Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

JurisdictionUK Non-devolved
(1) These Regulations may be cited as the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 and shall come into force on 14th March 1999.(2) Subject to paragraph (3) , these Regulations shall apply throughout England and Wales.(3) Paragraphs (2) and (5) (a) of regulation 14 shall not apply to the Isles of Scilly and, in relation to the Isles of Scilly, the reference in paragraph (6) of that regulation to paragraph (5) of that regulation shall be construed as a reference to paragraph (5) (b) .(1) In these Regulations—(2) Subject to paragraph (3) , expressions used both in these Regulations and in the Act have the same meaning for the purposes of these Regulations as they have for the purposes of the Act.(3) Expressions used both in these Regulations and in the Directive (whether or not also used in the Act) have the same meaning for the purposes of these Regulations as they have for the purposes of the Directive.(4) In these Regulations any reference to a Council Directive is a reference to that Directive as amended at the date these Regulations were made.(5) In these Regulations references to the Secretary of State shall not be construed as references to an inspector.to every EIA application received by the authority with whom it is lodged on or after the commencement of these Regulations; andto every EIA application lodged by an authority pursuant to regulation 3 or 4 (applications for planning permission) of the General Regulations on or after that date;(2) The relevant planning authority or the Secretary of State or an inspector shall not grant planning permission pursuant to an application to which this regulation applies unless they have first taken the environmental information into consideration, and they shall state in their decision that they have done so.(1) Subject to paragraphs (3) and (4) , the occurrence of an event mentioned in paragraph (2) shall determine for the purpose of these Regulations that development is EIA development.the submission by the applicant or appellant in relation to that development of a statement referred to by the applicant or appellant as an environmental statement for the purposes of these Regulations; orthe adoption by the relevant planning authority of a screening opinion to the effect that the development is EIA development.(3) A direction of the Secretary of State shall determine for the purpose of these Regulations whether development is or is not EIA development.(4) The Secretary of State may direct that particular proposed development is exempted from the application of these Regulations in accordance with Article 2(3) of the Directive (but without prejudice to Article 7 of the Directive) and shall send a copy of any such direction to the relevant planning authority.(5) Where a local planning authority or the Secretary of State has to decide under these Regulations whether Schedule 2 development is EIA development the authority or Secretary of State shall take into account in making that decision such of the selection criteria set out in Schedule 3 as are relevant to the development.a local planning authority adopt a screening opinion; orthe Secretary of State makes a screening direction under these

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