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

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Procedure where an environmental statement is submitted to a local planning authority

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16.—(1) An applicant who makes an EIA application shall submit to the relevant planning authority a statement, referred to as an “environmental statement” for the purposes of these Regulations, and shall provide the authority with 1 additional copy of the statement for transmission to the Secretary of State. If at the same time the applicant serves a copy of the statement to any other body, the applicant shall—

(a)serve with it a copy of the application and any plan submitted with the application (unless these have already been provided to the body in question);

(b)inform the body that representations may be made to the relevant planning authority; and

(c)inform the authority of the name of every body so served and of the date of service.

(2) When a relevant planning authority receive in connection with an EIA application a statement as described in paragraph (1) the authority shall—

(a)send to the Secretary of State, within 14 days of receipt of the statement, 1 copy of the statement and a copy of the relevant application and of any documents submitted with the application;

(b)inform the applicant of the number of copies required to enable the authority to comply with sub-paragraph (c) below;

(c)forward to any consultation body which has not received a copy direct from the applicant a copy of the statement and inform any such consultation body that they may make representations;

(d)where the relevant planning authority are aware of any particular person who is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, send a notice to such person containing the details set out in regulation 17(2)(b) to (j) and the name and address of the relevant planning authority.

(3) The applicant shall send the copies required for the purposes of paragraph (2)(c) to the relevant planning authority.

(4) Where an applicant submits an environmental statement to the authority in accordance with paragraph (1), the provisions of article 13 of and Schedule 3 to the Order (publicity for applications for planning permission) shall apply to a subsequent application as they apply to a planning application falling within paragraph 13(2) of the Order except that for the reference in the notice in Schedule 3 to the Order to “planning permission to” there shall be substituted “subsequent application in respect of”.

(5) The relevant planning authority shall not determine the application until the expiry of 14 days from the last date on which a copy of the statement was served in accordance with this regulation.

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