The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

Procedure to facilitate preparation of environmental statements

9.—(1) Where paragraph (2) applies, the Commission or the relevant authority must—

(a) notify the consultation bodies in writing of the name and address of the applicant and of the duty imposed on the consultation bodies by paragraph (3) to make information available to that person;

(b) inform the applicant in writing of the names and addresses of the bodies so notified; and

(c) notify the applicant in writing of any particular person whom it considers—

(i) to be, or to be likely to be affected, by or to have an interest in the proposed development; and

(ii) to be unlikely to become aware of the proposed development by means of the measures taken in compliance with Part 5 of the Act.

(2) This paragraph applies if—

(a) a person has notified the Commission or the relevant authority under regulation 6(1)(b) or 6(2)(b); or

(b) either—

(i) in the case of an application for an order granting development consent, the Commission or the Secretary of State has given a screening opinion or screening direction to the effect that the proposed development is EIA development; or

(ii) in the case of a subsequent application, the relevant authority has given a subsequent screening opinion to the effect that supplementary information is required to enable it to determine the application.

(3) Subject to paragraph (4), the Commission, the relevant authority and any body notified in accordance with paragraph (1), other than a person notified in accordance with paragraph (1)(c), must, if so requested by the applicant, enter into consultation with that person to determine whether the Commission, the relevant authority or body, as the case may be, has in its possession any information which is considered relevant to the preparation of the environmental statement or the updated environmental statement; and, if that is the case, the Commission, or the relevant authority or body must make that information available to the applicant.

(4) Paragraph (3) shall not require the disclosure of information which is excepted from the duty to disclose environmental information under the Environmental Information Regulations 2004(1) or regulation 10(5) (as read with regulation 10(6)) of the Environmental Information (Scotland) Regulations 2004(2).

(5) A reasonable charge reflecting the cost of making the relevant information available may be made by the Commission, relevant authority or body making information available in accordance with paragraph (3).

(1)

S.I. 2004/3391.

(2)

S.S.I. 2004/520.