schedule 7 to, the 1990 Act.

[^f00045]: See sections 88 and 89 of the 1990 Act, and Schedule 32 to the Local Government, Planning and Land Act 1980 (c. 65).

[^f00046]: Schedule 4B to the Act was inserted by section 116 of, and Schedule 10 to, the Localism Act 2011 and amended by sections 140 and 141 of the Housing and Planning Act 2016.

[^f00047]: S.I. 2012/637 which was amended by S.I. 2015/20 and 2016/873.

[^f00048]: S.I. 2012/637 which was amended by S.I. 2015/20 and 2016/873.

[^f00049]: Section 172 was substituted by section 5 of the Planning and Compensation Act 1991 (c.34).

[^f00050]: Section 171BA was inserted by section 124 of the Localism Act 2011 (c.20).

[^f00051]: Section 171C was inserted by section 1 of the Planning and Compensation Act 1991, and amended by S.I. 2003/956.

[^f00052]: Section 171E was inserted by section 52 of the Planning and Compulsory Purchase Act 2004 (c.5).

[^f00053]: Section 183 was amended by section 9 of the Planning and Compensation Act 1991.

[^f00054]: Section 187A was inserted by section 2 of the Planning and Compensation Act 1991, and amended by section 126 of the Localism Act 2011.

[^f00055]: Section 187B was inserted by section 3 of the Planning and Compensation Act 1991.

[^f00056]: Section 177 was amended by sections 6 and 32 of, and paragraph 24 of Schedule 7 to, the Planning and Compensation Act 1991; and by section 123 of the Localism Act 2011.

[^f00057]: Section 174 was amended by sections 6, 32 and 84 of, and paragraph 22 of Part 1 of Schedule 19 to, the Planning and Compensation Act 1991; S.I. 2003/956; section 123 of the Localism Act 2011; and section 63 of, and paragraphs 2 and 5 of Schedule 17 to, the Enterprise and Regulatory Reform Act 2013 (c.24).

[^f00058]: Section 78 has been amended by section 17 of the 1991 Act; section 43 of the Planning and Compulsory Purchase Act 2004; sections 196 and 197 of, paragraphs 1 and 3 of Schedule 10 to, and paragraphs 1 and 2 of Schedule 11 to, the Planning Act 2008; sections 121 and 123 of, and paragraphs 1 and 11 of Schedule 12 to, the Localism Act 2011; section 1 of, and paragraphs 1 and 8 of Schedule 1 to, the Growth and Infrastructure Act 2013; article 3 of, and paragraphs 1 and 3 of Schedule 1 to, S.I. 2014/2773; section 30 of, and paragraphs 2 and 12 of Part 2 of Schedule 4 to, the Infrastructure Act 2015; and section 150 of, and paragraphs 1 and 21 of Schedule 12 to, the Housing and Planning Act 2016.

[^f00059]: Section 177 was amended by sections 6 and 32 of, and paragraph 24 of Schedule 7 to, the 1991 Act; and by section 123 of the Localism Act 2011.

[^f00060]: The provisions of the Order are not applied to applications under paragraph 9(1) of Schedule 13 to the 1995 Act as they are applied by paragraph 9(5) of Schedule 13 to the 1995 Act.

[^f00061]: Section 69 of the Act was substituted by section 118 of, and paragraphs 1 and 3 of Schedule 6 to, the Planning and Compulsory Purchase Act 2004 and amended by section 112 of, and paragraphs 1 and 7 of Schedule 12 to, the Localism Act 2011; section 190 of the Planning Act 2008; section 30 of, and paragraphs 2 and 8 of Part 2 of Schedule 4 to, the Infrastructure Act 2015 (c. 7); and section 150 of, and paragraphs 1 and 10 of Schedule 12 to, the Housing and Planning Act 2016.

[^f00062]: Paragraph 5 was amended by section 198 of the Planning Act 2008.

[^f00063]: Regulation 11 was amended by S.I. 1999/1810 and 1999/1892.

[^f00064]: S.I. 1992/1492. Relevant amending instruments are S.I. 1992/1982, 1997/3006, 1998/2800, 1999/1892, 2011/1589, 2013/2145, and 2015/807.

[^f00065]: Paragraph 3 was amended by section 21 of, and paragraph 15 of Schedule 1 to, the 1991 Act.

[^f00066]: S.S.I. 2017/102.

[^f00067]: S.I. 2017/567 (W.134).

[^f00068]: S.R. (NI) 2015 No. 74.

[^f00069]: Section 329 was amended by section 32 of, and paragraph 51 of Schedule 7 to, the 1991 Act; S.I. 2003/956; and section 192 of, and paragraphs 7 and 18 of Schedule 8 to, the Planning Act 2008.

[^f00070]: Section 288 was amended by section 91 of, and paragraphs 1 and 4 of Schedule 16 to, the Criminal Justice and Courts Act 2015 (c. 2).

[^f00071]: Section 55 was amended by sections 13, 14, 31 and 84 of, paragraph 9 of Schedule 6 to, and Parts I and II of Schedule 19 to, the 1991 Act; S.I. 1999/293; sections 49, 118 and 120 of, paragraphs 1 and 2 of Schedules 6 to, and Schedule 9 to, the Planning and Compulsory Purchase Act 2004.

[^f00072]: Section 78 has been amended by section 17 of the Planning and Compensation Act 1991; section 43 of the Planning and Compulsory Purchase Act 2004; sections 196 and 197 of, paragraphs 1 and 3 of Schedule 10 to, and paragraphs 1 and 2 of Schedule 11 to, the Planning Act 2008; sections 121 and 123 of, and paragraphs 1 and 11 of Schedule 12 to, the Localism Act 2011; section 1 of, and paragraphs 1 and 8 of Schedule 1 to, the Growth and Infrastructure Act 2013; article 3 of, and paragraphs 1 and 3 of Schedule 1 to, S.I. 2014/2773; section 30 of, and paragraphs 2 and 12 of Part 2 of Schedule 4 to, the Infrastructure Act 2015; and section 150 of, and paragraphs 1 and 21 of Schedule 12 to, the Housing and Planning Act 2016.

[^f00073]: An application for technical details consent is a form of application for planning permission, see section 70(2ZZB) of the 1990 Act, which was inserted by section 150(3) of the Housing and Planning Act 2016 (c. 22).

[^f00074]: Section 60 was amended by section 4 of the Growth and Infrastructure Act 2013, and by section 152 of the Housing and Planning Act 2016.

[^f00075]: 2015 c.26. Section 30(3) was amended by section 19 of the Enterprise Act 2016 (c.12).

[^f00076]: S.I. 2015/595.

[^f00077]: S.I. 2015/596 amended by S.I. 2016/332 and 2016/1040.

[^f00078]: S.I. 2013/2140. Articles 13 and 14 were substituted by S.I. 2016/944.

[^f00079]: S.I. 2012/637 which was amended by S.I. 2015/20 and 2016/873.

[^f00080]: S.I. 2011/1824.

[^f00081]: Command Paper 6614.

[^f00082]: Command Paper 6993.

[^f00083]: OJ No. L 312, 22.11.2008, p.3.

[^f00084]: OJ No. L 135, 30.5.1991, p.40, last amended by Regulation (EC) No. 1137/2008 (O.J. No. L 311, 21.11.2008, p.1).

[^f00085]: OJ L 140, 5.6.2009, p. 114.

[^f00086]: 1991 c. 37 (see section 104).

[^f00087]: S.I. 2016/1154.

[^f00088]: OJ No. L 206, 22.7.1992, p.7.

[^f00089]: OJ No. L 20, 26.1.2010, p.7.

[^f00090]: OJ No. L 197, 24.7.2012, p. 1.

[^f00091]: OJ No. L 172, 2.7.2009, p. 18.

[^f00092]: S.I. 2011/1824.

[^f00093]: OJ No. L 26, 28.1.2012, p. 1-21.

[^f00094]: OJ No. L 124, 25.4.2014, p. 1-18.

[^f00095]: OJ No. L 206, 22.7.1992, p.7.

[^f00096]: OJ No. L 20, 26.1.2010, p. 7.

[^f00097]: OJ No. L 124, 25.4.2014, p. 1-18.

Interpretation

In this Schedule—

• “airport” means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14) ;

• “express road” means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15th November 1975 ; and

• “nuclear power station” and “other nuclear reactor” 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(2) 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

• (1) Thermal power stations and other combustion installations with a heat output of 300 megawatts or more.

• (2) 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

• (1) Installations for the reprocessing of irradiated nuclear fuel.

• (2) Installations designed—

• (a) for the production or enrichment of nuclear fuel;

• (b) for the processing of irradiated nuclear fuel or high‑level radioactive waste;

• (c) for the final disposal of irradiated nuclear fuel;

• (d) solely for the final disposal of radioactive waste;

• (e) solely for the storage (planned for more than ten years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

4

• (1) Integrated works for the initial smelting of cast‑iron and steel.

• (2) 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; or

• (f) for the production of explosives.

7

• (1) Construction of lines for long‑distance railway traffic and of airports with a basic runway length of 2,100 metres or more.

• (2) Construction of motorways and express roads.

• (3) 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

• (1) Inland waterways and ports for inland‑waterway traffic which permit the passage of vessels of over 1,350 tonnes.

• (2) 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 I to Directive 2008/98/EC of the European Parliament and of the Council on waste, as last amended by Directive (EU) 2018/851, under heading D9), or landfill of hazardous waste as defined in Article 3(2) of that Directive.

10

Waste disposal installations for the incineration or chemical treatment (as defined in Annex I to Directive 2008/98/EC 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

• (1) 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.

• (2) 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(6) of Council Directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment .

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—

• (a) gas, oil or chemicals; or

• (b) carbon dioxide streams for the purposes of geological storage, including associated booster stations.

17

Installations for the intensive r earing 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;or

• (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

Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km.

21

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

22

Storage sites pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law that implemented Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide.

23

Installations for the capture of carbon dioxide streams for the purposes of geological storage (pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law that implemented Directive 2009/31/EC) from installations referred to in this Schedule, or where the total yearly capture of carbon dioxide is 1.5 megatonnes or more

24

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.

Editorial notes

[^c23016241]: S.I. 2008/301.

[^c23016251]: 1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

[^c23016261]: 1990 c.8. Section 71A was inserted by section 15 of the 1991 Act, and was amended by paragraph 16 of Schedule 12 to the Housing and Planning Act 2016 (c. 22) and S.I. 2011/1043.

[^c23016271]: OJ No. L 26, 28.1.2012, p.1.

[^c23016281]: Regulations 60 to 62 relate to the Secretary of State's power to direct that the Regulations shall not apply to development that constitutes or forms part of a project having national defence as its sole purpose. The decision as to whether a direction should be made in respect of projects situated in the devolved administrations will be taken by the Secretary of State.

[^c23016291]: 1991 c. 34.

[^c23016301]: 1995 c. 25.

[^c23016311]: 1990 c. 8.

[^c23016321]: Established under section 1 of the Marine and Coastal Access Act 2009 (c. 23).

[^c23016331]: See section 41 of the Marine and Coastal Access Act 2009.

[^c23016341]: See section 84(4) of the Energy Act 2004 (c. 20), substituted by the Marine and Coastal Access Act 2009.

[^c23016351]: 1964 c. 29. Section 1(7) was amended by section 37 of, and paragraph 1 of Schedule 3 to, the Oil and Gas (Enterprise) Act 1982 (c. 23) and section 103 of the Energy Act 2011 (c. 16).

[^c23016361]: Established under section 1 of the Natural Environment and Rural Communities Act 2006 (c. 16).

[^c23016371]: Established under section 1 of the Environment Act 1995 (c. 25).

[^c23016411]: Schedule 6 was amended by sections 32 and 84 of, paragraph 54 of Schedules 7, and Part I of Schedule 19 to the 1991 Act; paragraph 44 of Schedule 22 to the 1995 Act; sections 196 and 198 of, and paragraphs 1 and 14 of Schedule 10 to, the Planning Act 2008 (c. 29); sections 2 and 7 of, and paragraphs 1 and 9 of Schedule 2 to, the Growth and Infrastructure Act 2013 (c. 27); and section 51 of and paragraphs 8 and 16 of Schedule 5 to the Planning (Wales) Act 2015 (anwa. 4).

[^c23016421]: Section 61A of the Act was inserted by section 40 of the Planning and Compulsory Purchase Act 2004 (c. 5) and amended by sections 188 and 238 of, and Schedule 13 to, the Planning Act 2008 (c. 29).

[^c23016431]: Section 61E of the Act was inserted by section 116(1) of, and paragraphs 1 and 2 of Schedule 9 to, the Localism Act 2011 (c. 20) and amended by section 140 of the Housing and Planning Act 2016 (c. 22).

[^c23016441]: S.I. 2015/595.

[^c23016451]: Schedule 4B to the Act was inserted by section 116 of, and Schedule 10 to, the Localism Act 2011 and amended by sections 140 and 141 of the Housing and Planning Act 2016.

[^c23016461]: 1972 c. 70.

[^c23016471]: Section 62A of the Act was inserted by section 1 of the Growth and Infrastructure Act 2013 and amended by section 153 of the Housing and Planning Act 2016.

[^c23016481]: Section 77 of the Act was amended by section 32 of, and paragraph 18 of Schedule 7 to, the 1991 Act; section 112 of, and paragraphs 1 and 10 of Schedule 12 to, the Localism Act 2011; section 190 of the Planning Act 2008; section 30 of, and paragraphs 2 and 11 of Part 2 of Schedule 4 to, the Infrastructure Act 2015 (c. 7); and section 150 of, and paragraphs 1 and 20 of Schedule 12 to, the Housing and Planning Act 2016.

[^c23016491]: Paragraph 9 of Schedule 13 to the 1995 Act was amended by S.I. 2003/956.

[^c23016501]: Paragraph 6 of Schedule 14 to the 1995 Act was amended by S.I. 2003/956.

[^c23016511]: 1981 c. 69. Section 28 was substituted by section 75(1) of, and paragraph 1 of Schedule 9 to, the Countryside and Rights of Way Act 2001 (c. 37) and amended by section 105(1) of, and paragraph 79 of Part 1 of Schedule 11 to, the Natural Environment and Rural Communities Act 2006 (c. 16); and section 148 of, and paragraph 2 of Part 2 of Schedule 13 to, the Marine and Coastal Access Act 2009 (c. 23).

[^c23016521]: 1948 c. 97. See section 5(3).

[^c23016531]: See the Norfolk and Suffolk Broads Act 1988 (c. 4).

[^c23016541]: See Command Paper 9424.

[^c23016551]: 1979 c. 46. See the definition in section 1(11).

[^c23016561]: 2000 c. 37. Section 82 was amended by section 105 of, and paragraph 163 of Part I of Schedule 11 to, the Natural Environment and Rural Communities Act 2006; and S.I. 2013/755.

[^c23016571]: OJ No. L 206, 22.7.1992, p. 7.

[^c23016581]: OJ No. L 20, 26.1.2010, p. 7.

[^c23016611]: Section 78 has been amended by section 17 of the 1991 Act; section 43 of the Planning and Compulsory Purchase Act 2004; sections 196 and 197 of, paragraphs 1 and 3 of Schedule 10 to, and paragraphs 1 and 2 of Schedule 11 to, the Planning Act 2008; sections 121 and 123 of, and paragraphs 1 and 11 of Schedule 12 to, the Localism Act 2011; section 1 of, and paragraphs 1 and 8 of Schedule 1 to, the Growth and Infrastructure Act 2013; article 3 of, and paragraphs 1 and 3 of Schedule 1 to, S.I. 2014/2773; section 30 of, and paragraphs 2 and 12 of Part 2 of Schedule 4 to, the Infrastructure Act 2015; and section 150 of, and paragraphs 1 and 21 of Schedule 12 to, the Housing and Planning Act 2016.

[^c23016621]: S.I. 2004/3391 to which there are amendments not relevant to these Regulations.

[^c23016631]: Section 77 has been amended by section 32 of, and paragraph 18 of Schedule 7 to, the 1991 Act; section 196 of, and paragraphs 1 and 2 of Schedule 10 to, the Planning Act 2008; section 121 of, and paragraphs 1 and 10 of Schedule 12 to, the Localism Act 2011; section 30 of, and paragraphs 2 and 11 of Part 2 of Schedule 4 to, the Infrastructure Act 2015; and section 150 of, and paragraphs 1 and 20 of Schedule 12 to, the Housing and Planning Act 2016.

[^c23016641]: Section 78 has been amended by section 17 of the 1991 Act; section 43 of the Planning and Compulsory Purchase Act 2004; sections 196 and 197 of, paragraphs 1 and 3 of Schedule 10 to, and paragraphs 1 and 2 of Schedule 11 to, the Planning Act 2008; sections 121 and 123 of, and paragraphs 1 and 11 of Schedule 12 to, the Localism Act 2011; section 1 of, and paragraphs 1 and 8 of Schedule 1 to, the Growth and Infrastructure Act 2013; article 3 of, and paragraphs 1 and 3 of Schedule 1 to, S.I. 2014/2773; section 30 of, and paragraphs 2 and 12 of Part 2 of Schedule 4 to, the Infrastructure Act 2015; and section 150 of, and paragraphs 1 and 21 of Schedule 12 to, the Housing and Planning Act 2016.

[^c23016651]: S.I. 2013/2140. Article 14 was amended by articles 3 and 5 of S.I. 2014/1532.

[^c23016671]: See section 83 of, and Schedule 7 to, the 1990 Act.

[^c23016681]: See sections 88 and 89 of the 1990 Act, and Schedule 32 to the Local Government, Planning and Land Act 1980 (c. 65).

[^c23016691]: Schedule 4B to the Act was inserted by section 116 of, and Schedule 10 to, the Localism Act 2011 and amended by sections 140 and 141 of the Housing and Planning Act 2016.

[^c23016701]: S.I. 2012/637 which was amended by S.I. 2015/20 and 2016/873.

[^c23016711]: S.I. 2012/637 which was amended by S.I. 2015/20 and 2016/873.

[^c23016721]: Section 172 was substituted by section 5 of the Planning and Compensation Act 1991 (c.34).

[^c23016731]: Section 171BA was inserted by section 124 of the Localism Act 2011 (c.20).

[^c23016741]: Section 171C was inserted by section 1 of the Planning and Compensation Act 1991, and amended by S.I. 2003/956.

[^c23016751]: Section 171E was inserted by section 52 of the Planning and Compulsory Purchase Act 2004 (c.5).

[^c23016761]: Section 183 was amended by section 9 of the Planning and Compensation Act 1991.

[^c23016771]: Section 187A was inserted by section 2 of the Planning and Compensation Act 1991, and amended by section 126 of the Localism Act 2011.

[^c23016781]: Section 187B was inserted by section 3 of the Planning and Compensation Act 1991.

[^c23016791]: Section 177 was amended by sections 6 and 32 of, and paragraph 24 of Schedule 7 to, the Planning and Compensation Act 1991; and by section 123 of the Localism Act 2011.

[^c23016801]: Section 174 was amended by sections 6, 32 and 84 of, and paragraph 22 of Part 1 of Schedule 19 to, the Planning and Compensation Act 1991; S.I. 2003/956; section 123 of the Localism Act 2011; and section 63 of, and paragraphs 2 and 5 of Schedule 17 to, the Enterprise and Regulatory Reform Act 2013 (c.24).

[^c23016811]: Section 78 has been amended by section 17 of the 1991 Act; section 43 of the Planning and Compulsory Purchase Act 2004; sections 196 and 197 of, paragraphs 1 and 3 of Schedule 10 to, and paragraphs 1 and 2 of Schedule 11 to, the Planning Act 2008; sections 121 and 123 of, and paragraphs 1 and 11 of Schedule 12 to, the Localism Act 2011; section 1 of, and paragraphs 1 and 8 of Schedule 1 to, the Growth and Infrastructure Act 2013; article 3 of, and paragraphs 1 and 3 of Schedule 1 to, S.I. 2014/2773; section 30 of, and paragraphs 2 and 12 of Part 2 of Schedule 4 to, the Infrastructure Act 2015; and section 150 of, and paragraphs 1 and 21 of Schedule 12 to, the Housing and Planning Act 2016.

[^c23016821]: Section 177 was amended by sections 6 and 32 of, and paragraph 24 of Schedule 7 to, the 1991 Act; and by section 123 of the Localism Act 2011.

[^c23016831]: The provisions of the Order are not applied to applications under paragraph 9(1) of Schedule 13 to the 1995 Act as they are applied by paragraph 9(5) of Schedule 13 to the 1995 Act.

[^c23016841]: Section 69 of the Act was substituted by section 118 of, and paragraphs 1 and 3 of Schedule 6 to, the Planning and Compulsory Purchase Act 2004 and amended by section 112 of, and paragraphs 1 and 7 of Schedule 12 to, the Localism Act 2011; section 190 of the Planning Act 2008; section 30 of, and paragraphs 2 and 8 of Part 2 of Schedule 4 to, the Infrastructure Act 2015 (c. 7); and section 150 of, and paragraphs 1 and 10 of Schedule 12 to, the Housing and Planning Act 2016.

[^c23016851]: Paragraph 5 was amended by section 198 of the Planning Act 2008.

[^c23016861]: Regulation 11 was amended by S.I. 1999/1810 and 1999/1892.

[^c23016871]: S.I. 1992/1492. Relevant amending instruments are S.I. 1992/1982, 1997/3006, 1998/2800, 1999/1892, 2011/1589, 2013/2145, and 2015/807.

[^c23016881]: Paragraph 3 was amended by section 21 of, and paragraph 15 of Schedule 1 to, the 1991 Act.

[^c23016891]: S.S.I. 2017/102.

[^c23016901]: S.I. 2017/567 (W.134).

[^c23016911]: S.R. (NI) 2015 No. 74.

[^c23016921]: Section 329 was amended by section 32 of, and paragraph 51 of Schedule 7 to, the 1991 Act; S.I. 2003/956; and section 192 of, and paragraphs 7 and 18 of Schedule 8 to, the Planning Act 2008.

[^c23016931]: Section 288 was amended by section 91 of, and paragraphs 1 and 4 of Schedule 16 to, the Criminal Justice and Courts Act 2015 (c. 2).

[^c23016941]: Section 55 was amended by sections 13, 14, 31 and 84 of, paragraph 9 of Schedule 6 to, and Parts I and II of Schedule 19 to, the 1991 Act; S.I. 1999/293; sections 49, 118 and 120 of, paragraphs 1 and 2 of Schedules 6 to, and Schedule 9 to, the Planning and Compulsory Purchase Act 2004.

[^c23016951]: Section 78 has been amended by section 17 of the Planning and Compensation Act 1991; section 43 of the Planning and Compulsory Purchase Act 2004; sections 196 and 197 of, paragraphs 1 and 3 of Schedule 10 to, and paragraphs 1 and 2 of Schedule 11 to, the Planning Act 2008; sections 121 and 123 of, and paragraphs 1 and 11 of Schedule 12 to, the Localism Act 2011; section 1 of, and paragraphs 1 and 8 of Schedule 1 to, the Growth and Infrastructure Act 2013; article 3 of, and paragraphs 1 and 3 of Schedule 1 to, S.I. 2014/2773; section 30 of, and paragraphs 2 and 12 of Part 2 of Schedule 4 to, the Infrastructure Act 2015; and section 150 of, and paragraphs 1 and 21 of Schedule 12 to, the Housing and Planning Act 2016.

[^c23016961]: An application for technical details consent is a form of application for planning permission, see section 70(2ZZB) of the 1990 Act, which was inserted by section 150(3) of the Housing and Planning Act 2016 (c. 22).

[^c23016971]: Section 60 was amended by section 4 of the Growth and Infrastructure Act 2013, and by section 152 of the Housing and Planning Act 2016.

[^c23016981]: 2015 c.26. Section 30(3) was amended by section 19 of the Enterprise Act 2016 (c.12).

[^c23016991]: S.I. 2015/595.

[^c23017001]: S.I. 2015/596 amended by S.I. 2016/332 and 2016/1040.

[^c23017011]: S.I. 2013/2140. Articles 13 and 14 were substituted by S.I. 2016/944.

[^c23017021]: S.I. 2012/637 which was amended by S.I. 2015/20 and 2016/873.

[^c23017031]: S.I. 2011/1824.

[^c23017041]: Command Paper 6614.

[^c23017051]: Command Paper 6993.

[^c23017071]: OJ No. L 135, 30.5.1991, p.40, last amended by Regulation (EC) No. 1137/2008 (O.J. No. L 311, 21.11.2008, p.1).

[^c23017091]: 1991 c. 37 (see section 104).

[^c23017101]: S.I. 2016/1154.

[^c23017111]: OJ No. L 206, 22.7.1992, p.7.

[^c23017121]: OJ No. L 20, 26.1.2010, p.7.

[^c23017131]: OJ No. L 197, 24.7.2012, p. 1.

[^c23017141]: OJ No. L 172, 2.7.2009, p. 18.

[^c23017151]: S.I. 2011/1824.

[^c23017161]: OJ No. L 26, 28.1.2012, p. 1-21.

[^c23017171]: OJ No. L 124, 25.4.2014, p. 1-18.

[^c23017181]: OJ No. L 206, 22.7.1992, p.7.

[^c23017191]: OJ No. L 20, 26.1.2010, p. 7.

[^c23017201]: OJ No. L 124, 25.4.2014, p. 1-18.

[^key-0860ab4be91b1564bd912902ddb69fd6]: Words in reg. 55(6)(a) substituted (1.10.2018) by The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. 2018/695), regs. 1, 2(9)

[^key-09805d72018ba727e2437c08575072e9]: Words in reg. 59(2)(c) omitted (31.12.2020) by virtue of The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 6(9)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-09fb73a06d564e0addd3bd839f13059a]: Regulations modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 55(1)

[^key-0c13193925a48080eca71ba4cf5165c8]: Word in Sch. 1 inserted (6.8.2018) by The Nuclear Reactors (Environmental Impact Assessment for Decommissioning) (Amendment) Regulations 2018 (S.I. 2018/834), regs. 1(2), 20 (with reg. 22)

[^key-0ebbed3bec02d8ebd88c107031604aa4]: Word in reg. 63(5)(b) substituted (31.12.2020) by The Environmental Assessments and Miscellaneous Planning (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1232), regs. 1(2), 6(10)(a); 2020 c. 1, Sch. 5 para. 1(1)