Resource information
These Regulations implement Council Directive 85/337/EC on the assessment of the effects of certain public and private projects on the environment, as amended by Directive 97/11/EC. The main changes made by Directive 97/11/EC, which these Regulations implement, are as follows. The number of categories of project subject to environmental impact assessment (EIA) is increased. An individual determination on whether EIA is required must be made in respect of every project in Annex II to the Directive (Schedule 2 to these Regulations) which exceeds thresholds established by a Member State. Advice on the content of an environmental statement must be given to a developer who requests it before submitting an application. Competent authorities must give reasons for their decision on granting or refusing development consent. The Directive establishes detailed procedures for consulting other Member States on projects which are likely to have significant environmental effects in their territories. Regulation 3 prohibits the grant of planning permission for EIA development unless the planning authorities have first taken account of the environmental information. Regulations 4 to 9 set out procedures for determining whether development is EIA development. Regulations 10 and 11 enable a person to seek an opinion from the planning authorities. Regulation 13 prescribes notification of consultation bodies. Regulation 14 provides for publicity for applications whereas regulations 15, 17 and 18 are concerned with the provision of copies of an environmental statement. Regulations 23 and 24 restrict the grant of planning permission by simplified planning zone schemes or enterprise zone orders. Regulation 25 establishes procedures for EIA in relation to the enforcement of planning control. Regulations 26 to 28 implement Article 7 of the Directive by providing for consultation between Member States where development is likely to have significant effects on the environment in another Member State. (35 regulations)
Implements: Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment. (1985-06-27)
Implements: Town and Country Planning Act 1990 (1990 Chapter 8). (1990-05-24)
Amended by: Town and Country Planning (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2000 (S.I. 2867 of 2000). (2000-10-18)
Amended by: Town and Country Planning (Environmental Impact Assessment) (Amendment) Regulations 2006 (S.I. No. 3295 of 2006). (2006-12-11)
Amended by: Town and Country Planning (Environmental Impact Assessment) (Amendment) (England) Regulations 2008 (S.I. No. 2093 of 2008). (2008-07-30)
Amended by: Town and Country Planning (Environmental Impact Assessment) (Amendment) (Wales) Regulations 2006 (W.S.I. 3099 (W. 283) of 2006). (2006-11-21)
Amended by: Hazardous Waste (England and Wales) Regulations 2005 (S.I. No. 894 of 2005). (2005-03-23)
Amended by: Hazardous Waste (Wales) Regulations 2005 (W.S.I. No. 1806 (W.138) of 2005). (2005-07-05)
Repealed by: Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016 (W.S.I. No. 58 (W. 28) of 2016). (2016-01-27)
Repealed by: Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (S.I. No. 1824 of 2011). (2011-07-19)
