The Environmental Permitting (England and Wales) Regulations 2007

Interpretation: general E+W

1.  In this Schedule—

“authority” means—

(a)

an appropriate authority,

(b)

the Agency,

(c)

a planning authority,

(d)

a person appointed under section 114(1)(a) of the 1995 Act M1 ;

“local planning authority” has the same meaning as in the Town and Country Planning Act 1990 M2 ;

[F1 mineral planning authority” has the same meaning as in section 1 of the Town and Country Planning Act 1990;]

“planning authority” means—

(a)

a local planning authority,

(b)

a joint committee constituted under section 29 of the Planning and Compulsory Purchase Act 2004 M3 ,

(c)

the person appointed under paragraph 1 of Schedule 6 to the Town and Country Planning Act 1990 M4 ,

(d)

a government department in respect of its functions under the planning Acts, or

(e)

the Secretary of State in respect of his functions under the planning Acts;

“plan making provisions” means—

(a)

paragraph 5 of Schedule 4 to the 1994 Regulations,

(b)

Part 2 of the Town and Country Planning Act 1990 M5 ,

(c)

section 44A of the 1990 Act M6 ,

(d)

in England, Parts 1 and 2 and Schedule 8 of the Planning and Compulsory Purchase Act 2004, and

(e)

in Wales—

(i)

Part 6 of the Planning and Compulsory Purchase Act 2004,

(ii)

article 3(3) of the Planning and Compulsory Purchase Act 2004 (Commencement No. 6, Transitional Provisions and Savings) Order 2005 M7 ;

“the planning Acts” means—

(a)

the Town and Country Planning Act 1990,

(b)

the Planning (Listed Buildings and Conservation Areas) Act 1990 M8 ,

(c)

the Planning (Hazardous Substances) Act 1990 M9 ,

(d)

the Planning (Consequential Provisions) Act 1990 M10 , and

(e)

the Planning and Compulsory Purchase Act 2004;

“planning permission” has the meaning given by section 336 of the Town and Country Planning Act 1990 M11 ;

“pollution control authority” means an authority other than a planning authority;

“specified functions” has the meaning given in paragraph 2;

“waste management plan” means a plan or other expression of strategy or policy in relation to waste management made under the plan making provisions.

Textual Amendments

F1 Words in Sch. 20 para. 1(a) inserted (7.7.2009) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1799), regs. 1(b), 27(2)

Marginal Citations

M1 Section 114 was amended by the Water Act 2003, c. 37, sections 3(13), 8(7), 13(4) and 21(4), and by S.I. 2000/1973.

M2 1990, c. 8.

M3 2004, c. 5.

M4 Paragraph 1 was amended by the Planning and Compensation Act 1991 c. 34, section 32.

M5 Part 2 is repealed by the Planning and Compulsory Purchase Act 2004, section 120 and Schedule 9, but is saved for certain purposes in England by S.I. 2004/2202 and in Wales by S.I. 2005/2847 (W.118).

M6 Section 44A was inserted by the Environment Act 1995, c. 25, section 92(1).

M7 S.I. 2005/2847.

M8 1990 c. 9.

M9 1990 c. 10.

M10 1990 c. 11.

M11 The definition of “planning permission” in section 336 was amended by the Planning and Compensation Act 1991, sections 32 and 84(6) and Schedules 7 and 19.