lexiara

Defined terms — The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

United Kingdom · uksi/2017/571 · 486 provisions

48 defined in this instrument.

All provisions · All instruments

any other information — any other substantive information relating to the environmental statement and provided by the applicant or the appellant as the case may be; “any particular person” includes any non-governmental organisation promoting environmental protection; “principal council” has the meaning given by section 270(1) (general provisions as to interpretation) of the Local Government Act 1972 ; “qualifying body” has the meaning given by section 61E(6) (Neighbourhood development Orders) of the Act Section 2(1)
appropriate register — the register on which particulars of an application for planning permission for the relevant development or an application for subsequent consent have been placed or would fall to be placed if such an application were made Section 2(1)
coronavirus — severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) Section 2(1)
EIA application — — an application for planning permission for EIA development; or a subsequent application in respect of EIA development Section 2(1)
EIA development — development which is either— Schedule 1 development; or Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location Section 2(1)
EIA order proposal — an order proposal which relates to EIA development Section 2(1)
enforcement functions — — the issuing of an enforcement notice under section 172 of the Act (Issue of enforcement notice); making an application for a planning enforcement order under section 171BA of the Act (Time limits in cases involving concealment); the issuing of a planning contravention notice under section 171C of the Act (Power to require information about activities on land); the issuing of a temporary stop notice under section 171E of the Act (Temporary stop notice); the issuing of a stop notice under section 183 of the Act (Stop notices); the service of a breach of condition notice under section 187A of the Act (Enforcement of conditions); or an application to the court for an injunction under section 187B of the Act (Injunctions restraining breaches of planning control); and “ground (a) appeal” has the meaning given in regulation 40 Section 34
environmental information — the environmental statement, including any further information and any other information, any representations made by any body required by these Regulations to be invited to make representations, and any representations duly made by any other person about the environmental effects of the development; “environmental statement” has the meaning given by regulation 18 Section 2(1)
EU environmental assessment — an assessment of the effect of anything on the environment carried out under assimilated law other than any law of any part of the United Kingdom that implemented the Directive Section 2(1)
European site — a site within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2017 Section 2(1)
exempt development — development in respect of which the Secretary of State has made a direction under regulation 63; “further information” has the meaning given in regulation 25 Section 2(1)
floorspace — the floorspace in a building or buildings. The carrying out of development to provide any of the following— Projects for the use of uncultivated land or semi-natural areas for intensive agricultural purposes; Water management projects for agriculture, including irrigation and land drainage projects; Intensive livestock installations (unless included in Schedule 1); Intensive fish farming; Reclamation of land from the sea. Quarries, open cast mining and peat extraction (unless included in Schedule 1); Underground mining; Extraction of minerals by fluvial or marine dredging; Deep drillings, in particular— with the exception of drillings for investigating the stability of the soil. geothermal drilling; drilling for the storage of nuclear waste material; drilling for water supplies; In relation to any type of drilling, the area of the works exceeds 1 hectare; or in relation to geothermal drilling and drilling for the storage of nuclear waste material, the drilling is within 100 metres of any controlled waters Surface industrial installations for the extraction of coal, petroleum, natural gas and ores, as well as bituminous shale. Industrial installations for the production of… Schedule 2, paragraph 1
Habitats Regulation Assessment — an assessment under regulation 63 of the Conservation of Habitats and Species Regulations 2017 (assessment of implications for European sites and European offshore marine sites) Section 27(2)
inspector — a person appointed by the Secretary of State pursuant to paragraph 1 of Schedule 6 to the Act to determine an appeal or a person appointed by the Secretary of State pursuant to section 293I of the Act to determine an application Section 2(1)
local development order — a local development order made pursuant to section 61A (Local development orders) of the Act Section 2(1)
minerals development — development consisting of the winning and working of minerals, or involving the depositing of mineral waste Section 54(6)
monitoring measure — a provision requiring the monitoring of any significant adverse effects on the environment of proposed development including any measures contained in— a condition imposed on the grant of planning permission; or a planning obligation Section 2(1)
neighbourhood development order — a neighbourhood development order made pursuant to section 61E (Neighbourhood development orders) of the Act Section 2(1)
order proposal — a proposal for the making of a neighbourhood development order by a qualifying body under paragraph 1 of Schedule 4B to the Act Section 2(1)
qualifying enactment — — section 10(1) of the Crossrail Act 2008, section 20(1) or 50(5)(a) of the High Speed Rail (London - West Midlands) Act 2017, or section 17(1) or 47(3)(a) of the High Speed Rail (West Midlands - Crewe) Act 2021 Section 9(1A)
register — a register kept pursuant to article 40 of the Order (register of applications) and references to a “Part” of the register are to be taken as references to the Parts of the register as described in article 40 of the Order Section 2(1)
relevant mineral planning authority — the body to whom it falls, fell, or would, but for a direction under— fall to determine the ROMP application in question; paragraph 7 of Schedule 2 (registration of old mining permissions) to the 1991 Act; paragraph 13 of Schedule 13 (review of old mineral planning permissions) to the 1995 Act; or paragraph 8 of Schedule 14 (periodic review of mineral planning permissions) to the 1995 Act Section 2(1)
relevant planning authority — the body to whom it falls, fell, or would, but for an application made directly to the Secretary of State under section 62A of the Act (applications made directly to the Secretary of State) or a direction under section 77 of the Act (reference of applications to Secretary of State) or an application made to the Secretary of State under section 293B or 293D of the Act (urgent Crown development or Crown development), fall to determine an application for planning permission for the development in question Section 2(1)
relevant time — 30 days after— whichever is the later. the date on which the further information or any other information was sent to all persons to whom the statement to which it relates was sent; or the date that notice of it was published on a website Section 25(18)
relevant time — 30 days after— whichever is the later. the date on which the further information or any other information was sent to all persons to whom the statement to which it relates was sent; or the date that notice of it was published on a website Section 25A(7)
ROMP application — an application to a relevant mineral planning authority to determine the conditions to which a planning permission is to be subject under— paragraph 2(2) of Schedule 2 (registration of old mining permissions) to the 1991 Act; paragraph 9(1) of Schedule 13 (review of old mineral planning permissions) to the 1995 Act ; or paragraph 6(1) of Schedule 14 (periodic review of mineral planning permissions) to the 1995 Act Section 2(1)
ROMP development — development which has yet to be carried out and which is authorised by a planning permission in respect of which a ROMP application has been or is to be made Section 2(1)
ROMP subsequent application — an application for approval of a matter where the approval— is required by or under a condition to which a planning permission is subject following determination of a ROMP application; and must be obtained before all or part of the minerals development permitted by the planning permission may be begun or continued Section 2(1)
ROMP subsequent consent — consent granted pursuant to a ROMP subsequent application; “Schedule 1 application” and Section 2(1)
Schedule 1 development — development, other than exempt development, of a description mentioned in Schedule 1 Section 2(1)
Schedule 2 application — an application for planning permission for Schedule 1 development and Schedule 2 development respectively Section 2(1)
Schedule 2 development — development, other than exempt development, of a description mentioned in column 1 of the table in Schedule 2 where— any part of that development is to be carried out in a sensitive area; or any applicable threshold or criterion in the corresponding part of column 2 of that table is respectively exceeded or met in relation to that development; “scoping direction” and “scoping opinion” have the meanings given in regulation 15 Section 2(1)
screening direction — a direction made by the Secretary of State as to whether development is EIA development Section 2(1)
screening opinion — a written statement of the opinion of the relevant planning authority as to whether development is EIA development Section 2(1)
sensitive area — any of the following— land notified under section 28(1) (sites of special scientific interest) of the Wildlife and Countryside Act 1981 ; a National Park within the meaning of the National Parks and Access to the Countryside Act 1949 ; the Broads ; a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage ; a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 ; an area of outstanding natural beauty designated as such by an order made by Natural England under section 82(1) (areas of outstanding natural beauty) of the Countryside and Rights of Way Act 2000 as confirmed by the Secretary of State; a European site Section 2(1)
subsequent application — an application for approval of a matter where the approval— is required by or under a condition to which a planning permission is subject; and must be obtained before all or part of the development permitted by the planning permission may be begun Section 2(1)
subsequent consent — consent granted pursuant to a subsequent application Section 2(1)
the 1991 Act — the Planning and Compensation Act 1991 Section 2(1)
the 1995 Act — the Environment Act 1995 Section 2(1)
the 2011 Regulations — the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 ; and “environmental statement”, “scoping direction”, “scoping opinion”, “screening direction and “screening opinion” have the meanings given by regulation 2 of the 2011 Regulations Section 76(4)
the Act — the Town and Country Planning Act 1990 Section 2(1)
the consultation bodies — — any body which the relevant planning authority is required to consult, or would, if an application for planning permission for the development in question were before them, be required to consult by virtue of — article 18 (consultations before the grant of permission) of the Order or of any direction under that article; article 20 (consultations before determination of application) of the Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025; or article 14 (consultation before determination of application: EIA development) of the Town and Country Planning (Crown Development) (Urgent Applications) (Procedure) (England) Order 2025. the Marine Management Organisation , in any case where the proposed development would affect, or would be likely to affect, any of the following areas— waters in or adjacent to England up to the seaward limits of the territorial sea; an exclusive economic zone , except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions; a Renewable Energy Zone , except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions; an… Section 2(1)
the Directive — Council Directive 2011/92/EU as it had effect immediately before exit day; “EIA” has the meaning given by regulation 4 Section 2(1)
the General Regulations — the Town and Country Planning General Regulations 1992 Section 56(5)
the land — the land on which the development would be carried out or, in relation to development already carried out, has been carried out; “by local advertisement”, in relation to a notice, means— by publication of the notice in a newspaper circulating in the locality in which the land to which the application or appeal relates is situated; and publication of the notice on a website maintained by or on behalf of the authority Section 2(1)
the Order — the Town and Country Planning (Development Management Procedure) (England) Order 2015 Section 2(1)
UK environmental assessment — an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything on the environment Section 2(1)
unauthorised EIA development — EIA development which is the subject of an enforcement notice under section 172 of the Act Section 34