Subsequent applications made after 6 April 2015 in respect of development which has never been determined to be Environmental Impact Assessment development should be treated in line with the revised thresholds. If the environmental information is not adequate to assess the environmental effects of the development, the necessary information should be sought from the developer in accordance with regulation 22(1) of the 2011 Regulations. The local planning authority should consider whether the environmental information is adequate to assess the environmental effects of the development, and if so, take that information into consideration in its decision on the application in accordance with regulation 8 of the 2011 Regulations. Subsequent applications in relation to development which was determined to be Environmental Impact Assessment development prior to 6 April 2015 but which is below the thresholds introduced in 2015 should continue to be treated as Environmental Impact Assessment development. It remains, as usual, open to the applicant to request that the Secretary of State issues a screening direction to determine whether a development is likely to have significant effects on the environment. Where the local planning authority has, prior to 6 April 2015, screened a project which does not exceed the relevant revised threshold and determined that it is Environmental Impact Assessment development, it continues as such. The implications for Environmental Impact Assessment are as follows. There will be projects which do not exceed the revised thresholds but which were determined to be Environmental Impact Assessment development before the 2015 Regulations came into force. Projects which are wholly outside sensitive areas and do not exceed the revised screening thresholds are not Schedule 2 development and should not be screened by the local planning authority. The screening thresholds for industrial estate development and urban development projects were raised in April 2015 as set out in the Annex to the guidance on the 2011 Regulations. Revision date: 28 07 2017 What is the procedure for dealing with relevant projects that are below the screening thresholds introduced by the Town and Country Planning (Environmental Impact Assessment) (Amendment) Regulations 2015? (Including both screening opinions adopted by the local planning authority and screening directions made by the Secretary of State.) The screening provisions set out in Part 1 and Part 2 of the 2011 Regulations will continue to apply to requests for a screening opinion or direction made or initiated before. Where, before an applicant, appellant or qualifying body has submitted an Environmental Statement or requested a scoping opinion, or in respect of a local development order a local planning authority has prepared an environmental statement or a scoping opinion, or requested a scoping direction, the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 will continue to apply (regulation 76(2) of the 2017 Regulations). The 2017 Regulations include transitional provisions for procedures which were initiated before the 2017 Regulations came into force. Revision date: 28 07 2017 See previous version What is the procedure for dealing with developments that were initiated before the 2017 Regulations came into force? They do not apply to development given consent under other regimes, these are subject to separate Environmental Impact Assessment regulations. They can even apply to ‘permitted development’ which is development for which you do not need to get planning permission. The regulations only apply to certain types of development. Subject to certain transitional arrangements set out in regulation 76 of the 2017 Regulations, the 2017 regulations revoke the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (referred to in this guidance as ‘the 2011 Regulations’). All further references in this guidance to regulations are to the 2017 Regulations unless otherwise stated. These regulations apply the amended EU directive “on the assessment of the effects of certain public and private projects on the environment” (usually referred to as the ‘Environmental Impact Assessment Directive’ (PDF, 417KB)) to the planning system in England. These regulations apply to development which is given planning permission under Part III of the Town and Country Planning Act 1990. The process of Environmental Impact Assessment in the context of town and country planning in England is governed by the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (the ‘2017 Regulations’). Legislation covering Environmental Impact Assessment What legislation covers Environmental Impact Assessment?
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