March brings us St. Davids day for Wales and, in warmer times, daffodils bobbing yellow heads - a freshness. We have noted also valiant men in red shirts making their mark on the field of play.
The Welsh Assembly Government, has demonstrated a desire for refreshment and targeted a quarry long held in its sights – to achieve completion of the review of old mineral permissions in Wales.
European Council Directives, 85/337/EEC and 97/11/EEC, in 1997 required that environmental impact assessment of projects be carried out and submitted to Planning Authorities to enable their decision on appropriate conditions.
We understand that there exist some eighteen or so old mineral permissions in Wales for which applications for approval of conditions had been made prior to the date on which the Environmental Impact Assessment (EIA) Regulations came into force. These applications were considered to fall outside the scope of these regulations (which were not retrospective) and consequently mineral planning authorities were unable to compel the production of requisite Environmental Statements, to enable them to determine such applications within the requirements of the Directive. The determinations of these applications have thus, effectively been “stalled”. Following extensive consultations in 2006 and 2009, on the draft proposed regulations to enable planning authorities to deal with these applications specifically, these have now been introduced. They apply strict time periods for compliance.
Associated replacement guidance provides comprehensive advice on the application of EIA to reviews of mineral planning permissions and provides advice on the scope and, where appropriate, enforcement of each of the provisions in the 2008 Regulations.
If you own a mineral working having the benefit of one of the consents referred to above then we would be interested to discuss it with you.
European Council Directives, 85/337/EEC and 97/11/EEC, in 1997 required that environmental impact assessment of projects be carried out and submitted to Planning Authorities to enable their decision on appropriate conditions.
We understand that there exist some eighteen or so old mineral permissions in Wales for which applications for approval of conditions had been made prior to the date on which the Environmental Impact Assessment (EIA) Regulations came into force. These applications were considered to fall outside the scope of these regulations (which were not retrospective) and consequently mineral planning authorities were unable to compel the production of requisite Environmental Statements, to enable them to determine such applications within the requirements of the Directive. The determinations of these applications have thus, effectively been “stalled”. Following extensive consultations in 2006 and 2009, on the draft proposed regulations to enable planning authorities to deal with these applications specifically, these have now been introduced. They apply strict time periods for compliance.
Associated replacement guidance provides comprehensive advice on the application of EIA to reviews of mineral planning permissions and provides advice on the scope and, where appropriate, enforcement of each of the provisions in the 2008 Regulations.
If you own a mineral working having the benefit of one of the consents referred to above then we would be interested to discuss it with you.
