Planning Policy Wales - Brecon Beacons National Park

3.3.4 Where EIA is required, the developer must prepare and submit an Environmental Statement
(ES) to accompany the planning application, setting out the information specified in Schedule 4 to
the Regulations. While the responsibility for compiling the ES rests with the developer, there should
be consultation with those with relevant information. Public authorities that have such information in
their possession are required to make it available to the developer.
3.3.5 Developers should be encouraged to obtain a formal opinion from the local planning
authority on what should be included in the ES (known as a ’scoping opinion’) 13 . Developers may
request that the Welsh Ministers provide a ‘scoping direction’ where an authority fails to make a
‘scoping opinion’ within five weeks.
3.3.6 The ES (and the application to which it relates) must be publicised. Public authorities with
relevant environmental responsibilities, and the public, must be given an opportunity to give
their views on the project and the ES. The Town and Country Planning (Environmental Impact
Assessment) (Amendment)(Wales) Regulations 2006 transpose the provisions of Article 3 of the
EU Public Participation Directive 14 . Interim guidance on the new procedures with which local
planning authorities must comply, and on the new or expanded interpretations included in the 2006
Regulations, is provided in Welsh Assembly Government Policy Clarification Letter CL-10-06 15 .
3.3.7 The period within which the local planning authority should determine an application to
which EIA applies is 16 weeks from the date of receipt of the ES. The local planning authority must
inform the public of its decision whether to grant or refuse permission and the main reasons and
considerations on which the decision is based.
3.3.8 Local planning authorities should advise developers, where relevant, to consider the potential
benefits of managing the EIA process in parallel with the Authorisations process managed by the
Environment Agency. Starting work on the ES as soon as possible, and consulting with the local
planning authority, should help to ensure that the process is carried out effectively.
16 17 18 19 20 21
3.4 Ensuring access for all
3.4.1 Disability Access Groups need to be consulted throughout the land use planning process.
3.4.2 Developments must conform to the provisions of the Disability Discrimination Act 1995
(as amended 2005) 22 and local planning authorities have a duty when granting planning
permission to draw applicants’ attention to their statutory obligations. It is open to planning
authorities to require broader access than required by the Act if this can be justified.
3.4.3 When a new building is proposed, an existing building is being extended or altered, or a
change of use is proposed, developers should consider the need to make it accessible for all those
who might use the building. The appropriate design and layout of spaces in, between and around
buildings, including parking provision and movement routes, is particularly important in ensuring
good accessibility. The preparation of access audits may be useful in any assessment of accessibility.
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Planning Policy Wales Edition 3 - July 2010 - Chapter 3 Making and Enforcing Planning Decisions