The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

Accepted application—effect of environmental statement being inadequate U.K.

20.—(1) Where an Examining authority is examining an application for an order granting development consent and paragraph (2) applies, the Examining authority must—

(a) issue a written statement giving clearly and precisely the reasons for its conclusion;

(b) send a copy of that written statement to the applicant; and

(c) suspend consideration of the application until the requirements of paragraph (3) and, where appropriate, paragraph (4) are satisfied.

(2) This paragraph applies if—

(a) the applicant has submitted a statement that the applicant refers to as an environmental statement; and

(b) the Examining authority is of the view that it is necessary for the statement to contain further information.

(3) The requirements mentioned in paragraph (1) are that the applicant must—

(a) provide the Examining authority with the further information;

(b) publish a notice (in accordance with sub-paragraph (c)) which sets out the following information—

(i) the name and address of the applicant;

(ii) that the applicant has made an application to the Secretary of State for an order granting development consent for EIA development;

(iii) that the Secretary of State has accepted the application and the reference number of the application;

(iv) that consideration of the application by the Examining authority has been suspended until further information and any other information required for the environmental statement has been provided and publicised;

(v) a summary of the main proposals, specifying the location or route of the proposed development;

(vi) that the environmental statement and the further information and any other information are available for inspection free of charge—

F1 (aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(bb) on a website maintained by or on behalf of the Secretary of State;

[F2 (via) the address of the website where the environmental statement and the further information and any other information may be inspected;

(vib) the place on the website where the environmental statement and the further information and any other information may be inspected;

(vic) a telephone number which can be used to contact the applicant for enquiries in relation to the environmental statement and the further information and any other information;]

(vii) the latest date on which those documents will be available for inspection [F3 on the website] (being a date not earlier that the deadline referred to in sub-paragraph (b)(x));

(viii) whether a charge will be made for copies of any of those documents and the amount of any charge;

(ix) details of how to respond to the publicity; and

(x) a deadline for receipt of responses being not less than 30 days following the date on which the notice is last published;

(c) publish the notice—

(i) for at least 2 successive weeks in one or more local newspapers circulating in the vicinity in which the proposed development is situated;

(ii) once in a national newspaper;

(iii) once in the London Gazette and if land in Scotland is affected, the Edinburgh Gazette; and

(iv) in the case of offshore development, once in Lloyds List and once in an appropriate fishing trade journal;

(d) display the notice at, or as close as reasonably practicable to, the site of the proposed development at a place accessible to the public;

[F4 (e) where a person has been notified to the applicant under regulation 11(1)(c), serve on that person a copy of that notice, at the same time as the notice is published;]

(f) arrange for the notice to be published on a website maintained by or on behalf of the Secretary of State;

(g) send to the consultation bodies the further information and a notice setting out the information specified in sub-paragraph (b)(i) to (v); and

(h) inform those bodies—

(i) how and to whom they may make representations;

(ii) of the deadline for making representations which must be not less than 30 days later than the last date on which the additional information was sent in accordance with sub-paragraph [F5 (g)]; and

[F6 (i)] certify to the Examining authority in the form set out in certificate 3 in Schedule 5 that the applicant has complied with the requirements of [F7 sub-paragraphs (b) to (h)].

(4) Where the proposed development consists of, or includes, works with a route or alignment exceeding 5 kilometres in length—

(a) the requirement set out in paragraph (3)(c)(i) shall be taken to include a requirement to publish the notice referred to in paragraph (3)(b) for at least 2 successive weeks in one or more local newspapers circulating in the vicinity of the land along the route or alignment of the works described in the application; and

(b) the requirements set out in paragraph (3)(d) to display the notice referred to in paragraph (3)(b) shall be taken to include a requirement to display the notice at intervals of not more than 5 kilometres along the whole proposed route or alignment of the works described in the application, except where this is impracticable due to the land in question being covered in water.

Textual Amendments

F1 Reg. 20(3)(b)(vi)(aa) omitted (31.12.2020 immediately before 11 p.m.) by virtue of The Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020 (S.I. 2020/1534), regs. 1, 5(3)(a) (with reg. 7)

F2 Reg. 20(3)(b)(via)-(vic) inserted (31.12.2020 immediately before 11 p.m.) by The Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020 (S.I. 2020/1534), regs. 1, 5(3)(b) (with reg. 7)

F3 Words in reg. 20(3)(b)(vii) inserted (31.12.2020 immediately before 11 p.m.) by The Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020 (S.I. 2020/1534), regs. 1, 5(3)(c) (with reg. 7)

F4 Reg. 20(3)(e) substituted (1.10.2018) by The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. 2018/695), regs. 1, 6(5)(a)

F5 Word in reg. 20(3)(h)(ii) substituted (1.10.2018) by The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. 2018/695), regs. 1, 6(5)(b)(i)

F6 Reg. 20(3)(i): reg. 20(3)(h)(iii) renumbered as reg. 20(3)(i) (1.10.2018) by The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. 2018/695), regs. 1, 6(5)(b)(ii)

F7 Words in reg. 20(3)(i) substituted (1.10.2018) by The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. 2018/695), regs. 1, 6(5)(b)(iii)