(This note is not part of the Regulations)
These Regulations, which apply in relation to Wales, amend the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (SI 1999/293) (“the 1999 Regulations”) by implementing article 3 of Directive 2003/35/EC of the European Parliament and Council of 26 May 2003 (OJ L 156, 25.6.2003, p 17 and referred to in these Regulations as “the Directive”) insofar as it effects public participation in the decision-making process for applications and appeals relating to development for which environmental impact assessment is required.
The Directive provides for public participation in respect of the drawing-up of certain plans and programmes relating to the environment and amends Council Directive 85/337/EEC (OJ L 175, 5.7.1985, p 40) (as amended by 97/11/EC (OJ L 73, 14.3.1997, p 5) and 96/61/EC (OJ L 257, 10.10.1996)) with regard to public participation and access to justice.
Regulation 3 amends the existing definitions of “consultation bodies”, “environmental information” and “exempt development” in regulation 2 of the 1999 Regulations and inserts new definitions of “by local advertisement”, “any other information” and “any particular person” into that regulation.
Regulation 4 amends the publicity requirements relating to the National Assembly for Wales' power under regulation 4(4) of the 1999 Regulations to direct that an “exceptional case” is not to be subject to environmental assessment.
Regulations 5 to 9 insert provisions requiring persons and environmental organisations who are likely to be affected by, or have an interest in, an application to be notified.
Regulations 8(a), 10(d)(ii) and 13 reduce the number of copies of environmental statements required to be provided from three to two.
Regulations 10, 11, 14 and 15 extend the requirements in relation to further information to any other information provided by the applicant relating to the environmental statement.
Regulation 12 amends regulation 21 of the 1999 Regulations (duties to inform the public and the National Assembly for Wales of final decisions) by requiring more extensive notification of decisions and information to be provided on the right to challenge the decision.
Regulation 14 makes minor changes in relation to unauthorised development.
Regulations 15 and 16 relate to projects likely to have transboundary effects.
Regulations 17 and 18 make minor changes to Schedules 1 and 2 to the 1999 Regulations, respectively.
Regulation 19 makes a minor consequential amendment to the Town and Country Planning (General Development Procedure) Order 1995 (SI 1995/419) by updating an environmental impact assessment-related definition contained in article 1 of that Order.
In these Regulations, references to “the Secretary of State” are to be read as references to the National Assembly for Wales in accordance with regulation 2(6) of the 1999 Regulations. See also the entry for the 1999 Regulations in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (SI 1999/672).