The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017

ROMP application by a mineral planning authorityE+W

9.—(1) Where a mineral planning authority propose to make or makes a ROMP application which is a Schedule 1 or a Schedule 2 application to the Welsh Ministers under regulation 11 (other consents) of the General Regulations M1, these Regulations apply to that application or proposed application as they apply to a ROMP application referred to the Welsh Ministers under paragraph 7(1) of Schedule 2 to the 1991 Act, paragraph 13(1) of Schedule 13 to the 1995 Act or paragraph 8(1) of Schedule 14 to the 1995 Act (reference of applications to the Welsh Ministers) subject to the following modifications—

(a)subject to paragraph (2), regulations 6 to 11, 13, 14, 15, 18 (except for the purposes of regulations 21(3) and (4)), 20 and 29(1) do not apply;

(b)in regulation 5 (general provisions relating to screening), paragraphs (4) and (5) do not apply;

(c)regulation 12(3) (application referred to the Welsh Ministers without an environmental statement), applies as if “and must send a copy of that notification to the relevant planning authority” were omitted;

(d)in regulation 16 (procedure to facilitate preparation of environmental statements)—

(i)in paragraph (3)(b) “11(4)(a), 12(6) or 13(7)” read “12(6)”;

(ii)read paragraph (4) as if “the relevant planning authority and” and “authority or” in both places where it occurs were omitted;

(e)in regulation 19(2) (publicity where an environmental statement is submitted after the planning application)—

(i)sub-paragraph (a) read as if “and the name and address of the relevant planning authority” were omitted;

(ii)read as if sub-paragraph (b) provided—

“(b)the date on which the application was made and that it has been made to the Welsh Ministers under regulation 11 of the General Regulations;”;

(f)read regulation 21(2) (procedure where an environmental statement is submitted to the Welsh Ministers), as if “and to the relevant planning authority” were omitted;

(g)in regulation 24(3) (further information and evidence in respect of environmental statements)—

(i)read sub-paragraph (a) as if “and the name and address of the relevant planning authority” were omitted;

(ii)read sub-paragraph (b) as if it provided—

“(b)the date on which the application was made and that it has been made to the Welsh Ministers under regulation 11 of the General Regulations;”; and

(h)regulations 25 (consideration of whether planning permission should be granted), 27 (availability of opinions, directions etc. for inspection), 28(1) (information to accompany decisions) and 29(2) (duties to inform the public and the Welsh Ministers of final decisions) apply as if the references to a relevant planning authority were references to a mineral planning authority.

(2) A mineral planning authority minded to make a ROMP application to the Welsh Ministers under regulation 11 of the General Regulations may request the Welsh Ministers to make a screening direction, and paragraphs (3) to (6) of regulation 7 apply to such a request as they apply to a request made pursuant to regulation 6(8) except as if in paragraph (5) “, and may request the relevant planning authority to provide such information as they can on any of those points” were omitted.

(3) A request under paragraph (2) must be accompanied by—

(a)a plan sufficient to identify the land;

(b)a description of the nature and purpose of the ROMP development, including in particular—

(i)a description of the physical characteristics of the whole development and, where relevant, of demolition works;

(ii)a description of the location of the development, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

(c)a description of the aspects of the environment likely to be significantly affected by the development;

(d)a description of any likely significant effects, to the extent of the information available on those effects, of the proposed development on the environment resulting from—

(i)the expected residues and emissions and the production of waste, where relevant; and

(ii)the use of natural resources, in particular soil, land, water and biodiversity; and

(e)such other information as the authority may wish to provide including any features of the proposed development or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(4) An authority making a request under paragraph (2) must send to the Welsh Ministers any additional information they may request to enable them to make a direction.