The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (revoked)

When development is EIA development: directions by the Secretary of State U.K.

5.—(1) A direction of the Secretary of State shall determine for the purpose of these Regulations whether development is or is not EIA development but may only be given if—

(a) the [F1 Secretary of State] has accepted an application for an order granting development consent in respect of that development; and

(b) either paragraph (3) or paragraph (4) applies.

(2) The Secretary of State may give a direction under paragraph (1)—

(a) at any time until the [F2 relevant authority] grants a subsequent consent; and

[F3 (b) either—

(i) of the Secretary of State’s own volition; or

(ii) if requested to do so in writing by any person.]

(3) This paragraph applies if—

(a) the proposed development has not been the subject of a screening opinion; and

(b) the application was not accompanied by a statement referred to by the applicant as an environmental statement for the purpose of these Regulations.

(4) This paragraph applies if—

(a) the proposed development has been the subject of a screening opinion to the effect that it is not EIA development; and

(b) the Secretary of State considers that the screening opinion did not take into account information that is material to the decision as to whether the proposed development is EIA development.

(5) The Secretary of State may direct that these Regulations shall not apply to a particular proposed development specified in the direction either—

(a) in accordance with Article 2(3) of the Directive (but without prejudice to Article 7 of the Directive), or

(b) if the development comprises or forms part of a project serving national defence purposes and in the opinion of the Secretary of State compliance with these Regulations would have an adverse effect on those purposes.

(6) Where a direction is given under paragraph (5)(a) the Secretary of State must—

(a) make available to the public the information considered in making the direction and the reasons for making the direction;

(b) consider whether another form of assessment would be appropriate; and

(c) take such steps as are considered appropriate to bring the information obtained under the other form of assessment to the attention of the public.

(7) The Secretary of State must send a copy of—

(a) any screening direction; and

(b) any direction given under paragraph (5),

to the [F4 relevant authority or], if the Examining authority has been dealing with the application, to the Examining authority.

Textual Amendments

F1 Words in Regulations substituted (1.4.2012) by The Localism Act 2011(Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 2(2)

F2 Words in reg. 5(2) substituted (1.4.2012) by The Localism Act 2011(Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 2(5)(a)

F3 Reg. 5(2)(b) substituted (13.4.2012) by The Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2012 (S.I. 2012/787), regs. 1, 4

F4 Words in reg. 5(7) substituted (1.4.2012) by The Localism Act 2011(Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 2(5)(b)