Office of Public Sector Information

Explanatory Note

(This note is not part of the Regulations)

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 (S.I.1999/293) (“the 1999 regulations”) implemented, in England and Wales, Council Directive 85/337/EEC (“the EIA Directive”) on the assessment of the effects of certain public and private projects on the environment (O.J. No. L175, 5.7.1985, p.40) as amended by Council Directive 97/11/EC (O.J. No. L73, 14.3.1997, p.5). The EIA Directive was also amended by Council Directive 2003/35/EC (O.J. No. L156, 25.6.2003, p.17).

These Regulations amend the 1999 Regulations to implement the Directives in respect of applications for approval of reserved matters and applications for approval of similar conditions attached to the grant of planning permissions (“subsequent applications”).

Regulations 2 to 12 amend the 1999 Regulations so that their provisions apply to subsequent applications. References to the National Assembly for Wales have been updated to references to the Welsh Ministers.

Regulation 7 applies to subsequent consents under article 8 of, and Schedule 3 to, the Town and Country Planning (General Development Procedure) Order 1995 (S.I. 1995/419, amended by S.I. 1999/293, 2004/3256 and 2006/1386), which provide for publicity procedures to be followed by local planning authorities in the case of planning permissions that are subject to environmental impact assessment.

Regulation 13 amends the Town and Country Planning (Determination of Appeals by Appointed Persons) (Prescribed Classes) Regulations 1997, which prescribe the classes of appeal which are to be determined by persons appointed by the Welsh Ministers in accordance with the provisions of Schedule 6 to the Town and Country Planning Act 1990 instead of being determined by the Welsh Ministers. It excludes from the reserved classes of appeal, enforcement appeals relating to unauthorised development to which the EIA Directive applies.

A regulatory impact assessment has been prepared and copies can be obtained from the Welsh Assembly Government, Cathays Park, Cardiff CF10 3NQ.