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

Type of law

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)
Date of text
Entry into force notes
Coming into force on 14 March 1999.
The Regulations revoke and re-enact, with amendments, the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (and later instruments amending them) and the Town and Country Planning (Environmental Assessment and Unauthorised Development) Regulations 1995. They revoke the Town and Country Planning (Environmental Assessment and Permitted Development) Regulations 1995 and regulation 22 of the Town and Country Planning (Simplified Planning Zones) Regulations 1992, and enact provisions with similar effect.Schedules (1-5) are omitted from the text.
Source language


Legislation status
Legislation Amendment