Planning Legislation

Environmental considerations, including any flora and fauna that may be affected by development on a site, are also a part of UK planning legislation.

The following table provides details of current legislation relating to general development, roads and other transport systems. Similar legislation also applies to pipelines, electricity works, nuclear power stations, forestry, land drainage, ports and harbours, fish farming, marine dredging and the conversion of semi-natural habitats to intensive farming.

Table 4: Planning Legislation and Wildlife: England and Wales

Legislation	Description
Town and Country Planning Act 1990	Consolidates previous planning acts and regulates planning and the granting of planning permission. Allows planning authorities to grant planning permission, either unconditionally or subject to such conditions as they think fit, or refuse planning permission. Requires the planning authority to have regard to any material considerations, which under PPS9:England; Tan5:Wales, include nature conservation. Section 106 covers legal agreements between the planning authority and developer, and may include agreements relating to protected species mitigation.
Town and Country Planning (Environmental Impact Assessment) (England & Wales) Regulations 1999, as amended in 2000 and 2008 (the EIA Regulations)	Implement part of the 1985 EIA Directive, as amended by the 1997 EIA Directive. Replaces the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988, and all amendments. Regulate granting of planning permission for certain developments under the Town and Country Planning Act 1990. The regulations require local authorities to have sufficient information on the environmental effects, including effects on flora and fauna, before granting planning permission. Require the submission of an Environmental Statement for qualifying developments.
The Harbour works (EIA) Regulations 1999 amends the Harbours Act 1964.	To implement the EIA Directive in relation to Harbour orders.
Highways (Assessment of Environmental Effects) Regulations 1999 and the Highways (Environmental Impact Assessment) Regulations 2007	Implement part of the 1985 EIA Directive as amended by the 1997 EIA Directive and replaces The Highways (Assessment of Environmental Effects) Regulations 1988. Apply to roads for which the Secretary of State for Transport or the National Assembly for Wales is the highway authority.
Transport and Works (Assessment of Environmental Effects) Regulations 1995; as amended in 1998 and 2000 together with the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006	Implement part of the 1985 EIA Directive, as amended by the 1997 EIA Directive and provide for amendments to the Transport and Works Act 1992. Apply to projects for the construction or operation of railways, tramways and other guided transport systems, inland waterways, works interfering with rights of navigation, and wind farms.
The Marine Works (EIA) Regulations 2007 as amended) implement the EIA Directive in relation to Marine licenses.	The EIA Directive aims to protect the environment and the quality of life by ensuring that projects which are likely to have significant environmental effects by virtue of their nature, size or location are subject to an environmental impact assessment before permission is granted. An EIA is always required for projects of the type listed in Annex I to the EIA Directive. An EIA may be required for projects of the type listed in Annex II to the EIA Directive if we decide they are likely to have significant effects on the environment.
Town and Country Planning (Development Management Procedure) Order 2010 (the DMPO)	Article 16 sets out the consultation procedures for developments affecting Sites of Special Scientific Interest. The DMPO also sets out the procedures for making a planning application and replaces the Town and Country Planning (General Development Procedure) Order (the GDPO)
Planning and Compulsory Purchase Act 2004	England: Provides the statutory underpinning for Regional Spatial Strategies and Local Development Frameworks, within which policies for nature conservation may be found. Wales: Provides the statutory underpinning for The Wales Spatial Plan (2004) and Local Development Plans, within which policies for nature conservation may be found.
Planning Act 2008	Establishes the Infrastructure Planning Commission (IPC), which deals with planning applications for nationally significant infrastructure projects, such as railways, large wind farms, power stations and so on, and sets out the procedures for dealing with such applications - detail different for England and Wales.
Infrastructure Planning (Environmental Impact Assessment) Regulations 2009	Made in response to changes instigated by the Planning Act 2008, the Infrastructure Planning Regulations 2009 set out how the environmental impacts of nationally significant infrastructure projects will be assessed. Under these regulations the IPC is considered the competent authority for such projects with regard to the EIA and Habitats Regulations.