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

(27) (1) Each local planning authority must keep a record containing a copy of every section 97 order and section 102 order relating to their area, together with a statement of the reasons for making the order; and the authority must take steps to secure that there is also placed on that record 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 local planning authority adopt a screening opinion or scoping opinion, or receive a copy of a screening direction or scoping direction before a section 97 order or a section 102 order is made, the 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 record is kept. (3) Copies of the documents referred to in paragraph (2) must remain so available for a period of two years from the date on which they are placed on the record.

18

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

(1) Where an initiating body gives a notice of unauthorised development, or makes an order under section 90 of the 2024 Act, a section 97 or section 102 order granting permission for EIA development, they must prepare a statement setting out the information specified in paragraph (2).

19

Regulation 29 is to be read as if it provided—

(29) (1) In this regulation, “decision” (“penderfyniadmeans, in relation to an order which takes effect under section 97(7) of the 1990 Act, the decision to make the order and otherwise, the decision to give a notice of unauthorised development or confirm the section 97 order or the section 102 order. (2) Where a notice of unauthorised development is given or a section 97 order or a section 102 order permitting or requiring EIA development takes effect, the Welsh Ministers must— (a) notify the relevant planning authority when the order is made or confirmed; and (b) other than in relation to section 97 orders which take effect without being confirmed by the Welsh Ministers , provide the authority with a statement containing the information in paragraph (3)(c). (3) Where a notice of unauthorised development is given or a section 97 order or a section 102 order permitting or requiring EIA development takes effect, the relevant planning authority must— (a) inform the public of the decision, by local advertisement, or by such other means as are reasonable in the circumstances; and (b) make available for public inspection , in relation to a section 97 order or section 102 order at the place where the record of section 97 orders and section 102 orders is kept , in any other case at any place that is reasonable in the circumstances, a statement containing— (i) the content of the decision and any conditions attached to it; (ii) the main reasons and considerations on which the decision is based including, if relevant, information about the participation of the public; (iii) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development permitted or required by the order; and (iv) information regarding the right to challenge the validity of the decision and the procedures for doing so.

20

Regulation 56 is to be read as if—

• (a) “decision” has the same meaning as in regulation 29 as modified by paragraph 19;

• (b) in paragraph (1)(a) read—

(a) it comes to the attention of the Welsh Ministers that EIA development proposed to be carried out in Wales, which an initiating body proposes to require or permit by a notice of unauthorised development, an order made under section 90 of the 2024 Act, a section 97 order or a section 102 order is likely to have significant effects on the environment in an EEA State; or

; ...

• (c) in paragraphs (3) and (6), instead of “application” it read “proposed notice of unauthorised development, order made under section 90 of the 2024 Act, section 97 order or section 102 order”;

• (d) in paragraph (3)(c) “planning permission” read “planning permission or infrastructure consent order”; and

• (e) in paragraph (4) “planning permission” read “planning permission or infrastructure consent”, and after the word “granted” is inserted “or a notice of unauthorised development is given”.

SCHEDULE 7 — Functions under Section 141 of 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), 8 to 13, 18 and 21 do not apply.

3

In this Schedule and in the application of other regulations by this Schedule, references to—

• (a) the “applicant” (“y ceisydd”) are to—

• (i) the applicant for planning permission which has previously been determined;

• (ii) the mineral planning authority in the case of an order under paragraph 1 of Schedule 9 to the 1990 Act;

• (iii) the initiating body in respect of a section 97 or 102 order; or

• (iv) a person who may apply for planning permission if the Welsh Ministers exercised their functions under section 141(3) of the 1990 Act;

• (b) the “application” (“y cais”) are to—

• (i) the proposal to grant or modify planning permission;

• (ii) the proposal for a section 97 or section 102 order;

• (iii) the application for planning permission which would be required for the development in question following any direction under section 141(3) of the 1990 Act.

4

• (1) Where, on consideration of a purchase notice it appears to the Welsh Ministers that—

• (a) the relevant application is, or would be, a Schedule 1 application or a Schedule 2 application; and

• (b) the development in question—

• (i) has not been the subject of a screening opinion or screening direction; or

• (ii) has been the subject of a screening opinion or direction before planning permission was granted or modified to the effect that it is not EIA development; and

• (c) the relevant application is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations paragraphs (3) and (4) of regulation 7 apply as if the request for confirmation of the purchase notice were a request made by the applicant pursuant to regulation 6(8).

• (2) Where regulation 7(3) applies by virtue of paragraph (1), the Welsh Ministers must, where and insofar as necessary to ensure that the applicant has provided, in the case of—

• (a) applications where no screening opinion or direction has been made, the information referred to in regulation 6(2); and

• (b) other applications, the information referred to in regulation 6(3),

make a request for additional information before issuing a screening direction.

5

Where it appears to the Welsh Ministers that the relevant application is an EIA application and is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations, they must—

• (a) notify the applicant that the submission of an environmental statement is required; and

• (b) send a copy of that notification to the relevant planning authority (if they are not the applicant).

6

• (1) Where the applicant proposes to submit an environmental statement, these Regulations apply to the applicant and relevant application—

• (a) as they apply to appellants and appeals, in the cases of proposed actions under section 141 of the 1990 Act—

• (i) to grant planning permission;

• (ii) to revoke or amend the conditions attached to a planning permission;

• (iii) to direct that, if an application for planning permission were made, it must be granted; and

• (b) as they apply to the initiating body and a proposed section 97 order or a proposed section 102 order, in the cases of proposed actions under section 141 of the 1990 Act—

• (i) to revoke or amend conditions attaching to such an order;

• (ii) to amend such an order.

• (2) Where the applicant proposes to submit an environmental statement the applicant must comply with the provisions of article 12(7A) of the 2012 Order (publicity for applications for planning permission) as if the environmental statement had been submitted in relation to a planning application falling within article 12(2) of the 2012 Order and as if, in article 12(7A) to the 2012 Order the references to an application for planning permission were to a proposal to act under section 141(2) or (3) of the 1990 Act.

• (3) Where the Welsh Ministers are aware that any particular person is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of electronic publication, a site notice or by local advertisement, they must notify the applicant of any such person.

• (4) An applicant who receives a notification under paragraph 5 of this Schedule, may within 21 days beginning with the date of the notification, confirm to the Welsh Ministers in writing that an environmental statement will be provided.

• (5) If the applicant does not write in accordance with paragraph (4), at the end of the 21 days the Welsh Ministers must not take action under section 141(2) or (3) of the 1990 Act.

7

Where—

• (a) a notification has been given under paragraph 6(3), and

• (b) the applicant does not submit an environmental statement and comply with regulation 19(6),

the Welsh Ministers must determine the matter only by confirming or refusing to confirm the purchase notice.

8

Where it appears to the Welsh Ministers that the environmental information already before them—

• (a) is adequate to assess the environmental effects of the development which is the subject of the proposed action under section 141(2) or (3) of the 1990 Act, they must take that information into consideration in their decision;

• (b) is not adequate to assess the environmental effects of the development, they must serve a notice seeking further information in accordance with regulation 24(1); and

regulations 14 to 17 and 19 to 28 of these Regulations apply to the applicant and application—

• (i) as they apply to appellants and appeals in the case of—

• (aa) a proposal to grant planning permission;

• (bb) a proposal to revoke or amend the conditions attached to a planning permission; or

• (cc) a proposal to direct that, if an application for planning permission were made, it must be granted; and

• (ii) as they apply to the initiating body and a proposed section 97 order or a proposed section 102 order in the case of—

• (aa) a proposal to revoke or amend conditions attaching to such an order; or

• (bb) a proposal to amend such an order; and

• (iii) as if references to the “relevant planning authority” were to the local planning authority who would determine any application for planning permission for the development in question were such an application to be submitted.

SCHEDULE 8 — ROMP Applications

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

1

Regulation 3 (prohibition on granting planning permission or subsequent consent without consideration of environmental information) is to be read as if, after “for EIA development” it read “pursuant to a ROMP application”.

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

2

In the case of a ROMP application, regulation 11(4) (application made to a local planning authority without an environmental statement) is to be read as if—

• (a) “21 days” read “6 weeks”; and

• (b) after “the notification”, it read “, or within such other period as may be agreed with the authority in writing”.

Disapplication of regulations and modifications of provisions on application referred to or appealed to the Welsh Ministers without an environmental statement

3

• (1) In the case of a ROMP application, regulations 11(6) and (8), 12(7) and (8), 13(8) and (9) and 61 do not apply.

• (2) In the case of a ROMP application, regulation 12(6) (application referred to the Welsh Ministers without an environmental statement) and regulation 13(7) (appeal to the Welsh Ministers without an environmental statement) are to be read as if—

• (a) “21 days” read “6 weeks”; and

• (b) after “the notification” they read “, or within such other period as may be agreed with the Welsh Ministers in writing”.

Substitution of references to section 78 of the 1990 Act right of appeal and modification of provisions on appeal to the Welsh Ministers without an environmental statement

4

• (1) In the case of a ROMP application, in regulations 13(1) and 20(1)(b), for the references to “section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions)” read—

paragraph 5(2) of Schedule 2 to the 1991 Act, paragraph 11(1) of Schedule 13 to the 1995 Act or paragraph 9(1) of Schedule 14 to the 1995 Act (right of appeal)

• (2) In the case of a ROMP application, read regulation 13(2) (appeal to the Welsh Ministers without an environmental statement) as if “, except by refusing planning permission or subsequent consent,” were omitted.

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

5

• (1) In the case of a ROMP application, in regulations 14(10) and 15(9), for the words “an application for planning permission or a subsequent application for” read “a ROMP application which relates to another planning permission which authorises”.

• (2) In the case of a ROMP application, in regulation 18 (procedure where an environmental statement is submitted to a local planning authority) for paragraph (4) read—

(4) Where an applicant submits an environmental statement to the authority in accordance with paragraph (1), the provisions of article 12 of and Schedule 3 to the 2012 Order (publicity for applications for planning permission) apply to a ROMP application under paragraph— (a) 2(2) of Schedule 2 to the 1991 Act, and (b) 6(1) of Schedule 14 to the 1995 Act , as they apply to a planning application falling within paragraph (3A) of article 12 of the 2012 Order except that for the references in the notice in Schedule 3 to the 2012 Order to “planning permission” there is substituted “determination of the conditions to which a planning permission is to be subject” and that the notice must refer to the relevant provisions of the 1991 Act or 1995 Act pursuant to which the application is made.

• (3) In the case of a ROMP application, in regulation 19 (publicity where an environmental statement is submitted after the planning application)—

• (a) in paragraph (2)(a) for the words “that an application is being made for planning permission or subsequent consent” read—

that an application is being made for determination of the conditions to which a planning permission is to be subject, the relevant provisions of the 1991 Act or 1995 Act pursuant to which the application is made

• (b) for paragraph (7) read—

(7) Where an applicant indicates that the applicant proposes to provide such a statement and in such circumstances as are mentioned in paragraph (1), the relevant mineral planning authority, the Welsh Ministers or the inspector, as the case may be, must suspend consideration of the application or appeal until the date specified by the authority or the Welsh Ministers for submission of the environmental statement and compliance with paragraph (6); and must not determine the application or appeal during the period of 30 days beginning with the last date on which the statement and the other documents mentioned in paragraph (6) are published in accordance with this regulation.

• (4) In the case of a ROMP application, in regulation 20(1) (provision of copies of environmental statements and further information for the Welsh Ministers on referral or appeal)—

• (a) in sub-paragraph (a) for “section 77 of the 1990 Act (reference of applications to Secretary of State)” read “paragraph 7(1) of Schedule 2 to the 1991 Act, paragraph 13(1) of Schedule 13 to the 1995 Act or paragraph 8(1) of Schedule 14 to the 1995 Act”; and

• (b) in sub-paragraph (b), for “section 78 of the 1990 Act (right to appeal against planning decisions and failure to take such decisions)”, read “paragraph 5(2) of Schedule 2 to the 1992 Act, paragraph 11(1) of Schedule 13 to the 1995 Act or paragraph 9(1) of Schedule 14 to the 1995 Act (right of appeal)”.

• (5) In the case of a ROMP application, in regulation 22 (availability of copies of environmental statements) after “the 2012 Order” read “(as applied by regulation 18(5) or by paragraph 9(5) of Schedule 13 to the 1995 Act),”.

• (6) In the case of a ROMP application, in regulation 24 (further information and evidence in respect of environmental statements)—

• (a) in paragraph (3)(a) for the words “applicant for planning permission or subsequent consent or the appellant (as the case may be)” read—

person who has applied for or who has appealed in relation to the determination of the conditions to which the planning permission is to be subject, the relevant provisions of the 1991 Act or 1995 Act pursuant to which the application is made

• (b) in paragraph (7)(a) after the words “application or appeal” read “until the date they specify for submission of the further information”.

• (7) In regulation 25 (consideration of whether planning permission should be granted), in paragraph (1)(d) read as if “if planning permission or subsequent consent is to be granted” were omitted.

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

6

• (1) In the case of a ROMP application, for regulation 59 (application to the High Court) read—

(59) For the purposes of Part 12 of the 1990 Act (validity of certain decisions), the reference in section 288 of the 1990 Act, as applied by paragraph 9(3) of Schedule 2 to the 1991 Act, paragraph 16(4) of Schedule 13 to the 1995 Act or paragraph 9(4) of Schedule 14 to the 1995 Act, to action of the Welsh Ministers not being within the powers of the 1990 Act must be taken to extend to the determination of a ROMP application by the Welsh Ministers in contravention of regulation 3.

• (2) The direction making power in article 18(2) of the 2012 Order applies to ROMP development as it applies to development in respect of which a planning application is made.

Suspension of minerals development

7

• (1) Where the authority, the Welsh Ministers or an inspector are dealing with a ROMP application or an appeal arising from a ROMP application and notify the applicant or appellant, as the case may be, that—

• (a) the submission of an environmental statement is required under regulation 11(1), 12(3) or 13(5), then such notification must specify the period within which the environmental statement and compliance with regulation 19(6) are required; or

• (b) a statement should contain additional information under regulation 24(1), then such notification must specify the period within which that information is to be provided.

• (2) Subject to paragraph (3), the planning permission to which the ROMP application relates may only authorise any minerals development (unless the Welsh Ministers have made a screening direction to the effect that ROMP development is not EIA development) if the applicant or the appellant has—

• (a) written to the relevant mineral planning authority or Welsh Ministers within the 6 week or other period agreed pursuant to regulations 11(3) and 11(4), 12(4) and 12(6) or 13(7);

• (b) submitted an environmental statement and complied with regulation 19(6) within the period specified by the authority or the Welsh Ministers in accordance with paragraph (1) or within such extended period as is agreed in writing;

• (c) provided additional information within the period specified by the authority, the Welsh Ministers or an inspector in accordance with paragraph (1) or within such extended period as is agreed in writing; or

• (d) where a notification under regulation 6(5), 7(3), 14(3) or 15(3) has been received, provided the additional information requested within 21 days beginning with the date of the notification, or within such extended period as may be agreed in writing.

• (3) Where paragraph (2) applies, the planning permission may not authorise any minerals development from the end of—

• (a) the relevant period specified in or agreed pursuant to regulations 11(3) and 11(4), 12(4) and 12(6) or 13(7); and

• (b) the period specified or agreed in writing as referred to in paragraph (2)(b), (c), and (d),

until the applicant has complied with all of the provisions referred to in paragraph (2) which are relevant to the application or appeal in question.

• (4) Particulars of the suspension of minerals development and the date when that suspension ends must be entered in the appropriate part of the register as soon as reasonably practicable.

• (5) Paragraph (2) does not affect any minerals development carried out under the planning permission before the date of suspension of minerals development.

• (6) For the purposes of paragraphs (2) to (5), “minerals development” (“datblygiad mwynau”) means development consisting of the winning and working of minerals, or involving the depositing of mineral waste.

Determination of conditions and right of appeal on non-determination

8

• (1) Where it falls to a mineral planning authority to determine a Schedule 1 or a Schedule 2 application, paragraph 2(6)(b) of Schedule 2 to the 1991 Act, paragraph 9(9) of Schedule 13 to the 1995 Act or paragraph 6(8) of Schedule 14 to the 1995 Act do not have effect so as to treat the authority as having determined the conditions to which any relevant planning permission is to be subject unless either—

• (a) the authority has adopted a screening opinion; or

• (b) the Welsh Ministers have made a screening direction to the effect that the ROMP development in question is not EIA development;

• (2) Where it falls to a mineral planning authority or the Welsh Ministers to determine a Schedule 1 or a Schedule 2 application—

• (a) section 69 of the 1990 Act (register of applications, etc), and any provisions of the 2012 Order made by virtue of that section, have effect with any necessary amendments as if references to applications for planning permission included ROMP applications under paragraph 9(1) of Schedule 13 to the 1995 Act and paragraph 6(1) of Schedule 14 to the 1995 Act ; and

• (b) where the authority is not the authority required to keep the register, the authority must provide the authority required to keep it with such information and documents as that authority requires to comply with section 69 of the 1990 Act as applied by paragraph (a), with regulation 27 as applied by regulation 55, and with paragraph 7(4) of this Schedule.

• (3) Where it falls to the mineral planning authority or the Welsh Ministers to determine an EIA application made under paragraph 2(2) of Schedule 2 to the 1991 Act, paragraph 4(4) of that Schedule does not apply.

• (4) Where it falls to the mineral planning authority to determine an EIA application, the authority must give notice of their determination of the ROMP application within 16 weeks beginning with the date of receipt by the authority of the ROMP application or such extended period as may be agreed in writing between the applicant and the authority.

• (5) For the purposes of paragraph (4), a ROMP application is received by the mineral planning authority when they receive—

• (a) a document referred to by the applicant as an environmental statement for the purposes of these Regulations;

• (b) any documents required to accompany that statement; and

• (c) any additional information which the authority has notified the applicant that the environmental statement should contain.

• (6) Where paragraph (1) applies—

• (a) paragraph 5(2) of Schedule 2 to the 1991 Act, paragraph 11(1) of Schedule 13 to the 1995 Act and paragraph 9(1) of Schedule 14 to the 1995 Act (right of appeal) have effect as if there were also a right of appeal to the Welsh Ministers where the mineral planning authority have not given notice of their determination of the ROMP application in accordance with paragraph (4); and

• (b) paragraph 5(5) of Schedule 2 to the 1991 Act, paragraph 11(2) of Schedule 13 to the 1995 Act and paragraph 9(2) of Schedule 14 to the 1995 Act (right of appeal) have effect as if they also provide for notice of appeal to be made within 6 months from the expiry of the 16 week or other period agreed pursuant to paragraph (4).

• (7) In determining for the purposes of—

• (a) paragraphs 2(6)(b) of Schedule 2 to the 1991 Act, 9(9) of Schedule 13 to the 1995 Act and 6(8) of Schedule 14 to the 1995 Act (determination of conditions); or

• (b) paragraph 5(5) of Schedule 2 to the 1991 Act, paragraph 11(2) of Schedule 13 to the 1995 Act and paragraph 9(2) of Schedule 14 to the 1995 Act (right of appeal) as applied by paragraph 8(6)(b) of this Schedule,

the time which has elapsed without the mineral planning authority giving the applicant notice of their determination in a case where the authority have notified an applicant in accordance with regulation 11(1) that the submission of an environmental statement is required and the Welsh Ministers have given a screening direction in relation to the ROMP development in question no account may be taken of any period before the issue of the direction.

ROMP application by a mineral planning authority

9

• (1) Where a mineral planning authority propose to make or makes a ROMP application which is a Schedule 1 or a Schedule 2 application to the Welsh Ministers under regulation 11 (other consents) of the General Regulations , these Regulations apply to that application or proposed application as they apply to a ROMP application referred to the Welsh Ministers under paragraph 7(1) of Schedule 2 to the 1991 Act, paragraph 13(1) of Schedule 13 to the 1995 Act or paragraph 8(1) of Schedule 14 to the 1995 Act (reference of applications to the Welsh Ministers) subject to the following modifications—

• (a) subject to paragraph (2), regulations 6 to 11, 13, 14, 15, 18 (except for the purposes of regulations 21(3) and (4)), 20 and 29(1) do not apply;

• (b) in regulation 5 (general provisions relating to screening), paragraphs (4) and (5) do not apply;

• (c) regulation 12(3) (application referred to the Welsh Ministers without an environmental statement), applies as if “and must send a copy of that notification to the relevant planning authority” were omitted;

• (d) in regulation 16 (procedure to facilitate preparation of environmental statements)—

• (i) in paragraph (3)(b) “11(4)(a), 12(6) or 13(7)” read “12(6)”;

• (ii) read paragraph (4) as if “the relevant planning authority and” and “authority or” in both places where it occurs were omitted;

• (e) in regulation 19(2) (publicity where an environmental statement is submitted after the planning application)—

• (i) sub-paragraph (a) read as if “and the name and address of the relevant planning authority” were omitted;

• (ii) read as if sub-paragraph (b) provided—

(b) the date on which the application was made and that it has been made to the Welsh Ministers under regulation 11 of the General Regulations;

• (f) read regulation 21(2) (procedure where an environmental statement is submitted to the Welsh Ministers), as if “and to the relevant planning authority” were omitted;

• (g) in regulation 24(3) (further information and evidence in respect of environmental statements)—

• (i) read sub-paragraph (a) as if “and the name and address of the relevant planning authority” were omitted;

• (ii) read sub-paragraph (b) as if it provided—

(b) the date on which the application was made and that it has been made to the Welsh Ministers under regulation 11 of the General Regulations;

; and

• (h) regulations 25 (consideration of whether planning permission should be granted), 27 (availability of opinions, directions etc. for inspection), 28(1) (information to accompany decisions) and 29(2) (duties to inform the public and the Welsh Ministers of final decisions) apply as if the references to a relevant planning authority were references to a mineral planning authority.

• (2) A mineral planning authority minded to make a ROMP application to the Welsh Ministers under regulation 11 of the General Regulations may request the Welsh Ministers to make a screening direction, and paragraphs (3) to (6) of regulation 7 apply to such a request as they apply to a request made pursuant to regulation 6(8) except as if in paragraph (5) “, and may request the relevant planning authority to provide such information as they can on any of those points” were omitted.

• (3) A request under paragraph (2) must be accompanied by—

• (a) a plan sufficient to identify the land;

• (b) a description of the nature and purpose of the ROMP development, including in particular—

• (i) a description of the physical characteristics of the whole development and, where relevant, of demolition works;

• (ii) a description of the location of the development, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

• (c) a description of the aspects of the environment likely to be significantly affected by the development;

• (d) a description of any likely significant effects, to the extent of the information available on those effects, of the proposed development on the environment resulting from—

• (i) the expected residues and emissions and the production of waste, where relevant; and

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

• (e) such other information as the authority may wish to provide including any features of the proposed development or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

• (4) An authority making a request under paragraph (2) must send to the Welsh Ministers any additional information they may request to enable them to make a direction.

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

10

• (1) This paragraph applies if, in relation to a minerals development—

• (a) a period of 2 years beginning with the suspension date has expired, and

• (b) the steps specified in paragraph 7(2) have yet to be taken.

• (2) The “suspension date” is the date on which the suspension of the power to authorise minerals development (within the meaning of paragraph 7(6)) begins.

• (3) Paragraph 3 of Schedule 9 to the 1990 Act (prohibition of resumption of mineral working) has effect in relation to any part of a site as it has effect in relation to the whole site.

• (4) Sub-paragraph (1) of that paragraph has effect as if from “the mineral planning authority may by order” to the end read—

the mineral planning authority— 1. must by order prohibit the resumption of the winning and working or the depositing; and 2. may in the order impose, in relation to the site, any such requirement as is specified in sub-paragraph (3).

• (5) In sub-paragraph (2)(a) and (b) of that paragraph, references to winning and working or depositing are to be read as references to winning and working or depositing for which permission is not suspended by virtue of paragraph 7(3).

• (6) Paragraph 4(7) of Schedule 9 to the 1990 Act has effect as if “have effect” read “authorise that development”.

SCHEDULE 9 — Amendments to other instruments

The Town and Country Planning (Development Management Procedure) (Wales) Order 2012

1

• (1) The 2012 Order is amended in accordance with this paragraph.

• (2) In article 2(1)—

• (a) omit the definitions of “EIA application” (“cais AEA”), “EIA development” (“datblygiad AEA”), “environmental information” (“gwybodaeth amgylcheddol”) and “environmental statement” (“datganiad amgylcheddol”);

• (b) in the relevant places, insert—

• (i) “any other information” (“unrhyw wybodaeth arall”) has the meaning in the EIA Regulations;

• (ii) “EIA application” (“caisAEA”) has the meaning in the EIA Regulations;

• (iii) “EIA development” (“datblygiadAEA”) has the meaning in the EIA Regulations;

• (iv) “EIA Regulations” (“RheoliadauAEA”) means the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017;

• (v) “environmental information” (“gwybodaeth amgylcheddol”) has the meaning in the EIA Regulations;

• (vi) “environmental statement” (“datganiad amgylcheddol”) has the meaning in the EIA Regulations;

• (vii) “further information” (“gwybodaethbellach”) has the meaning in the EIA Regulations;

• (viii) “Schedule 1 development” (“datblygiad Atodlen1”) and “Schedule 2 development” (“datblygiad Atodlen2”) have the meanings in the EIA Regulations;

• (ix) “scoping opinion” (“barn gwmpasu”) has the meaning in the EIA Regulations; and

• (x) “scoping direction” (“cyfarwyddyd cwmpasu”) has the meaning in the EIA Regulations.

• (3) In article 10(4), after “planning permission”, insert “ other than EIA applications ”.

• (4) In article 12 —

• (a) in paragraph (2), for “In” substitute “ Subject to paragraph (3A), in ”;

• (b) omit paragraph (2)(a);

• (c) after paragraph (3), insert—

(3A) In the case of an EIA application, the local planning authority must publicise the application in accordance with the requirements of paragraph (7A) and, where the environmental statement is submitted with the application, 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.

• (d) in paragraph (4), for “paragraph (4A)” substitute “ paragraph (3A) or (4A) ”;

• (e) in paragraph (4A), for “(2)(a) or (c)”, substitute “ (2)(c) or (3A) ”;

• (f) in paragraph (5), after “paragraph (2),”, insert “ paragraph (3A), ”;

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

• (h) in paragraph (7), after “planning permission”, insert “ other than EIA applications ”; and

• (i) after paragraph (7) insert—

(7A) The local planning authority must ensure it maintains a website for the purpose of publicising EIA applications and the following information must be published on the website— (a) the address or location of the proposed development; (b) a description of the proposed development; (c) the fact that the development is subject to an environmental impact assessment procedure; (d) the environmental statement, any relevant scoping opinion or scoping direction and any further information or any other information; (e) in accordance with the Freedom of Information Act 2000 and the Data Protection Act 1998, the main reports and advice issued to the authority at the time the information is published (if any); (f) in accordance with the Environmental Information Regulations 2004 , information other than that required under any other sub-paragraph which is relevant to the decision and which only becomes available after the time the information required by this paragraph was first published; (g) where, when and the means by which the application and the environmental statement may be inspected; (h) how copies of the environmental statement may be obtained and the cost of such copies; (i) the date by which any representations about the application must be made, which must not be before the last day of the period of 30 days beginning with the last date on which the environmental statement is published either on the website, in accordance with paragraph (3A) or in accordance with regulation 19 of the EIA Regulations; (j) other details of the arrangements for public participation in the decision-making procedure including a description of the procedure for the publication of any additional information subsequently submitted by the applicant; (k) how representations may be made about the application; (l) details of the person or body responsible for taking the decision; (m) that, in the case of a householder application or a minor commercial application, in the event of an appeal that proceeds by way of the expedited procedure, any representations made about the application will be passed to the Welsh Ministers and there will be no opportunity to make further representations.

• (5) In article 14(4)(b), for “21 days” in both places it occurs, substitute “ 30 days in the case of an EIA application or 21 days in any other case ”.

• (6) In article 15A(2) , after “21 days” insert “ , or 30 days in the case of an EIA application, in either case ”.

• (7) In article 15C after “21 days” insert “ , or 30 days in the case of an EIA application, in either case ”.

• (8) In article 16 after “14 days” in both places where it occurs, insert “ , (or 30 days in the case of an EIA application), ”.

• (9) In article 18(2), for “the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016”, substitute “ the EIA Regulations ”.

• (10) In article 21—

• (a) in paragraph (1)(a), after “21 days”, insert “ , or, in the case of an EIA application accompanied by an environmental statement 30 days, in either case ”; and

• (b) in paragraph (1)(c), after “14 days”, insert “ , or, in the case of an EIA application accompanied by an environmental statement 30 days, in either case ”.

• (11) In article 22—

• (a) in paragraph (6)(a), after “21 days” insert “ or, in the case of an EIA application accompanied by an environmental statement 30 days, in either case ”; and

• (b) in paragraph (6)(c), after “14 days” insert “ or, in the case of an EIA application accompanied by an environmental statement 30 days, in either case ”.

• (12) Omit article 24(2).

• (13) In article 27—

• (a) in paragraph (5)(b), for “28 days”, insert “ 30 days ”;

• (b) in paragraph (6)(b)(iii) for “28 days” insert “ 30 days ”;

• (c) in paragraph (6)(c)(iii), for “28 days” insert “30 days;

• (d) in paragraph (7)(a) and (c) for “28 days” substitute “30 days; and

• (e) in paragraph (13)(b), for “the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016”, substitute “ the EIA Regulations ”.

• (14) In Schedule 3, in the notice under article 12(3) of application for planning permission—

• (a) after “ARTICLE 12(3)” insert “ OR 12(3A) ”;

• (b) after “until all reasonable hours until (f)…” insert “ (fa) ” and at the end of the notice after note (f) insert as note (fa)—

(fa) details of the website on which the environmental statement and any other documents may be inspected

• (c) after “at a charge of (h)*…” insert “ (ha) ” and at the end of the notice after note (h) insert as note (ha)—

(ha) the website where any other information received from the applicant in respect of the proposed development is published

; and

• (d) in note (f) for “date”, substitute— “date:

(i) in the case of an EIA application, giving a period of 30 days beginning with the later of the date on which the notice is first displayed on or near the site, the date the notice is first published in a newspaper or the date the information required to be published on the website of the local planning authority pursuant to article 12(7) is so published; or (ii) in any other case,

Developments of National Significance (Procedure) (Wales) Order 2016

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 10 — Consequential amendments

The Town and Country Planning (General Permitted Development) Order 1995

1

• (1) The Town and Country Planning (General Permitted Development) Order 1995 is amended as follows.

• (2) In article 3—

• (a) in paragraph (10), for “2016”, substitute “ 2017 ”; and

• (b) in paragraphs (10) and (11)—

• (i) for “regulation 4(8)” substitute “ regulation 5(11) ”;

• (ii) for “regulation 6(6)” substitute “ regulation 7(6) ”; and

• (iii) for “regulation 4(4)” substitute “ regulation 5(4) ”.

The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

2

• (1) The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999 are amended as follows.

• (2) In regulation 2(1), for the definition of “the 2016 EIA Regulations” substitute—

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

• (3) In regulation 4(3)—

• (a) in sub-paragraph (b), for “regulation 6(6)” substitute “ regulation 7(6) ”; and

• (b) for “2016” (in both places where it occurs) substitute “ 2017 ”.

The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006

3

• (1) The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006 are amended as follows.

• (2) In the definition of “EIA application” (“cais Asesiad o'r Effaith Amgylcheddol”) in regulation 6(8), for “2016”, substitute “ 2017 ”.

Signed

Lesley Griffiths — Cabinet Secretary for Environment and Rural Affairs, one of the Welsh Ministers — 2017-04-20

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 p. 68. Diwygiwyd adran 2(2) gan adran 27(1) o Ddeddf Diwygio Deddfwriaethol a Rheoleiddiol 2006 (p. 51) ac adran 3(3) o Ddeddf yr Undeb Ewropeaidd (Diwygio) 2008 (p. 7) a Rhan 1 o’r Atodlen i’r Ddeddf honno.

[^f00002]: O.S. 2007/1679. Gweler erthygl 4.

[^f00003]: 1990 p. 8. Mewnosodwyd adran 71A gan adran 15 o Ddeddf 1991. Trosglwyddwyd swyddogaethau’r Ysgrifennydd Gwladol o dan y Ddeddf honno i Gynulliad Cenedlaethol Cymru, i’r graddau y maent yn arferadwy o ran Cymru, gan erthygl 2 o Orchymyn Cynulliad Cenedlaethol Cymru (Trosglwyddo Swyddogaethau) 1999 (O.S. 1999/672) ac Atodlen 1 i’r Gorchymyn hwnnw: gweler y cofnod yn Atodlen 1 ar gyfer Deddf 1991. Trosglwyddwyd y swyddogaethau hynny i Weinidogion Cymru gan adran 162 o Ddeddf Llywodraeth Cymru 2006 (p. 32) a pharagraff 30 o Atodlen 11 i’r Ddeddf honno, y swyddogaethau yn swyddogaethau perthnasol i’r Cyulliad fel y diffinnir ym mharagraff 30(2).

[^f00004]: Mae Cyfarwyddeb 2011/92/EU wedi ei diwygio gan Gyfarwyddeb 2014//52/EU. Gweler Erthyglau 2(1) a 3(1) o Gyfarwyddeb 2014/52/EU.

[^f00005]: O.J. Rhif L 26, 28.1.2012, t. 1. Mae’r Gyfarwyddeb wedi ei diwygio gan Gyfarwyddeb 2014/52/EU Senedd Ewrop a’r Cyngor, O.J. Rhif L 124, 25.4.2014, t. 1. Gweler yn benodol Erthygl 3(1).

[^f00006]: 1981 p. 69. Amnewidiwyd adran 28(1) gan Ddeddf Cefn Gwlad a Hawliau Tramwy 2001 (p. 37), adran 75(1) ac Atodlen 9, paragraff 1, a’i ddiwygio gan Ddeddf yr Amgylchedd Naturiol a Chymunedau Gwledig 2006 (p. 16) adran 105(1), Atodlen 11, Rhan 1, paragraff 79, a chan Ddeddf y Môr a Mynediad i’r Arfordir 2009 (p. 23) adran 148, Atodlen 13, Rhan 2, paragraff 2(1).

[^f00007]: 1949 p. 97, gweler adran 5(3). Gweler adran 27AA ar gyfer cymhwysiad adran 28 mewn perthynas â thir yng Nghymru.

[^f00008]: Gweler Papur Gorchymyn 9424 a http:/whc.unesco.org/en/list.

[^f00010]: 2000 p. 37. Diwygiwyd adran 82(2) gan O.S. 2013/755.

[^f00011]: Mewnosodwyd adran 62D gan adran 19 o Ddeddf Cynllunio (Cymru) 2015 (dccc 4).

[^f00012]: Diwygiwyd adran 77 gan Ddeddf 1991, Atodlen 7, paragraff 18.

[^f00013]: Amnewidwyd adran 69 gan Ddeddf Cynllunio a Phrynu Gorfodol 2004, adran 188(1) ac Atodlen 6, paragraffau 1 a 3; diwygiwyd adran 69 gan Ddeddf Cynllunio 2008 (p. 29), adran 190(1) a (4); Deddf Lleoliaeth 2011 (p. 20), adran 237 a Rhan 18 o Atodlen 25. Mae diwygiadau eraill nad ydynt yn berthnasol i’r offeryn hwn.

[^f00014]: 1991 p. 34.

[^f00015]: 1995 p. 25.

[^f00016]: O.S. 2012/801 (Cy. 110); diwygiwyd gan O.S. 2016/1330 (Cy. 123); mae offerynnau diwygio eraill ond nid oes yr un yn berthnasol.

[^f00017]: O.S. 2016/55 (Cy. 25).

[^f00018]: Mewnosodwyd adran 61A gan Ddeddf Cynllunio a Phrynu Gorfodol 2004 (p. 5), adran 40(1); cafodd is-adran (1) ei diddymu gan Ddeddf Cynllunio 2008, adrannau 188(1), (2), 238 ac Atodlen 13; diwygiwyd is-adran (2) gan Ddeddf Cynllunio 2008, adran 188(1) a (3).

[^f00019]: O.J. Rhif L 26, 28.1.2012, t. 1-21. Diwygiwyd Cyfarwyddeb y Cyngor 2011/92/EU gan Gyfarwyddeb y Cyngor 2014/52/EU, O.J. Rhif L 124, 25.4.2014, t. 1-18.

[^f00020]: 1972 p. 70. Ystyr “principal council” yw cyngor a etholwyd ar gyfer bwrdeistref sirol.

[^f00021]: O.S. 2010/490. Ceir diwygiadau i reoliad 8 nad ydynt yn berthnasol i’r Rheoliadau hyn.

[^f00022]: Gweler O.S. 2012/1903 (Cy. 230).

[^f00023]: Diwygiwyd adran 329 gan Orchymyn Cynllunio Gwlad a Thref (Cyfathrebiadau Electronig) (Cymru) (Rhif 1) 2004 (O.S. 2004/3156 (Cy. 273)).

[^f00024]: Cyfarwyddeb y Cyngor 92/43/EEC dyddiedig 21 Mai 1992 ar warchod cynefinoedd naturiol a gwarchod ffawna a fflora gwyllt O.J. L 206, 22.7.1992, tt. 7-50.

[^f00025]: Cyfarwyddeb 2009/147/EC Senedd Ewrop a’r Cyngor dyddiedig 30 Tachwedd 2009 ar warchod adar gwyllt O.J. L 20, 26.1.2010, tt. 7-25.

[^f00027]: Diwygiwyd adran 78 gan Ddeddf 1991, adran 17(2); Deddf Cynllunio a Phrynu Gorfodol 2004 (p. 5), adran 43(2); Deddf Lleoliaeth 2011 (p. 20), adran 121 ac Atodlen 12, paragraffau 1 ac 11 ac adran 123(1) a (3); Deddf Cynllunio 2008 (p. 29), adran 196(4) ac Atodlen 10, paragraffau 1 a 3, adran 197 ac Atodlen 11, paragraffau 1 a 2; Deddf Twf a Seilwaith 2013 (p. 27), adran 1(2) ac Atodlen 1, paragraffau 1 ac 8; Deddf Cynllunio (Cymru) 2015 (dccc 4), adran 45; a chan O.S. 2014/2773 (Cy. 280), erthygl 3 ac Atodlen 1, paragraffau 1 a 3. Mae diwygiad arall nad yw’n berthnasol i’r offeryn hwn.

[^f00028]: Diwygiwyd adran 77 gan Ddeddf 1991, adran 32, Atodlen 7, paragraff 18; Deddf Seilwaith 2015 (p. 7), adran 30(1) ac Atodlen 4, Rhan 2, paragraffau 2 ac 11(a), a chan O.S. 2014/2773 (Cy. 280), erthygl 3 ac Atodlen 1, paragraffau 1 a 2. Mae diwygiadau eraill nad ydynt yn berthnasol i’r offeryn hwn.

[^f00029]: O.S. 2004/3391.

[^f00030]: Gweler y diffiniad o “simplified planning zone” yn adran 336 o Ddeddf 1990.

[^f00031]: Mae adran 141 o Ddeddf 1990 yn galluogi Gweinidogion Cymru i gymryd camau penodol mewn perthynas â chaniatâd cynllunio yn hytrach na chadarnhau hysbysiad prynu a gyflwynir iddynt yn unol ag adran 140 o Ddeddf 1990. Gellir cyflwyno hysbysiad prynu i gyngor yn unol ag adran 137 o Ddeddf 1990.

[^f00032]: Diwygiwyd adran 174 gan adrannau 6, 32 ac 84 o Ddeddf 1991, O.S. 2004/3156 (Cy. 273) a pharagraff 22 o Ran 1 o Atodlen 19 iddi, adran 63 o Ddeddf Menter a Diwygio Rheoleiddio 2013 (p. 24) a pharagraffau 2 a 5 o Atodlen 17 iddi a chan adran 46 o Ddeddf Cynllunio (Cymru) 2015 (dccc 4). Ceir diwygiadau eraill nad ydynt yn berthnasol o ran Cymru. Gweler hefyd adran 177(5) a ddiwygiwyd gan baragraff 24 o Atodlen 7 i Ddeddf 1991.

[^f00033]: Amnewidiwyd adran 172 gan adran 5 o Ddeddf 1991.

[^f00034]: Mewnosodwyd adran 171C gan adran 1 o Ddeddf 1991 ac fe’i diwygiwyd gan erthygl 5(a) o O.S. 2004/3156 (Cy. 273).

[^f00035]: Mewnosodwyd adran 171E gan adran 52 o Ddeddf Cynllunio a Phrynu Gorfodol 2004 (p. 5).

[^f00036]: Amnewidiwyd adran 183 gan adran 9 o Ddeddf 1991.

[^f00037]: Mewnosodwyd adran 187A gan adran 2 o Ddeddf 1991. Ceir diwygiad pellach nad yw’n berthnasol o ran Cymru.

[^f00038]: Mewnosodwyd adran 187B gan adran 3 o Ddeddf 1991.

[^f00039]: Diwygiwyd adran 177 gan adrannau 6(3) a 32 o Ddeddf 1991 a pharagraff 24 o Atodlen 7 iddi, a chan adran 123(1), (6) o Ddeddf Lleoliaeth 2011 (p. 20) a chan adran 46 o Ddeddf Cynllunio (Cymru) 2015. Mae diwygiad arall nad yw’n berthnasol i’r offeryn hwn.

[^f00040]: Gweler adran 177(8) o Ddeddf 1990.

[^f00041]: Diwygiwyd paragraff 6 gan O.S. 2004/3156 (Cy. 273). Mae diwygiad arall nad yw’n berthnasol i’r Rheoliadau hyn.

[^f00042]: O.S. 2009/3342 (Cy. 293).

[^f00043]: O.S. 1992/1492. Yr offerynnau diwygio perthnasol yw O.S. 1992/1892 ac O.S. 1997/3006.

[^f00044]: Diwygiwyd adran 288(1)(b) gan Ddeddf Cynllunio (Cymru) 2015 (dccc 4), adran 27 ac Atodlen 4, paragraff 16.

[^f00045]: Mewnosodwyd is-baragraff (aa) o erthygl 22(2) gan erthygl 11(b) o Orchymyn Cynllunio Gwlad a Thref (Gweithdrefn Rheoli Datblygu) (Cymru) (Diwygio) 2016 (O.S. 2016/59 (Cy. 29)).

[^f00046]: Mae diwygiadau i adran 60 nad ydynt yn berthnasol i’r Rheoliadau hyn.

[^f00047]: Mewnosodwyd adran 293A gan adran 82(1) o Ddeddf Cynllunio a Phrynu Gorfodol 2004 (p. 5) (“Deddf 2004”) ac fe’i diwygiwyd gan adran 16 ac Atodlen 2, paragraffau 8 a 9 ac adran 27 a pharagraffau 1 a 17(1) i (3) o Atodlen 4 i Ddeddf Cynllunio (Cymru) 2015. Mae adran 118(3) o Ddeddf 2004 yn darparu bod rhaid cymryd bod cyfeiriad yn Atodlen 1 i Orchymyn Cynulliad Cenedlaethol Cymru (Trosglwyddo Swyddogaethau) 1999 (O.S. 1999/672) at ddeddfiad a ddiwygiwyd gan Ddeddf 2004 yn gyfeiriad at y deddfiad fel y’i diwygiwyd felly.

[^f00048]: O.S. 2009/3342 (Cy. 293) fel y’i diwygiwyd gan O.S. 2003/755 (Cy. 90) ac O.S. 2016/58 (Cy. 28) gweler ar gyfer ceisiadau ROMP a wnaed cyn 15 Tachwedd 2000.

[^f00049]: O.S. 2016/58 (Cy. 28).

[^f00050]: Gweler Papur Gorchymyn 6993.

[^f00051]: Gweler Papur Gorchymyn 6614.

[^f00053]: O.S. 2005/1806 (Cy. 138).

[^f00054]: O.J. Rhif L 135, 30.5.1991, t. 40.

[^f00055]: O.J. Rhif L 140, 5.6.2009, t. 114.

[^f00056]: 1991 p. 57. Gweler adran 104.

[^f00060]: O.S. 2004/3391.

[^f00061]: O.S. 2004/3391.

[^f00062]: Gweler adran 99(7) o Ddeddf 1990 mewn perthynas â gorchmynion a gadarnhawyd gan Weinidogion Cymru.

[^f00063]: Mewnosodir erthygl 12(7A) yng Ngorchymyn 2012 gan baragraff 1(3)(h) o Atodlen 9 i’r Rheoliadau hyn.

[^f00064]: Ar gyfer ystyr “cais ROMP” a “ROMP” gweler rheoliad 55(1).

[^f00065]: Mae darpariaethau Gorchymyn 2012 yn gymwys i geisiadau o dan baragraff 9(1) o Atodlen 13 i Ddeddf 1995 yn rhinwedd paragraff 9(5) o’r Atodlen honno.

[^f00066]: Mewnosodir paragraff (3A) yng Ngorchymyn 2012 gan baragraff 1(3)(c) o Atodlen 9 i’r Rheoliadau hyn.

[^f00067]: Gweler paragraff 8(2) o’r Atodlen hon.

[^f00068]: Mae’r darpariaethau hyn yn gymwys i geisiadau o dan baragraff 2(2) o Atodlen 2 i Ddeddf 1991 fel y’u cymhwysir gan baragraff 9 o Atodlen 2 i Ddeddf 1991.

[^f00069]: Diwygiwyd rheoliad 11 gan O.S. 1999/1810 ac O.S. 1999/1892.

[^f00070]: Diwygiwyd paragraff 3 gan Ddeddf 1991, Atodlen 1, paragraff 15(6).

[^f00071]: Diwygiwyd erthygl 12 gan erthyglau 2 a 5(a) o O.S. 2015/1330 (Cy. 123) a chan erthyglau 2 a 10(2) o O.S. 2016/59 (Cy. 29).

[^f00072]: O.S. 2004/3391.

[^f00073]: Mewnosodwyd erthygl 15A(2) gan erthyglau 2 a 7 o O.S. 2015/1330 (Cy. 123). Fe’i digwygiwyd ymhellach gan erthyglau 2 a 10(5)(b) o O.S. 2016/59 (Cy. 29).

[^f00074]: O.S. 2004/3391.

[^f00075]: O.S. 1995/418 y mae diwygiadau iddo nad ydynt yn berthnasol i’r Rheoliadau hyn.

[^f00076]: O.S. 1999/1672.

[^f00077]: O.S. 2006/1387 (Cy. 137).

[^f00078]: O.S. 2016/58 (Cy. 28).

[^f00079]: O.J. Rhif L 175, 5.7.1985, t. 40. Diwygiwyd Cyfarwyddeb y Cyngor 85/337/EEC gan Gyfarwyddeb y Cyngor 97/11/EC, O.J. Rhif L 73, 14.3.1997, t. 5; Cyfarwyddeb 2003/35/EC Senedd Ewrop a’r Cyngor, O.J. Rhif L 156, 25.6.2003, t. 17; a Chyfarwyddeb 2009/31/EC Senedd Ewrop a’r Cyngor, O.J. Rhif L 140, 5.6.2009, t. 114. Cafodd Cyfarwyddeb 1985 a darpariaethau diwygio Cyfarwyddeb ddilynol eu codeiddio yn y Gyfarwyddeb, O.J. Rhif L 26 28.1.2012, t. 1.

[^f00080]: O.J. Rhif L 26, 28.1.2012, t. 1.

[^f00081]: O.J. Rhif L 124, 25.4.2014, t. 1.

[^f00082]: 1990 p. 8.

[^f00083]: O.S. 2012/801 (Cy. 110).

[^f00084]: O.S. 2010/490.

Interpretation

In this Schedule—

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

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

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

Descriptions of development

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

1

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

2

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

• (b) Nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

3

• (a) Installations for the reprocessing of irradiated nuclear fuel;

• (b) Installations designed—

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

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

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

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

• (v) solely for the storage (planned for more than 10 years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

4

• (a) Integrated works for the initial smelting of cast-iron and steel;

• (b) Installations for the production of non-ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

5

Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos—

• (a) for asbestos-cement products, with an annual production of more than 20,000 tonnes of finished products;

• (b) for friction material, with an annual production of more than 50 tonnes of finished products; and

• (c) for other uses of asbestos, utilisation of more than 200 tonnes per year.

6

Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are—

• (a) for the production of basic organic chemicals;

• (b) for the production of basic inorganic chemicals;

• (c) for the production of phosphorous-, nitrogen- or potassium-based fertilisers (simple or compound fertilisers);

• (d) for the production of basic plant health products and of biocides;

• (e) for the production of basic pharmaceutical products using a chemical or biological process;

• (f) for the production of explosives.

7

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

• (b) Construction of motorways and express roads;

• (c) Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road would be 10 kilometres or more in a continuous length.

8

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

• (b) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

9

Waste disposal installations for the incineration, chemical treatment (as defined in Annex I to Directive 2008/98/EC of the European Parliament and of the Council, as last amended by Directive (EU) 2018/851, under heading D9), or landfill of hazardous waste as defined in regulation 6 of the Hazardous Waste (Wales) Regulations 2005 .

10

Waste disposal installations for the incineration or chemical treatment (as defined in Annex I to Directive 2008/98/EC of the European Parliament and of the Council, as last amended by Directive (EU) 2018/851, under heading D9) of non-hazardous waste with a capacity exceeding 100 tonnes per day.

11

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

12

• (a) Works for the transfer of water resources, other than piped drinking water, between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year;

• (b) In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the multi-annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5% of this flow.

13

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

14

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

15

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

16

Pipelines with a diameter of more than 800 millimetres and a length of more than 40 kilometres:

• — for the transport of gas, oil, chemicals, or

• — for the transport of carbon dioxide streams for the purposes of geological storage, including associated booster stations.

17

Installations for the intensive rearing of poultry or pigs with more than—

• (a) 85,000 places for broilers or 60,000 places for hens;

• (b) 3,000 places for production pigs (over 30 kg); or

• (c) 900 places for sows.

18

Industrial plants for—

• (a) the production of pulp from timber or similar fibrous materials;

• (b) the production of paper and board with a production capacity exceeding 200 tonnes per day.

19

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

20

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

21

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

22

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 which implemented Directive 2009/31/EC from installations covered by this Schedule, or where the total yearly capture of carbon dioxide is 1.5 megatonnes or more.

23

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

Editorial notes

[^c23311101]: 1972 c. 68. Section 2(2) was amended by section 27(1) of the Legislative and Regulatory Reform Act 2006 (c. 51) and section 3(3) of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c. 7).

[^c23311111]: S.I. 2007/1679. See article 4.

[^c23311121]: 1990 c. 8. Section 71A was inserted by section 15 of the 1991 Act. The functions of the Secretary of State under that Act were, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672): see the entry in Schedule 1 for the 1991 Act. Those functions were transferred to the Welsh Ministers by section 162 of, and paragraph 30 of Schedule 11 to, the Government of Wales Act 2006 (c. 32), the functions being relevant Assembly functions as defined in paragraph 30(2).

[^c23311131]: Directive 2011/92/EU has been amended by Directive 2014//52/EU. See Articles 2(1) and 3(1) of Directive 2014/52/EU.

[^c23311141]: O.J. No. L 26, 28.1.2012, p. 1. The Directive has been amended by Directive 2014/52/EU of the European Parliament and of the Council O.J. No. L 124, 25.4.2014, p. 1. See in particular Article 3(1).

[^c23311151]: 1991 c. 34.

[^c23311161]: 1995 c. 25.

[^c23311171]: S.I. 2012/801 (W. 110); amended by S.I. 2015/1330 (W. 123); there are other amending instruments but none is relevant.

[^c23311191]: See S.I. 2012/1903 (W. 230).

[^c23311201]: O.J. No. L 26, 28.1.2012, p. 1-21. Council Directive 2011/92/EU has been amended by Council Directive 2014/52/EU, O.J. No. L 124, 25.4.2014, p. 1–18.

[^c23311221]: Section 61A was inserted by the Planning and Compulsory Purchase Act 2004 (c. 5), section 40(1); sub-section (1) was repealed by the Planning Act 2008, sections 188(1), (2), 238 and Schedule 13; sub-section (2) was amended by the Planning Act 2008, section 188(1) and (3).

[^c23311231]: 1972 c. 70. “Principal council” means a council elected for a county borough.

[^c23311241]: Section 69 was substituted by the Planning and Compulsory Purchase Act 2004, section 188(1) and Schedule 6, paragraphs 1 and 3; section 69 was amended by the Planning Act 2008 (c. 29), section 190(1) and (4); the Localism Act 2011 (c. 20), section 237 and Part 18 of Schedule 25. There are other amendments which are not relevant to this instrument.

[^c23311261]: Section 77 was amended by the 1991 Act, Schedule 7, paragraph 18.

[^c23311271]: 1981 c. 69. Section 28(1) was substituted by the Countryside and Rights of Way Act 2001 (c. 37), section 75(1) and Schedule 9, paragraph 1, and amended by the Natural Environment and Rural Communities Act 2006 (c. 16) section 105(1), Schedule 11, Part 1, paragraph 79, and by the Marine and Coastal Access Act 2009 (c. 23) section 148, Schedule 13, Part 2, paragraph 2(1).

[^c23311281]: 1949 c. 97, see section 5(3). See section 27AA for the application of section 28 in relation to land in Wales.

[^c23311291]: See Command Paper 9424 and http:/whc.unesco.org/en/list.

[^c23311311]: 2000 c. 37. Section 82(2) was amended by S.I. 2013/755.

[^c23311321]: Section 329 was amended by the Town and Country Planning (Electronic Communications) (Wales) (No. 1) Order 2004 (S.I. 2004/3156 (W. 273)).

[^c23311331]: Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and on the conservation of wild fauna and flora O.J. L 206, 22.7.1992, pp. 7–50.

[^c23311341]: Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds O.J. L 20, 26.1.2010, pp. 7–25.

[^c23311361]: Section 78 was amended by the 1991 Act, section 17(2); the Planning and Compulsory Purchase Act 2004 (c. 5), section 43(2); the Localism Act 2011 (c. 20), section 121 and Schedule 12, paragraphs 1 and 11 and section 123(1) and (3); the Planning Act 2008 (c. 29), section 196(4) and Schedule 10, paragraphs 1 and 3, section 197 and Schedule 11, paragraphs 1 and 2; the Growth and Infrastructure Act 2013 (c. 27), section 1(2) and Schedule 1, paragraphs 1 and 8; the Planning (Wales) Act 2015 (anaw 4), section 45; and by S.I. 2014/2773 (W. 280), article 3 and Schedule 1, paragraphs 1 and 3. There is another amendment which is not relevant to this instrument.

[^c23311371]: Section 77 was amended by the 1991 Act, section 32, Schedule 7, paragraph 18; the Infrastructure Act 2015 (c. 7), section 30(1) and Schedule 4, Part 2, paragraphs 2 and 11(a); and by S.I. 2014/2773 (W. 280), article 3 and Schedule 1, paragraphs 1 and 2. There are other amendments which are not relevant to this instrument.

[^c23311381]: S.I. 2004/3391.

[^c23311391]: See the definition of “simplified planning zone” in section 336 of the 1990 Act.

[^c23311401]: Section 141 of the 1990 Act enables Welsh Ministers to take certain action in relation to planning permission instead of confirming a purchase notice submitted to them pursuant to section 140 of the 1990 Act. A purchase notice may be served on a council pursuant to section 137 of the 1990 Act.

[^c23311411]: Section 172 was substituted by section 5 of the 1991 Act.

[^c23311421]: Section 171C was inserted by section 1 of the 1991 Act and amended by article 5(a) of S.I. 2004/3156 (W. 273).

[^c23311431]: Section 171E was inserted by section 52 of the Planning and Compulsory Purchase Act 2004 (c. 5).

[^c23311441]: Section 183 was substituted by section 9 of the 1991 Act.

[^c23311451]: Section 187A was inserted by section 2 of the 1991 Act. There is a further amendment which is not relevant to Wales.

[^c23311461]: Section 187B was inserted by section 3 of the 1991 Act.

[^c23311471]: Section 174 was amended by sections 6, 32 and 84 of, and paragraph 22 of Part 1 to Schedule 19 to the 1991 Act, S.I. 2004/3156 (W. 273), section 63 of, and paragraphs 2 and 5 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24) and by section 46 of the Planning (Wales) Act 2015 (anaw 4). There are other amendments which are not relevant to Wales.See also section 177(5) which was amended by paragraph 24 of Schedule 7 to the 1991 Act.

[^c23311481]: Section 177 was amended by sections 6(3) and 32 of, and paragraph 24 of Schedule 7 to, the 1991 Act and by section 123(1), (6) of the Localism Act 2011 (c. 20) and by section 44(1) and (3) of the Planning (Wales) Act 2015. There is another amendment which is not relevant to this instrument.

[^c23311491]: See section 177(8) of the 1990 Act.

[^c23311501]: S.I. 1992/1492. Relevant amending instruments are S.I. 1992/1892 and S.I. 1997/3006.

[^c23311511]: Paragraph 6 was amended by S.I. 2004/3156 (W. 273). There is another amendment which is not relevant to these Regulations.

[^c23311521]: S.I. 2009/3342 (W. 293).

[^c23311531]: Section 288(1)(b) was amended by the Planning (Wales) Act 2015 (anaw 4), section 27 and Schedule 4, paragraph 16.

[^c23311541]: Sub-paragraph (aa) of article 22(2) was inserted by article 11(b) of the Town and Country Planning (Development Management Procedure) (Wales) (Amendment) Order 2016 (S.I. 2016/59 (W. 29)).

[^c23311551]: There are amendments to section 60 which are not relevant to these Regulations.

[^c23311561]: Section 293A was inserted by section 82(1) of the Planning and Compulsory Purchase Act 2004 (c. 5) (the “2004 Act”) and has been amended by section 16 and Schedule 2, paragraphs 8 and 9 and section 27 and paragraphs 1 and 17(1) to (3) of Schedule 4 to the Planning (Wales) Act 2015. Section 118(3) of the 2004 Act provides that a reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) to an enactment amended by the 2004 Act must be taken as a reference to the enactment as so amended.

[^c23311571]: S.I. 2009/3342 (W. 293) as amended by S.I. 2003/755 (W. 90) and S.I. 2016/58 (W. 28) see for ROMP applications made before 15 November 2000.

[^c23311581]: S.I. 2016/58 (W. 28).

[^c23311591]: See Command Paper 6614.

[^c23311601]: See Command Paper 6993.

[^c23311621]: S.I. 2005/1806 (W. 138).

[^c23311631]: O.J. No. L 135, 30.5.1991, p. 40.

[^c23311641]: O. J. No L 140, 5.6.2009, p. 114.

[^c23311671]: 1991 c. 57. See section 104.

[^c23311691]: Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora O.J. L 206, 22/07/1992 pp. 7–50.

[^c23311701]: Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds O.J. L 20, 26/1/2010, pp. 7–25.

[^c23311711]: S.I. 2004/3391.

[^c23311721]: S.I. 2004/3391.

[^c23311731]: See section 99(7) of the 1990 Act in relation to orders confirmed by the Welsh Ministers.

[^c23311741]: Article 12(7A) is inserted in the 2012 Order by paragraph 1(3)(h) of Schedule 9 to these Regulations.

[^c23311751]: For the meaning of “ROMP” and “ROMP application” see regulation 55(1).

[^c23311761]: The provisions of the 2012 Order apply to applications under paragraph 9(1) of Schedule 13 to the 1995 Act by virtue of paragraph 9(5) of that Schedule.

[^c23311771]: Paragraph (3A) is inserted in the 2012 Order by paragraph 1(3)(c) of Schedule 9 to these Regulations.

[^c23311781]: Seeparagraph 8(2) of this Schedule.

[^c23311791]: These provisions apply to applications under paragraph 2(2) of Schedule 2 to the 1991 Act as they are applied by paragraph 9 of Schedule 2 to the 1991 Act.

[^c23311801]: Regulation 11 was amended by S.I. 1999/1810 and S.I. 1999/1892.

[^c23311811]: Paragraph 3 was amended by the 1991 Act, Schedule 1, paragraph 15(6).

[^c23311821]: Article 12 has been amended by articles 2 and 5(a) of S.I. 2015/1330 (W. 123) and by articles 2 and 10(2) of S.I. 2016/59 (W. 29).

[^c23311831]: S.I. 2004/3391.

[^c23311841]: Article 15A(2) was inserted by articles 2 and 7 of S.I. 2015/1330 (W. 123). It was further amended by articles 2 and 10(5)(b) of S.I. 2016/59 (W. 29).

[^c23311861]: S.I. 1995/418 to which there are amendments not relevant to these Regulations.

[^c23311871]: S.I. 1999/1672.

[^c23311881]: S.I. 2006/1387 (W. 137).

[^c23311891]: S.I. 2016/58 (W. 28).

[^c23311901]: O.J. No. L 175, 5.7.1985, p. 40. Council Directive 85/337/EEC was amended by Council Directive 97/11/EC, O.J. No. L 73, 14.3.1997, p. 5; Directive 2003/35/EC of the European Parliament and of the Council, O.J. No. L 156, 25.6.2003, p. 17; and Directive 2009/31/EC of the European Parliament and of the Council, O.J. No. L 140, 5.6.2009, p. 114. The 1985 Directive and the amending provisions of a subsequent Directive were codified in the Directive, O.J. No. L 26, 28.1.2012, p. 1.

[^c23311911]: O.J. No. L 26, 28.1.2012, p. 1.

[^c23311921]: O.J. No. L 124, 25.4.2014, p. 1.

[^c23311931]: 1990 c. 8.

[^c23311941]: S.I. 2010/801 (W. 110).

[^c23311951]: S.I. 2010/490.

[^key-a3360c82b78cdb84a7450e262c5e5d99]: Words in reg. 2(1) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 78(2)(a)

[^key-09b0d09574d7d1836b9d3998b75a8177]: Words in reg. 26(2) substituted (30.11.2017) by The Conservation of Habitats and Species Regulations 2017 (S.I. 2017/1012), reg. 1(2), Sch. 6 para. 78(3)(a)

[^key-bf61f5b2281fb404ecf5a2dbef4c03c9]: Words in Sch. 1 para. 9 substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 20(2)

[^key-6e8ae9348b5d5fa07be434815ed14536]: Words in Sch. 1 para. 10 substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 20(2)

[^key-85fd805e9101b7aeb7dfed8dda8f4a21]: Words in Sch. 2 para. 2 table substituted (17.12.2018) by The Environment, Planning and Rural Affairs (Miscellaneous Amendments) (Wales) Regulations 2018 (S.I. 2018/1216), regs. 1(3), 20(3)