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

Application made to a planning authority without an environmental statement

9.—(1) Where it appears to the local planning authority that an application for planning permission is a Schedule 1 or a Schedule 2 application, and it is not accompanied by an environmental statement, they shall (unless the application is the subject of a direction under section 35) within 3 weeks beginning with the date of receipt of the application, or such longer period as they may agree with the applicant in writing, notify the applicant in writing that they consider the submission of such a statement is required, giving their full reasons for their view clearly and precisely.

(2) An applicant receiving a notification pursuant to paragraph (1) may within 3 weeks beginning with the date of the notification write to the authority to inform them that he—

(i) accepts their view and is providing an environmental statement; or

(ii) is applying in writing to the Secretary of State for his direction on the matter.

(3) If the applicant does not write in accordance with paragraph (2), the permission sought shall be deemed to be refused at the end of the 3 week period; but no appeal shall lie to the Secretary of State by virtue of section 36 or 37(1).

The deemed refusal shall be treated as a decision of the authority for the purposes of article 21(2)(c) of the General Development Order.

(4) Except where the Secretary of State gives a direction to the effect that regulation 4 does not apply, an authority which has given a notification in accordance with paragraph (1) shall determine the relevant application only by refusing planning permission if the applicant does not submit an environmental statement and comply with regulation 13(5).

(5) A person applying to the Secretary of State for a direction pursuant to paragraph (2) shall send with his application copies of—

(a) his application for planning permission;

(b) all documents sent to the authority as part of the application; and

(c) all correspondence with the authority relating to the development proposed,

and paragraphs (3) to (5) of regulation 6 shall apply in relation to the application.

(1)

These sections were amended by the Local Government, Planning and Land Act 1980 (c. 65), Schedule 15, paragraph 4.