The Town and Country Planning (Environmental Impact Assessment) Regulations 2011
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The Town and Country Planning (Environmental Impact Assessment) Regulations 2011
Statutory Instruments
Town And Country PlanningMade19 th July 2011Laid before Parliament26 th July 2011Coming into force24 August 2011The Secretary of State being designated(1) for the purposes of section 2(2) of the European Communities Act 1972(2) in relation to measures relating to the environment, in exercise of the powers conferred by that section, section 71 A of the Town and Country Planning Act 1990(3) , and having taken into account the selection criteria in Annex III to Council Directive 85/337/EEC(4) as amended by Council Directive 97/11/EC(5) , makes the following Regulations:PART 1 GeneralCitation, commencement and application1.—(1) These Regulations may be cited as the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 and shall come into force on 24 August 2011.(2) Subject to paragraph (4) , these Regulations shall apply in relation to England only.(3) Paragraphs (2) and (6)(a) of regulation 17 shall not apply to the Isles of Scilly and, in relation to the Isles of Scilly, the reference in paragraph (7) of that regulation to paragraph (6) of that regulation shall be construed as a reference to paragraph (6)(b).(4) Regulations 55 to 57 shall apply in relation to Scotland, Wales and Northern Ireland respectively(6).Interpretation2.—(1) In these Regulations—“the Act” means the Town and Country Planning Act 1990 and references to sections are references to sections of that Act;“the 1991 Act” means the Planning and Compensation Act 1991(7);“the 1995 Act” means the Environment Act 1995(8);“any other information” means any other substantive information relating to the environmental statement and provided by the applicant or the appellant as the case may be;“any particular person” includes any non-governmental organisation promoting environmental protection;“the consultation bodies” means—any body which the relevant planning authority is required to consult, or would, if an application for planning permission for the development in question were before them, be required to consult by virtue of article 16 (consultations before the grant of permission) of the Order or of any direction under that article;the Marine Management Organisation(9) , in any case where the proposed development would affect, or would be likely to affect, any of the following areas—waters in or adjacent to England up to the seaward limits of the territorial sea;an exclusive economic zone(10) , except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;a Renewable Energy Zone(11) , except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;an area designated under section 1(7) of the Continental Shelf Act 1964(12) , except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions; andthe following bodies if not referred to in sub-paragraph (a) or (b)—any principal council for the area where the land is situated, if not the relevant planning authority;Natural England(13);the Environment Agency(14);other bodies designated by statutory provision as having specific environmental responsibilities and which the relevant planning authority or the Secretary of State, as the case may be, considers are likely to have an interest in the application;“the Directive” means Council Directive 85/337/EEC;“EIA application” means—an application for planning permission for EIA development; ora subsequent application in respect of EIA development;“EIA development” means development which is either—Schedule 1 development; orSchedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location;“environmental information” means the environmental statement, including any further information and any other information, any representations made by any body required by these Regulations to be invited to make representations, and any representations duly made by any other person about the environmental effects of the development;“environmental statement” means a statement—that includes such of the information referred to in Part 1 of Schedule 4 as is reasonably required to assess the environmental effects of the development and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, butthat includes at least the information referred to in Part 2 of Schedule 4;“exempt development” means development in respect of which the Secretary of State has made a direction under regulation 4(4);“further information” has the meaning given in regulation 22(1);“General Regulations” means ...See the full content of this document
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