s 40 Notices of unauthorised development, orders under section 90 of the 2024 Act, section 97 orders and section 102 orders
(1) This regulation applies where a local planning authority or the Welsh Ministers propose to make or confirm a section 97 order modifying any permission to develop land or a section 102 order granting planning permission. (1A) This regulation also applies where— (a) a local planning authority or the Welsh Ministers propose to give a notice of unauthorised development that requires a person to carry out EIA development, or (b) the Welsh Ministers propose to make an order under section 90 of the 2024 Act that modifies an infrastructure consent order. (2) The local planning authority must not make and the Welsh Ministers must not make or confirm a section 97 order or a section 102 order in relation to Schedule 2 development unless the authority have requested and adopted a screening opinion or the Welsh Ministers have made a screening direction. (2A) The local planning authority or the Welsh Ministers must not give a notice of unauthorised development that would require a person to carry out Schedule 2 development unless the authority have requested and adopted a screening opinion or the Welsh Ministers have made a screening direction. (2B) The Welsh Ministers must not make an order under section 90 of the 2024 Act in relation to Schedule 2 development unless they have made a screening direction. (3) Where this regulation applies— (a) regulation 6(4) does not apply; (b) regulation 7(1) applies as if the words “pursuant to regulation 6(8)” were omitted; (c) regulations 6(2), (4), (5) to (9) and 7(1), (3) to (9) apply as if references to— (i) an application for planning permission, are to a proposal for a notice of unauthorised development, an order under section 90 of the 2024 Act, a section 97 or a section 102 order; (ii) a relevant planning authority, are to the body to whom it falls to give a notice of unauthorised development, make the section 97 or section 102 order , or make the order under section 90 of the 2024 Act ; (iii) the applicant are to the initiating body; and (iv) a Schedule 1 or a Schedule 2 application are to a proposal of a notice of unauthorised development that requires a person to carry out EIA development, an order made under section 90 of the 2024 Act that modifies an infrastructure consent for Schedule 1 development or Schedule 2 development, or a section 97 order or a section 102 order which would grant or modify planning permission for Schedule 1 development or Schedule 2 development respectively. (4) Paragraphs (5) and (6) and Schedule 6 apply in either case— (a) to Schedule 1 development; (b) where either— (i) the local planning authority adopts a screening opinion, or (ii) the Welsh Ministers make a screening direction under these Regulations, to the effect that the development is EIA development. (5) The local planning authority must not give a notice of unauthorised development, or make a section 97 order which permits or requires EIA development unless an environmental impact assessment has been carried out in relation to that development. (6) The Welsh Ministers must not give a notice of unauthorised development, or confirm or make an order made under section 90 of the 2024 Act, a section 97 order or a section 102 order which permits or requires EIA development unless an environmental impact assessment has been carried out in relation to that development. (7) In this regulation and Schedule 6 references to an order made under section 90 of the 2024 Act are only to an order proposed to be made or made without an application being made under section 90(3) or (4) of the 2024 Act.