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The Town and Country Planning (Environmental Impact Assessment) Regulations 2011

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Scoping directions of the Secretary of State

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14.—(1) A request made under this paragraph pursuant to regulation 13(7) shall include—

(a)a copy of the request to the relevant planning authority under regulation 13(1);

(b)a copy of any relevant notification under regulation 13(3) and of any response;

(c)a copy of any relevant screening opinion received by the person making the request and of any accompanying statement of reasons; and

(d)any representations that the person making the request wishes to make.

(2) A person making a request under paragraph (1) shall send to the relevant planning authority a copy of that request, but that copy need not include the matters mentioned in sub-paragraphs (a) to (c) of that paragraph.

(3) If the Secretary of State considers that the information provided pursuant to paragraph (1) is insufficient to make a scoping direction, the Secretary of State shall give notice in writing to the person making the request of any points on which additional information is required; and may request the relevant planning authority to provide such information as they can on any of those points.

(4) The Secretary of State—

(a)shall consult the person making the request and the consultation bodies before making a scoping direction in response to a request under paragraph (1), and

(b)within 5 weeks beginning with the date of receipt of that request or such longer period as may be reasonably required, make a direction and send a copy to the person who made the request and to the relevant planning authority.

(5) Before making a scoping direction the Secretary of State shall take into account the matters specified in regulation 13(6).

(6) Neither the Secretary of State who has made a scoping direction in response to a request under paragraph (1) nor the relevant planning authority shall be precluded from requiring of the person who made the request additional information in connection with any statement that may be submitted by that person as an environmental statement in connection with an application for planning permission or a subsequent application for the same development as was referred to in the request.

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