Highways Act 1980

[F1 Part VA E+W Environmental Assessment]

Textual Amendments

F1 Part VA (s. 105A) inserted by S.I. 1988/1241, reg. 2

105A Environmental assessment of certain highway projects. E+W

(1) In any case where the Secretary of State has under consideration the construction of a new highway or the improvement of an existing highway, he shall determine before the date of publication of details of the project whether or not it falls within Annex I or Annex II to Council Directive No. 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

(2) [F2 Where it appears to him] that it falls within Annex I, or that it falls within Annex II and has such characteristics that it should be made subject to an environmental assessment in accordance with the Directive, he shall publish not later than the date of publication of details of the project an environmental statement, that is, a statement [F3 identifying, describing and assessing in an appropriate manner, in the light of each individual case and in accordance with Articles 4 to 11 of the Directive, the direct and indirect effects of the project on the factors mentioned in Article 3 of the Directive and]containing the information referred to an Annex III to the Directive to the extent that he considers—

(a) that it is relevant to the specific characteristics of the project and of the environmental features likely to be affected by it; and

(b) that (having regard in particular to current knowledge and methods of assessment) the information may reasonably be gathered,

including at least—

(i) a description of the project comprising information on the site, design and size of the project;

(ii) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;

(iii) the data required to identify and assess the main effects which the project is likely to have on the environment:

(iv) a non-technical summary of the information mentioned in paragraphs (i) to (iii) above.

[F4 (2A) Any project for the construction or improvement of a special road which falls within Annex II to the Directive shall be treated as having such characteristics that it should be made subject to an environmental assessment in accordance with the Directive.]

(3) If the Secretary of State publishes an environmental statement, he shall ensure that the public concerned is given an opportunity to express an opinion before the project is initiated.

(4) If on completion of the project any part of the highway would lie on, or within 100 metres of, land comprised—

(a) in a National Park or nature reserve within the meaning of the National Parks and Access to the Countryside Act M1 1949;

(b) in a conservation area within the meaning of [F5 the Planning (Listed Buildings and Conservation Areas) Act M2 1990], or

(c) in an area notified under section 28 of the Wildlife and Countryside Act M3 1981 as an area of special scientific interest or in relation to which the Secretary of State has made an order under section 29 of that Act,

he shall ensure that the appropriate environmental body is given an opportunity to express an opinion before the project is initiated.

(5) the Secretary of State—

(a) shall consider—

(i) the environmental statement;

(ii) any opinion expressed by a member of the public; and

(iii) if the statement relates to land such as is mentioned in subsection (4) above, any opinion expressed by the appropriate environmental body; and

(b) shall publish his decision as to whether or not to initiate the project [F6 and in his decision he shall state that he has considered the matters set out in paragraph (a)].

(6) In this section “the appropriate environmental body” means—

(a) the Countryside Commission, if the proposal relates to land [F7 in England] falling within paragraph (a) of subsection (4) above [F7 or the Countryside Council for Wales, if it relates to land in Wales falling within that paragraph of that subsection];

(b) the local planning authority, if it relates to land falling within paragraph (b); and

[F8 (c) the Nature Conservancy Council for England or the Countryside Council for Wales, if it relates to land in England or, as the case may be, in Wales, falling within paragraph (c).]

(7) This section does not apply—

(a) where a draft order or scheme relating to construction or a draft order relating to improvement is published before the coming into force of the Highway (Assessment of Environmental Effects) Regulation 1988; or

(b) where the Secretary of State has under consideration before that date construction or improvement without an order.

Textual Amendments

F2 Words in s. 105A(2) substituted (11.5.1994) by S.I. 1994/1002, reg. 2(a).

F3 Words in s. 105A(2) inserted (11.5.1994) by S.I. 1994/1002, reg. 2(b).

F4 S. 105A(2A) inserted (01.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 19; S.I. 1991/2288, art. 3, Sch.

F5 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(5)

F6 Words in s. 105A(5) added (11.5.1994) by S.I. 1994/1002, reg. 2(c).

F7 Words in s. 105A(6)(a) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 130(1), Sch. 8 para. 5(2); S.I. 1991/685, art. 3

F8 S. 105A(6)(c) substituted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 132(1), Sch. 9 para. 9; S.I. 1991/685, art. 3

Marginal Citations

M1 1949 c.97 (46:1).

M2 1990 c.9 (123:1).

M3 1981 c.69 (4:5).

Valid from 13/03/1999

F9 105B Procedure E+W

(1) The Secretary of State must ensure that any determination made by him as to whether or not a relevant project should be made subject to an environmental impact assessment in accordance with the Directive is published.

(2) Any project for the construction or improvement of a special road which falls within Annex II is to be treated as having characteristics that require it to be made subject to an environmental impact assessment.

(3) An environmental statement must be published so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express their opinion before the Secretary of State decides whether to proceed with the construction or improvement to which the assessment relates.

(4) The Secretary of State must ensure that the consultation bodies are given an opportunity to express an opinion on the published details of the project and the environmental statement before he decides whether to proceed with the construction or improvement to which the assessment relates.

(5) Before deciding whether to proceed with the construction or improvement in relation to which an environmental impact assessment has been made, the Secretary of State must take into consideration–

(a) the environmental statement; and

(b) any opinion on that statement expressed by a member of the public, by any of the consultation bodies or by any Member State consulted under section 105C.

(6) When the Secretary of State has decided whether to proceed with the construction or improvement for which an environmental impact assessment has been made, he must publish his decision together with a statement confirming that he has complied with subsection (5) and must make available to the public documents containing–

(a) the content of the decision and any conditions attached thereto;

(b) the main reasons and considerations on which the decision is based; and

(c) where his decision is to proceed with the construction or improvement, a description of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.

(7) Publication by the Secretary of State in accordance with subsections (1), (3) and (6) shall be in the London Gazette and in at least one local newspaper circulating in the area in which the project for the construction or improvement of the highway is situated.

(8) In this section–

“the consultation bodies” means–

(a)

any principal council as defined in subsection (1) of section 270 of the M4 Local Government Act 1972 for the area where the land is situated;

(b)

where the land is situated in England, the Countryside Commission, English Heritage and the Nature Conservancy Council for England;

(c)

where the land is situated in Wales, Cadw and the Countryside Council for Wales; and

(d)

the Environment Agency.

Textual Amendments

F9 Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2

Marginal Citations

M4 1972 c. 70.

Valid from 13/03/1999

F10 105C Other Member States. E+W

(1) This section applies if–

(a) it appears to the Secretary of State that a project to which section 105A(3) applies is likely to have a significant effect on the environment in another Member State; or

(b) a Member State the environment of which is likely to be significantly affected by such a project asks the Secretary of State for information about it.

(2) The Secretary of State must give the Member State–

(a) a description of the project, together with any information available to him which suggests that it may have a significant effect on the environment in the Member State;

(b) any information which he has on the nature of the decision which may be taken on the project;

(c) information about the environmental impact assessment procedure (if he considers it appropriate); and

(d) a reasonable period within which to indicate whether it wishes to participate in that procedure.

(3) Subsection (2)(a) and (b) must be complied with no later than the date of publication of the determination referred to in Section 105B(1).

(4) If the Member State indicates that it wishes to participate in the environmental impact assessment procedure, the Secretary of State must give it–

(a) a copy of the environmental statement for the project (if he has not already done so); and

(b) any information about the environmental impact assessment procedure which he considers it appropriate to give and which has not already been given to the Member State.

(5) The Secretary of State, so far as he is concerned, must also–

(a) arrange for the information which he has given to the Member State to be made available, within a reasonable time, to–

(i) the authorities referred to in Article 6(1) of the Directive; and

(ii) members of the public in the Member State who are likely to be concerned; and

(b) ensure that those authorities and the public concerned are given a reasonable opportunity to give him their views before he decides whether to proceed with the project to which the environmental impact assessment relates.

(6) The Secretary of State must, in accordance with Article 7(4) of the Directive–

(a) enter into consultations with the Member State concerned regarding, among other matters, the potential significant effects of the project on the environment of that Member State and the measures envisaged to reduce or eliminate those effects; and

(b) agree with that Member State a reasonable period for those consultations.

(7) Where a Member State has been consulted in accordance with subsection (4), on the determination of the application concerned the Secretary of State must inform the Member State of the decision and must give it documents containing the matters referred to in section 105B(6).

(8) In this section “Member State” has the same meaning as in the Directive.

Textual Amendments

F10 Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2

Valid from 26/04/2007

[F11 [F12 105D Validity of decisions E+W

(1) If a person aggrieved by a decision of the Secretary of State to proceed with the construction or improvement for which an environmental statement has been made desires to question the validity of the decision on the ground that—

(a) it is not within the powers of this Act; or

(b) any requirement of this Part of this Act has not been complied with in relation to the decision;

he may, within 6 weeks from the date on which the decision is first published under section 105B (6), make an application for the purpose to the High Court.

(2) On any such application, the Court—

(a) may by interim order suspend the operation of the decision, or any aspect of it, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and

(b) if satisfied that the decision is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement of this Part of this Act, may quash the decision or any aspect of it, either generally or in so far as it affects any property of the applicant.

(3) Subject to subsection (2), a decision to which subsection (1) applies shall not be questioned in any legal proceedings whatever.]]

Textual Amendments

F11 Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2

F12 S. 105D inserted (26.4.2007) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 5 (with reg. 7)