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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 the Secretary of State

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19.—(1) This regulation applies where an applicant submits an environmental statement to the Secretary of State, in relation to an EIA application which is before the Secretary of State or an inspector for determination or is the subject of an appeal to the Secretary of State.

(2) The applicant or appellant shall submit 2 copies of the statement to the Secretary of State who shall send 1 copy to the relevant planning authority.

(3) An applicant or appellant who submits an environmental statement to the Secretary of State may provide a copy of it to any other body, and if so shall comply with regulations 16(1)(a) and (b) as if the reference in regulation 16(1)(b) to the relevant planning authority were a reference to the Secretary of State, and inform the Secretary of State of the matters mentioned in regulation 16(1)(c).

(4) The Secretary of State shall comply with regulation 16(2) (except sub-paragraph (a) of that regulation) and the applicant or appellant with regulation 16(3) as if—

(a)references in those provisions to the relevant planning authority were references to the Secretary of State; and,

(b)in the case of an appeal, references to the applicant were references to the appellant,

and the Secretary of State or the inspector shall comply with regulation 16(5) as if it referred to the Secretary of State or the inspector instead of to the relevant planning authority.

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