The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

Subsequent application for EIA development U.K.

22.—(1) This regulation applies in relation to a subsequent application if either—

(a) the applicant has notified the relevant authority under regulation 8(2)(b); or

(b) the relevant authority has given a screening opinion to the effect that further information is required to enable it to determine the subsequent application.

(2) Where this regulation applies, the applicant must—

(a) submit an updated environmental statement with the subsequent application;

(b) comply with the requirements of paragraph (3); and

(c) certify to the relevant authority in the form set out in certificate 4 in Schedule 5 to these Regulations that the applicant has complied with the requirements of paragraph (3).

(3) The requirements mentioned in paragraph (2)(b) are that the applicant must—

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

(i) the name and address of the applicant;

(ii) that the applicant is making an application for approval of a matter in pursuance of a requirement imposed by an order granting development consent;

(iii) the reference number of the order granting development consent;

(iv) that the order granting development consent is for EIA development;

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

(vi) that the updated environmental statement and supporting documents are available for inspection free of charge—

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

(bb) on a website maintained by or on behalf of the relevant authority;

[F2 (via) the address of the website where the updated environmental statement and supporting documents may be inspected;

(vib) the place on the website where the updated environmental statement and supporting documents may be inspected;

(vic) a telephone number which can be used to contact the applicant for enquiries in relation to the updated environmental statement and supporting documents;]

(vii) the latest date on which those documents will be available for inspection [F3 on the website] (being a date not earlier than the deadline referred to in paragraph (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 when the notice is last published;

(b) 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;

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

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

(e) arrange for the notice to be published on a website maintained by or on behalf of the relevant authority; and

(f) send to the consultation bodies—

(i) a notice setting out the details listed at sub-paragraph (a)(i) to (v);

(ii) details of how to respond to the consultation;

(iii) a deadline for receipt of responses being not less than 30 days following the date when the body receives the notice;

(iv) a map showing where the proposed development is to be sited; and

(v) a copy of the updated environmental statement and of any supporting documents.

(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)(b)(i) shall be taken to include a requirement to publish the notice referred to in paragraph (3)(a) 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)(c) to display the notice referred to in paragraph (3)(a) 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. 22(3)(a)(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(4)(a) (with reg. 7)

F2 Reg. 22(3)(a)(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(4)(b) (with reg. 7)

F3 Words in reg. 22(3)(a)(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(4)(c) (with reg. 7)

F4 Word in reg. 22(3)(d) 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(6)