The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988

Obtaining of planning permission by local authorities

17.—(1) Where this paragraph applies an authority shall not—

(i) pass a resolution pursuant to regulation 4(1) or 5(2) of the General Regulations without first preparing an environmental statement in respect of the proposed development; or

(ii) pass a resolution pursuant to regulation 4(5) thereof or that regulation as applied by regulation 5(4) thereof without first taking the environmental information into consideration.

(2) Paragraph (1) applies where a resolution is passed pursuant to regulation 4(1) or 5(2) of the General Regulations on or after 15th July 1988 and an application for planning permission for the relevant development would be a Schedule 1 or Schedule 2 application.

(3) An authority may request the Secretary of State in writing for a direction as to whether proposed development in relation to which they are minded to pass such a resolution as is mentioned in paragraph (1) is development in relation to which that paragraph applies. Any such application shall be accompanied by—

(i) a plan sufficient to identify the land; and

(ii) a brief description of the nature and purpose of the proposed development.

(4) An authority applying under paragraph (3) shall send the Secretary of State any further information he may request in writing to enable him to give a direction.

(5) An authority proposing to prepare an environmental statement shall consult the bodies mentioned in regulation 8(5).

(6) Regulation 22 (and 20(2)) shall apply to any body consulted under paragraph (5) as it applies where that body is notified pursuant to regulation 8(4)(a): but with the substitution of references to the consulting authority for references to the applicant.

(7) Where an authority pass a resolution pursuant to regulation 4(1) or 5(2) of the General Regulations in a case where paragraph (1) applies, regulation 4(2)(b) thereof shall apply (whether or not it would otherwise apply) with the additional requirement that the notice shall—

(i) state that an environmental statement has been prepared;

(ii) name an address at which a copy of it may be inspected; and

(iii) state that copies of the statement may be obtained, for so long as stocks last, at that address and, if a charge is to be made for a copy, the amount of the charge.

(8) An authority passing such a resolution as is mentioned in paragraph (1)(i) shall take steps to secure that a copy of any relevant environmental statement is placed on Part I of the register with the copy of the resolution.

(9) When they publicise their proposals in accordance with paragraph (7) an authority shall also—

(i) send a copy of the relevant resolution and the environmental statement to the Secretary of State;

(ii) supply to any body consulted pursuant to paragraph (5) which requests a copy of the statement or of any part of it, the copy requested and inform the body that it may make representations;

(iii) ensure that a reasonable number of copies of the statement are available at the address named in the notice referred to in paragraph (7),

and shall not pass a resolution pursuant to regulation 4(5) or 5(4) of the General Regulations in relation to the proposed development until the expiry of 14 days from the date on which any body was last supplied with any document under subparagraph (ii).

(10) Without prejudice to paragraph (1), an authority shall comply with the procedures set out in this regulation in any case where the Secretary of State gives a direction to the effect that environmental information is required to be taken into consideration before planning permission can be deemed to be granted by regulation 4(5) or 5(4).