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

Opinion as to whether an application will be a Schedule 1 or 2 application

5.—(1) A person who is minded to apply for planning permission may ask the local planning authority to state in writing whether in their opinion the proposed development would be within a description mentioned in Schedule 1 or 2 and, if so,—

(a) within which such description; and

(b) if it falls within a description in Schedule 2, whether its likely effects would be such that regulation 4 would apply.

(2) A request made pursuant to paragraph (1) shall be accompanied by—

(a) a plan sufficient to identify the land;

(b) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment;

(c) such other information or representations as the person making the request may wish to provide or make.

(3) An authority receiving a request under paragraph (1) shall, if they consider that they have not been provided with sufficient information to give an opinion on the questions raised, notify the person making the request of the particular points on which they require further information.

(4) An authority shall respond to a request under paragraph (1) within 3 weeks beginning with the date of the request or such longer period as may be agreed in writing with the person making the request; and if they express an opinion to the effect that the consideration of environmental information would be required before planning permission could be granted for the proposed development, they shall provide with the opinion a written statement giving clearly and precisely their full reasons for their conclusion.

(5) An authority shall make a copy of any opinion given pursuant to a request under paragraph (1), and any accompanying statement of reasons and a copy of the relevant request and the accompanying documents available for public inspection at any reasonable hour at the place where the appropriate register (or relevant section of that register) is kept until such time, if any, as a copy of that opinion is required by regulation 7 to be placed on Part I of that register.

(6) Where an authority—

(a) give an opinion to the effect mentioned in paragraph (4); or

(b) fail to give an opinion within the relevant period mentioned in paragraph (4),

the person who requested the opinion may apply in accordance with regulation 6 to the Secretary of State for a direction on the matter.

(7) Paragraph (6)(b) applies notwithstanding that the authority may not have received further information which they have sought under paragraph (3).