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

Type Welsh-Statutory-Instrument

Publication 2017-04-20

Last updated 2025-12-15

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(5) If the applicant does not confirm in accordance with paragraph (3), the Welsh Ministers are under no duty to deal with the application and, at the end of the 21 day period, they must inform the applicant that no further action is being taken on the application.

(6) Where—

(a) a notification has been given under paragraph (1); and

(b) the applicant does not submit an environmental statement and comply with regulation 19 (publicity where an environmental statement is submitted after the planning application),

the Welsh Ministers must determine the application only by refusing planning permission or infrastructure consent.

Scoping directions

33

(1) A person who is minded to make an application for planning permission or infrastructure consent may ask the Welsh Ministers to make a scoping direction.

(2) A request 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 including its location and technical capacity;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) such other information or representations as the person making the request may wish to provide or make.

(3) A person making a request pursuant to paragraph (1) must send to the relevant planning authority a copy of that request and the documents which accompany that request.

(4) If the Welsh Ministers consider that the information provided pursuant to paragraph (1) is insufficient to make a scoping direction, the Welsh Ministers must give notice to the person making the request.

(5) The notice must set out any points on which additional information is required.

(6) The Welsh Ministers may also request the relevant planning authority to provide such information as they can on any of those points.

(7) The Welsh Ministers must—

(a) consult the consultees before making a scoping direction in response to a request under paragraph (1), and

(b) make a direction and send a copy to the person who made the request and to the relevant planning authority, within 8 weeks beginning with the date of receipt of that request or such longer period as may be reasonably required.

(8) Before making a scoping direction the Welsh Ministers must take into account—

(a) any information provided by the applicant about the proposed development;

(b) the specific characteristics of the particular development;

(d) the environmental features likely to be significantly affected by the development.

(9) Nothing prevents the Welsh Ministers, (after they have made a scoping direction) from requiring the person who made the request to provide additional information about the likely significant effects of the proposed development.

(10) “Additional information” (“gwybodaeth ychwanegol”) in paragraph (9) means information in connection with any statement that may be submitted by that person as an environmental statement for the purposes of these Regulations.

Procedure to facilitate preparation of environmental statements

34

Regulation 16 applies as if—

(a) paragraph (3) reads—

(3) The recipient of— (a) such notice as is mentioned in paragraph (1); or (b) a statement made pursuant to regulation 11(4)(a), 12(6), 13(7) or 32(3), must— (i) notify the consultees of the name and address of the person who intends to submit an environmental statement and of the duty imposed on the consultees by paragraph (4) to make information available to that person; and (ii) inform the person who intends to submit an environmental statement of the names and addresses of the consultees so notified.

; and

(b) the references in paragraphs (4) and (5) to the “relevant planning authority” and “authority” were to the Welsh Ministers.

35

Regulation 19 applies as if paragraphs (2) and (3) read—

(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 or infrastructure consent 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 30 days later than the date on which the notice is published); (f) details of a website maintained by or on behalf of the Welsh Ministers on which the environmental statement and other documents may be inspected, and the latest date on which they will be available for access (being a date not less than 30 days later than the date on which the notice is published); (g) 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; (h) that copies may be obtained there so long as stocks last; (i) if a charge is to be made for a copy, the amount of the charge; (j) that any person wishing to make representations about the application must make them, before the date named in accordance with sub-paragraph (e) or (f), whichever is the latest, to the Welsh Ministers; and (k) the address to which representations should be sent. (3) An applicant who is notified under regulation 32(4) of such a person as mentioned in that regulation, 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

36

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 regulation 24 of the 2025 Application Regulations as the address at which such copies may be obtained.

Availability of directions etc. for inspection

37

Regulation 27 applies as if paragraph (1)(e) reads “notification given under regulation 32(2) (applications made without environmental statement);”.

PART 9 — Restrictions of Grants of Permission

New simplified planning zone schemes or enterprise zone orders

38

No—

(a) 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

(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

39

(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—

(a) the local planning authority must not adopt or revise a local development order unless they have either requested and adopted a screening opinion or the Welsh Ministers have made a screening direction;

(b) regulation 7(1) applies as if the words “pursuant to regulation 6(8)” were omitted;

(i) an application for planning permission, are to a proposal for a local development order;

(ii) a relevant planning authority, are to the local planning authority to whom it would fall to adopt or revise the local development order;

(iii) the applicant, are to the authority; and

(iv) a Schedule 2 application are to a proposal for a local development order to grant planning permission for Schedule 2 development.

(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,

to the effect that the development concerned is EIA development.

(4) The local planning authority must not adopt or revise a local development order which grants planning permission for Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location unless an environmental impact assessment has been carried out in respect of that development.

Section 97 orders and section 102 orders

40

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

(1A) This regulation also applies where—

(a) a local planning authority or the Welsh Ministers propose to give a notice of unauthorised development that requires a person to carry out EIA development, or

(b) the Welsh Ministers propose to make an order under section 90 of the 2024 Act that modifies an infrastructure consent order.

(2) 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 authority have requested and adopted a screening opinion or the Welsh Ministers have made a screening direction.

(2A) The local planning authority or the Welsh Ministers must not give a notice of unauthorised development that would require a person to carry out Schedule 2 development unless the authority have requested and adopted a screening opinion or the Welsh Ministers have made a screening direction.

(2B) The Welsh Ministers must not make an order under section 90 of the 2024 Act in relation to Schedule 2 development unless they have made a screening direction.

(3) Where this regulation applies—

(a) regulation 6(4) does not apply;

(b) regulation 7(1) applies as if the words “pursuant to regulation 6(8)” were omitted;

(i) an application for planning permission, are to a proposal for a notice of unauthorised development, an order under section 90 of the 2024 Act, a section 97 or a section 102 order;

(ii) a relevant planning authority, are to the body to whom it falls to give a notice of unauthorised development, make the section 97 or section 102 order , or make the order under section 90 of the 2024 Act;

(iii) the applicant are to the initiating body; and

(iv) a Schedule 1 or a Schedule 2 application are to a proposal of a notice of unauthorised development that requires a person to carry out EIA development, an order made under section 90 of the 2024 Act that modifies an infrastructure consent for Schedule 1 development or Schedule 2 development, or a section 97 order or a section 102 order which would grant or modify planning permission for Schedule 1 development or Schedule 2 development respectively.

(4) Paragraphs (5) and (6) and Schedule 6 apply in either case—

(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 give a notice of unauthorised development, or make a section 97 order which permits or requires EIA development unless an environmental impact assessment has been carried out in relation to that development.

(6) The Welsh Ministers must not give a notice of unauthorised development, or confirm or make an order made under section 90 of the 2024 Act, a section 97 order or a section 102 order which permits or requires EIA development unless an environmental impact assessment has been carried out in relation to that development.

(7) In this regulation and Schedule 6 references to an order made under section 90 of the 2024 Act are only to an order proposed to be made or made without an application being made under section 90(3) or (4) of the 2024 Act.

Action under section 141 of the 1990 Act

41

(1) This regulation and Schedule 7 apply in relation to the exercise of functions by the Welsh Ministers under section 141(2) or (3) of the 1990 Act .

(2) Where the Welsh Ministers receive a purchase notice under section 139(4) of the 1990 Act, the Welsh Ministers must not modify planning permission for EIA development or direct that, if an application for planning permission for EIA development is made, it must be granted unless an environmental impact assessment has been carried out in respect of that development.

PART 10 — Unauthorised Development

Interpretation of this Part

42

In this Part—

“enforcement functions” (“swyddogaethau gorfodi”)means—the issue of an enforcement notice under section 172 of the 1990 Act (issue of enforcement notice) ;the issue of a planning contravention notice under section 171C of the 1990 Act (power to require information about activities on land) ;the issue of a temporary stop notice under section 171E of the 1990 Act (temporary stop notice) ;the issue of a stop notice under section 183 of the 1990 Act (stop notices) ;the service of a breach of condition notice under section 187A of the 1990 Act (enforcement of conditions) ; ...an application to the court for an injunction under section 187B of the 1990 Act (injunctions restraining breaches of planning control) ; the exercise of the power to enter land under section 106 of the 2024 Act (powers to enter land for enforcement purposes); the serving of an information notice under section 111 of the 2024 Act (power to require information);the giving of a notice of unauthorised development under section 113 of the 2024 Act (notice of unauthorised development);the issue of a temporary stop notice under section 117 of the 2024 Act (power to issue a temporary stop notice); andan application to the court for an injunction under section 122 of the 2024 Act (injunction to restrain prohibited activity);

“ground (a) appeal” (“apêl sail (a)”) means an appeal brought under section 174(2)(a) of the 1990 Act (appeal against enforcement notice) ; and

“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) or a notice of unauthorised development under section 113 of the 2024 Act.

Duty to ensure objectives of the Directive are met

43

Relevant planning authorities, in the exercise of their enforcement functions, must have regard to the need to secure compliance with any law which implemented the Directive and with the objectives of the Directive .

Prohibition on the grant of planning permission for unauthorised EIA development

44

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 an environmental impact assessment has been carried out in respect of that development.

Screening opinions

45

(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—

(a) take such steps as appear to be reasonable to them in the circumstances, having regard to the requirements of regulation 6(2) and (4), to obtain information about unauthorised development to inform a screening opinion; and

(b) adopt a screening opinion.

(2) Where it appears to such local planning authority 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 45 notice”) which must—

(a) include the screening opinion required by paragraph (1); 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 local planning authority by whom a regulation 45 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 45 notice.

(4) Where a local planning authority provide the Welsh Ministers with a copy of a regulation 45 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

46

(1) Any person on whom a regulation 45 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 45 notice;

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

(c) the information required under, and representations made in accordance with, regulation 6(2), which must be prepared by the applicant in compliance with regulation 6(4).

(3) At the same time as applying to the Welsh Ministers, the applicant must send to the authority by whom the regulation 45 notice was served, a copy of the application and of the information and any 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) 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) Regulation 7(6) to (8) applies to a direction sought pursuant to paragraph (1).

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

(7) 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 45 notice was sent.

Provision of information

47

(1) The relevant planning authority and any person, other than the Welsh Ministers, to whom a copy of the regulation 45 notice has been sent (“the regulation 45 consultee”) must, if requested by the person on whom the regulation 45 notice was served, enter into consultation with that person to determine whether the regulation 45 consultee has in their possession any information which that person or the regulation 45 consultee considers relevant to the preparation of an environmental statement and if they have, the regulation 45 consultee must make any such information available to that person.

(2) Regulation 16(5) applies to information under paragraph (1) as it applies to any information falling within regulation 16(4).

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

48

(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 49, 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, not exceeding 90 days from the date on which the person making the request submits the information required under regulation 46(2)(c).

(5) Where the Welsh Ministers consider that due to exceptional circumstances relating to the proposed development it is not practicable for them to adopt a screening direction within the period of 90 days beginning with the date of the request, the Welsh Ministers may extend that period by giving notice in writing to the person who made the request.

(6) The Welsh Ministers must state in any notice under paragraph (5) the reasons justifying the extension and the date when the determination is expected.

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

(8) 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 45 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.

(9) If an appellant to whom notice has been given under paragraph (8) fails to comply with the requirements of that notice, the appeal in so far as it is a ground (a) appeal, lapses at the end of the period specified in the notice.

Appeal to the Welsh Ministers without an environmental statement

49

(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); 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 ground (a) appeal lapses at the end of the period allowed;

(f) as soon as reasonably practicable after the occurrence of the lapse described in sub-paragraph (e), the Welsh Ministers must notify the appellant and the relevant planning authority that the ground (a) appeal has lapsed.

Procedure where an environmental statement is submitted to the Welsh Ministers

50

Where the Welsh Ministers receive (otherwise than as mentioned in regulation 49(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 ground (a) appeal, and inform them that they may make representations;

(b) notify the persons to whom a copy of the relevant regulation 45 notice was sent that the statement will be taken into consideration in determining the ground (a) appeal, 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

51

Regulation 24(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 24(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 the ground (a) appeal lapses at the end of that period.

Publicity for environmental statements or further information

52

(1) Where an authority receive a copy of a statement by virtue of regulation 50(a) or any further information or 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 30 days later than the date on which the notice is published);

(f) details of a website maintained by or on behalf of the relevant planning authority on which the environmental statement and other documents may be inspected, and the latest date on which they will be available for access (being a date not less than 30 days later than the date on which the notice is published);

(g) 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, before the latest date stated in accordance with sub-paragraph (e) or (f), to the Welsh Ministers; and

(h) 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) The relevant planning authority must make the environmental statement available for inspection on a website maintained by or on its behalf.

(4) Neither the Welsh Ministers receiving a certificate under paragraph (2) nor an inspector may determine the ground (a) appeal in respect of the development to which the certificate relates until the expiry of 30 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

53

(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 45 notice given by the authority;

(b) every notice received by the authority under regulation 49(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 paragraphs (2) and (3) of regulation 29 apply to 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

54

Regulation 56 applies to unauthorised EIA development as if—

(a) regulation 56(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 56(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

55

(1) In this regulation and in Schedule 8—

“the General Regulations” (“yRheoliadau Cyffredinol**”) means the Town and Country Planning General Regulations 1992 ;

“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” (“cydsyniad dilynol ROMP”) means consent granted pursuant to a ROMP subsequent application; and

“undetermined ROMP application” (“cais ROMP amhenderfynedig”) has the same meaning as in regulation 2 of the Town and Country Planning (Environmental Impact Assessment) (Undetermined Reviews of Old Mineral Permissions) (Wales) Regulations 2009 .

(2) Subject to paragraph (3) and to the modifications and additions set out in Schedule 8, 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

56

(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 the date of publication in the London Gazette referred to in sub-paragraph (ii), the particulars mentioned in paragraph (2) and, if relevant, the information referred to in paragraph (3);

(ii) publish in a notice in the London Gazette the information in paragraph (2) and, if relevant, the information referred to in paragraph (3) and an 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 an EEA 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) details of the authority responsible for deciding the application;

(c) a copy of any planning permission , infrastructure consent order or order made under section 90 of the 2024 Act relating to the development;

(d) a copy of any environmental statement in respect of the development; and

(e) 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 ensure that the EEA state concerned is given an opportunity, before planning permission or infrastructure consent for the development is granted, to forward to the Welsh Ministers, within a reasonable time, the opinions of its public and of the authorities likely to be concerned by the project by reason of their specific environmental responsibilities 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 ... 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 copy of the information referred to in regulation 28.

Projects in another EEA State likely to have significant transboundary effects

57

(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 to the competent authority in that EEA State representations ....

(2) The Welsh Ministers must also—

(a) arrange for the information referred to in paragraph (1) to be made available, within a reasonable time and for a time period of no less than 30 days, 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 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) make available to the public concerned any information received from the authority in the relevant EEA State which that state has designated as responsible for performing the duties arising from the Directive.

PART 13 — Miscellaneous

Objectivity and bias

58

(1) Where a local planning authority or the Welsh Ministers have 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 a local planning authority, or the Welsh Ministers are acting as a developer and that authority or the Welsh Ministers, as the case may be, are also responsible for determining their own proposal, that authority or the Welsh Ministers, as the case may be, must make appropriate administrative arrangements to ensure that there is a functional separation between those persons who seek or require permission for development and the persons responsible for determining that proposal.

Application to the High Court

59

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 44.

Hazardous waste and material change of use

60

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

61

(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 11(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,

no account is to be taken of any period before the issue of the direction.

(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

62

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

63

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

(2) In relation to an application made to the Welsh Ministers ... regulation 12 (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”;

(b) in paragraph (2), before “referral”, it read “making or the”; and

(c) in paragraph (3), before “referred” in the first place it occurs, it read “made under section 293A of the 1990 Act or”.

Amendment of other instruments

64

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

Revocation, saving and transitional provisions

65

(1) The 2016 Regulations are revoked, but this is subject to paragraphs (2), (7) and (8).

(2) The 2016 Regulations continue to have effect where before 16 May 2017—

(a) the applicant or appellant submitted an environmental statement or requested a scoping opinion in respect of the development; or

(b) in respect of—

(i) local development orders;

(ii) section 97 orders;

(iii) section 102 orders; or

(iv) action under section 141 of the 1990 Act,

the local planning authority, the initiating body or the applicant prepared an environmental statement or a scoping opinion or requested a scoping direction in connection with that order or action.

(7) Parts 1 and 2 of the 2016 Regulations continue to have effect in respect of—

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

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

(c) screening directions made by the Welsh Ministers, where, before 16 May 2017, such requests were made, or the local planning authority or the Welsh Ministers (as the case may be) initiated the making or adoption of screening opinions or screening directions.

(8) The 2016 Regulations continue to have effect for the purposes of the Town and Country Planning (Undetermined Reviews of Old Mineral Permissions)(Wales) Regulations 2009 .

(9) Accordingly, these Regulations (other than this regulation) do not apply in respect of development to which the 2016 Regulations continue to have effect by virtue of any of paragraphs (2), (7) and (8).

(10) In this regulation—

“2016 Regulations” (“Rheoliadau2016”) means the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 ;

“environmental statement” (“datganiad amgylcheddol”), scoping direction” (“cyfarwyddyd cwmpasu”) and “scoping opinion” (“barn gwmpasu”) have the meanings in regulation 2 of the 2016 Regulations; and

“ROMP” (“ROMP”) and “ROMP application” (“cais ROMP”) have the same meaning as in regulation 55(1).

Consequential amendments

66

The instruments in Schedule 10 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

Yn yr Atodlen hon—

nid yw “gorsaf bŵer niwclear” (“nuclear power station”) ac “adweithydd niwclear arall” (“other nuclear reactor”) yn cynnwys gosodiad o safle lle mae pob tanwydd niwclear a deunyddiau wedi eu halogi’n ymbelydrol wedi eu symud oddi yno’n barhaol; a rhaid peidio â thrin datblygiad at ddiben datgymalu neu ddadgomisiynu gorsaf bŵer niwclear neu adweithydd niwclear arall fel datblygiad o ddisgrifiad a grybwyllir ym mharagraff 2(b) yr Atodlen hon;

ystyr “gwibffordd” yw ffordd sy’n cydymffurfio â’r diffiniad o “express road” yng Nghytundeb Ewrop ar Briffyrdd Traffig Rhyngwladol, 15 Tachwedd 1975[^f00050];

ystyr “maes awyr” (“airport”) yw maes awyr sy’n cydymffurfio â’r diffiniad o “airport” yng Nghonfensiwn Chicago 1944 yn sefydlu’r Sefydliad Hedfan Sifil Rhyngwladol (Atodiad 14)[^f00051].

Descriptions of development

Cynnal datblygiad er mwyn darparu unrhyw rai o’r canlynol—

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 ;

“electric line” (“llinell drydan”) has the meaning given in section 64(1) of the Electricity Act 1989;

“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 and design of the development;

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

(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

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

(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 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 under paragraphs 1 and 2, 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;

(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

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, oil and subsoil pollution, noise, vibration, light, heat, radiation) and quantities and types of waste produced during the construction and operational phases.

2

A description of the reasonable alternatives (for example in terms of development design, technology, location, size and scale) studied by the applicant or appellant which are relevant to the proposed development 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.

The description of the likely significant effects on the factors specified in regulation 4(2) should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the development. This description should take into account the environmental protection objectives established at European Union level as they were immediately before IP completion day (including in particular those established under Council Directive 92/43/EEC and Directive 2009/147/EC) or at national level.

6

A description of the forecasting methods or evidence used to identify and assess the 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 which implemented Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom or relevant assessments carried out pursuant to national legislation may be used for this purpose provided that the requirements of any law which implemented the 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.

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, 9, 10, 12, 13, 20 and 21 do not apply.

3

In regulation 5—

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

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

4

Regulation 11 applies as if references to—

(a) an application, or an application for planning permission, are to a proposal for a local development order;

(b) a relevant planning authority, are to the local planning authority to whom it would fall to make the local development order;

(d) the EIA application, are to a proposal for a local development order for EIA development.

5

Regulation 14 is to be read as if it provided—

(14) (1) Where a proposed local development order is EIA development, the local planning authority may state its opinion as to the scope and level of detail of the information to be provided in the environmental statement (“a scoping opinion”). (2) Before issuing a scoping opinion under paragraph (1) the local planning authority must prepare— (a) a plan sufficient to identify the land; (b) a brief description of the nature and purpose of the development including its location and technical capacity; (c) its likely significant effects on the environment; and (d) such other information or representations as the local planning authority may wish to provide or make. (3) A local planning authority must not adopt a scoping opinion until they have consulted the consultees. (4) Before adopting a scoping opinion the local planning authority must take into account— (a) the information prepared by the authority about the proposed development in accordance with paragraph (2); (b) the specific characteristics of the particular development; (c) the specific characteristics of development of the type concerned; and (d) the environmental features likely to be affected by the development. (5) A local planning authority may ask the Welsh Ministers under regulation 15(1) to make a direction as to the information to be provided in the environmental statement (“scoping direction”).

6

Regulation 15 is to be read as if it provided—

(15) (1) A request made under this paragraph pursuant to regulation 14must include— (a) the information referred to in regulation 14(2)(a)(i) to (iii); and (b) any representations that the local planning authority wish to make. (2) If the Welsh Ministers consider that the information provided pursuant to paragraph (1) is insufficient to make a scoping direction, the Welsh Ministers must give notice to the local planning authority. (3) The notice must set out any points on which additional information is required. (4) The Welsh Ministers must— (a) consult the consultees before making a scoping direction in response to a request under paragraph (1), and (b) make a direction and send a copy to the local planning authority, within 5 weeks beginning with the date of receipt of that request or such longer period as may be reasonably required. (5) Before making a scoping direction the Welsh Ministers must take into account the matters specified in regulation 14(4).

7

Regulation 16 is to be read as if it provided—

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

8

Regulation 17 is to be read as if—

(a) paragraphs (1) and (2) were omitted;

(b) in paragraph (3)(d), for “applicant or appellant” it read “local planning authority”;

(i) in sub-paragraph (a), “or the Welsh Ministers, as appropriate,” were omitted; and

(ii) in sub-paragraph (b), for “applicant” it read “local planning authority”.

9

Regulation 18 is to be read as if it provided—

(18) (1) Where a statement, referred to as an “environmental statement”, has been prepared in relation to EIA development for which a local planning authority propose 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 and 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 30 days from the last date on which a copy of the statement was served in accordance with this regulation.

10

Regulation 19 is to be read as if—

(a) paragraph (1) were omitted;

(b) paragraph (2) read—

(2) The local planning authority must publish by local advertisement 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 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 are available for inspection (being a date not less than 30 days from the date on which the notice is published); (e) details of a website maintained by or on behalf of the relevant planning authority on which the environmental statement and other documents may be inspected, and the latest date on which they will be available for access (being a date not less than 30 days from the date on which the notice is published); (f) 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; (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; and (i) that any person wishing to make representations about the order should make them before the latest date in accordance with sub-paragraph (d) or (e), to the local planning authority.

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

(e) paragraphs (6) to (8) were omitted.

11

Regulation 22 is to be read as if it provided—

(22) 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; and the environmental statement can be accessed at the website referred to in the notice required under regulation 19(2)(e).

12

Regulation 24 is to be read as if—

(a) paragraph (1) read—

(1) Where an environmental statement has been prepared and the local planning authority are of the opinion that, in order to satisfy the requirements of regulation 17(3) it is necessary for the statement to be supplemented with additional information which is directly relevant to reaching a reasoned conclusion on the likely significant effects of the proposed development in order to be an environmental statement, the authority must ensure that additional information is provided, and such information is referred to in these Regulations as “further information” (“gwybodaeth bellach”).

(b) paragraph (3) read—

(3) The local planning authority must publish by local advertisement a notice stating— (a) the name and address of the 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 is available for inspection (being a date not less than 30 days from the date on which the notice is published); (f) details of a website maintained by or on behalf of the authority on which the environmental statement and other documents may be inspected, and the latest date on which they are available for access (being a date not less than 30 days from the date on which the notice is published); (g) 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; (h) that copies may be obtained there so long as stocks last; (i) if a charge is to be made for a copy, the amount of the charge; (j) that any person wishing to make representations about the further information should make them before the latest date specified in accordance with sub-paragraphs (e) and (f), to the authority; and (k) 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 these 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 30 days after the latest of— (a) the date on which the further information was sent to all persons to whom the statement to which it relates was sent; (b) the date that notice of it was published in a local newspaper; or (c) the date that notice of it was published on a website.

(f) in paragraph (8)—

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

(ii) in sub-paragraph (a), after “number of copies of the” it read “further information or other”.

13

Regulation 25 is to be read as if in paragraph (1) “an application or appeal” read “whether to make a local development order”.

14

Regulation 27 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 5(4) or (5); (e) 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.

15

Regulation 28 is to be read as if paragraph (1) read—

(1) Where a local planning authority make a local development order granting permission for EIA development, they must prepare a statement setting out the information specified in paragraph (2).

16

Regulation 29 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”;

(b) paragraph (2) was omitted; and

17

Regulation 56 is to be read as if—

(a) paragraph (1)(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 — Notices of unauthorised development, orders made under section 90 of the 2024 Act, and section 97 and 102 Orders under the 1990 Act

1

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

2

Regulations 3, 7(2), 9, 10, 12(1), (2) and (8), 13 and 21 do not apply.

3

In this Schedule and in the application of these Regulations by this Schedule, references to the “relevant planning authority” are to the local planning authority to whom it would fall to give a notice of unauthorised development or make the section 97 order or the section 102 order, whether or not they are the initiating body.

4

Regulation 5 is to be read as if—

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

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

5

Regulations 8, 11 and 12(3) to (8) apply as if references to—

(a) an application or an application for planning permission, are to a proposal for a notice of unauthorised development, an order made under section 90 of the 2024 Act, a section 97 order or a section 102 order;

(b) the applicant are to the initiating body; and

(c) an EIA application, are to a proposal for a notice of unauthorised development that requires a person to carry out EIA development, an order made under section 90 of the 2024 Act granting or modifying infrastructure consent for EIA development, or a section 97 order or a section 102 order granting or modifying planning permission for EIA development.

6

Regulation 12(8) is to be read as if “by refusing planning permission or subsequent consent” read “by refusing to give a notice of unauthorised development, or refusing to make or confirm the section 97 or section 102 order , or refusing to make the order under section 90 of the 2024 Act”.

7

Regulation 14 and its heading are to be read as if they provided—

(14) (1) Where a proposed notice of unauthorised development, order made under section 90 of the 2024 Act, section 97 order or section 102 order permit or require EIA development, the initiating body may state its opinion as to the scope and level of detail of the information to be provided in the environmental statement. (2) Before issuing a scoping opinion or scoping direction under paragraph (1) the initiating body must include— (a) a plan sufficient to identify the land; (b) a brief description of the nature and purpose of the development including its location and technical capacity; (c) its likely significant effects on the environment; and (d) such other information or representations as the 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 information prepared by the initiating body about the proposed development in accordance with paragraph (2); (b) the specific characteristics of the particular development; (c) the specific characteristics of development of the type concerned; and (d) the environmental features likely to be affected by the development. (5) A local planning authority may ask the Welsh Ministers under regulation 15(1) to make a direction as to the information to be provided in the environmental statement. (6) 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 planning authority which initiated the order.

8

Regulation 15 is to be read as if it provided—

(15) (1) A request made under this paragraph pursuant to regulation 14 must include— (a) the information referred to in regulation 14(2); and (b) any representations that the local planning authority wishes to make. (2) If the Welsh Ministers consider that the information provided pursuant to paragraph (1) is insufficient to make a scoping direction, the Welsh Ministers must give notice to the local planning authority. (3) The notice must set out any points on which additional information is required. (4) The Welsh Ministers must— (a) consult the consultees before making a scoping direction in response to a request under paragraph (1), and (b) make a direction and send a copy to the local planning authority, within 5 weeks beginning with the date of receipt of that request or such longer period as may be reasonably required. (5) Before making a scoping direction the Welsh Ministers must take into account the matters specified in regulation 14(4).

9

Regulation 16 is to be read as if it provided—

(16) (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 .

10

Regulation 17 is to be read as if—

(a) Paragraph (1)is omitted;

(b) in paragraph (3)(d), for “applicant or appellant” it read “initiating body”;

11

Regulation 18 is to be read as if it provided—

(18) (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 notice of unauthorised development, an order made under section 90 of the 2024 Act, a section 97 order or section 102 order, that body must— (a) send a copy of the draft notice of unauthorised development, draft order made under section 90 of the 2024 Act, 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) the address of the office of the initiating body 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 after the expiry of 30 days from the last date on which a copy of the statement was publicised in accordance with this regulation or regulation 19. (3) When the local planning authority prepare an environmental statement, they must send to the Welsh Ministers, within 14 days after sending the statement to the consultees, one copy of each of any relevant screening opinion, statement of reasons and draft order, in electronic and paper format unless otherwise agreed in writing.

12

Regulation 19 is to be read as if—

(a) paragraph (1) were omitted;

(b) paragraph (2) read—

(2) The initiating body must publish by local advertisement 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 notice of unauthorised development, order made under section 90 of the 2024 Act, 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) the address of the office of the initiating body 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 30 days from the date on which the notice is published); (e) details of a website maintained by or on behalf of the relevant planning authority on which further information or any other information may be inspected and the latest date on which they are available for access (being a date not less than 30 days from the date on which the notice is published); (f) an address (whether or not the same as that given under sub-paragraph (d)) of the office of the initiating body 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; and (i) 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 (8) were omitted.

13

Regulation 20 is to be read as if it provided—

(20) 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.

14

Regulation 22 is to be read as if it provided—

(22) (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 give a notice of unauthorised development or 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. (2A) Where the initiating body is the Welsh Ministers, they must send to any planning authority for the area in which the proposed development to which the notice of unauthorised development or order made under section 90 of the 2024 Act relates is located, a copy of the environmental statement prepared in relation to the proposed notice or order. (3) When the local planning authority receive a copy of an environmental statement pursuant to paragraph (2) or (2A), 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.

15

Regulation 24 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 it is necessary for the statement to contain additional information directly relevant to reaching a reasoned conclusion on the likely significant effects of the development 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 initiating body must publish by local advertisement 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) the address of the office of the initiating body 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 30 days from the date on which the notice is published); (f) details of a website maintained by or on behalf of the authority on which the other information may be inspected and the latest date on which it is available for access (being a date not less than 30 days from the date on which the notice is published); (g) the address (whether or not the same as that given under sub-paragraph (e)) of the office of the initiating body at which copies of the further information may be obtained; (h) that copies may be obtained there so long as stocks last; (i) if a charge is to be made for a copy, the amount of the charge; (j) that any person wishing to make representations about the further information should make them to the authority before the latest date specified in accordance with sub-paragraphs (e) and (f); (k) 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 these 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 30 days after the latest of— (a) the date on which the further information was sent to all persons to whom the statement to which it relates was sent; (b) the date that notice of it was published in a local newspaper; or (c) the date that notice of it was published on a website.

(f) in paragraph (8)—

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

(ii) in sub-paragraph (a), after “number of copies of the” and before “information”, it read “further”.

16

Regulation 25(1) is to be read as if—

(a) “an application or appeal” read “whether to give a notice of unauthorised development or make or confirm a section 97 or section 102 order or make an order under section 90 of the 2024 Act”; ...

(b) “submitted” read “prepared”;

(d) “granted” read “given or granted”.

17

Regulation 27 is to be read as if it read—

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

Scoping directions

33

Procedure to facilitate preparation of environmental statements

34

Publicity where an environmental statement is submitted after the planning application or application for infrastructure consent

35

Availability of copies of environmental statements

36

Availability of directions etc. for inspection

37

PART 9 — Restrictions of Grants of Permission

New simplified planning zone schemes or enterprise zone orders

38

Local development orders

39

Section 97 orders and section 102 orders

40

Action under section 141 of the 1990 Act

41

PART 10 — Unauthorised Development

Interpretation of this Part

42

Duty to ensure objectives of the Directive are met

43

Prohibition on the grant of planning permission for unauthorised EIA development

44

Screening opinions

45

Screening directions

46

Provision of information

47

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

48

Appeal to the Welsh Ministers without an environmental statement

49

Procedure where an environmental statement is submitted to the Welsh Ministers

50

Further information and evidence respecting environmental statements

51

Publicity for environmental statements or further information

52

Public inspection of documents

53

Significant transboundary effects

54

PART 11 — ROMP Applications

General application of the Regulations to ROMP applications

55

PART 12 — Development with Significant Transboundary Effects

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

56

Projects in another EEA State likely to have significant transboundary effects

57

PART 13 — Miscellaneous

Objectivity and bias

58

Application to the High Court

59

Hazardous waste and material change of use

60

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

61

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

62

Application to the Crown

63

Amendment of other instruments

64

Revocation, saving and transitional provisions

65

Consequential amendments

66

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

Interpretation

Descriptions of development

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

1

2