The Channel Tunnel Rail Link (Assessment of Environmental Effects) Regulations 1999

Explanatory Note

(This note is not part of these Regulations)

These Regulations are made for the purpose of dealing with matters arising out of or related to the obligations of the United Kingdom under Council Directive 85/337/EEC (OJ No L 175, 5.7.1985, p.40) on the assessment of the effects of certain public and private projects on the environment (“the Council Directive”), in the context of certain development authorised by the 1996 Act.

Section 9(1) of that Act provides for planning permission to be deemed to be granted under Part III of the Town and Country Planning Act 1990 (1990 c. 8) for the carrying out of development authorised by Part I of the 1996 Act. These Regulations apply to development which is so authorised, where it consists of the carrying out of works other than scheduled works, where the development was commenced before the coming into force of these Regulations, or where plans, specifications, arrangements or schemes for the restitution of land for the development were approved before the coming into force of these Regulations. (Regulation 2.)

The Regulations make provision for ensuring that planning permission is not so deemed to be granted in relation to such development where three conditions are satisfied. These are first that the 1994 Environmental Statement did not contain all the information specified in Schedule 3 to the 1988 Regulations (which were concerned with the implementation of the Council Directive), and secondly that the development would not have constituted exempt development had it not been authorised by the 1996 Act. Thirdly, the development is either of a description mentioned in Schedule 1 to the 1988 Regulations, or it is of a description mentioned in Schedule 2 to those Regulations and is likely to have significant effects on the environment by virtue of factors such as its nature, size or location. (Regulation 3.)

The Regulations also make provision for the nominated undertaker to be able to apply for an opinion from the relevant planning authority as to whether the development in question satisfies the third of these conditions. If the authority gives an opinion that it does satisfy that condition, or if it fails to give an opinion, the nominated undertaker may apply to the Secretary of State for a direction in the matter. (Regulation 4.)

The Environmental Statement referred to in regulation 3 can be seen during normal office hours at the offices of Union Railways Limited, 5th floor, 106 Tottenham Court Road, London W1P 9HF.