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

Prohibition on granting planning permission or subsequent consent without consideration of environmental information

This section has no associated Explanatory Memorandum

3.—(1) This regulation applies—

(a)to every application for planning permission for EIA development received by the authority with whom it is lodged on or after the commencement of these Regulations;

(b)to every application for planning permission for EIA development lodged by an authority pursuant to regulation 3 or 4 (applications for planning permission) of the General Regulations on or after that date;

(c)to every subsequent application in respect of EIA development received by the authority with whom it is lodged on or after the commencement of these Regulations; and

(d)to every subsequent application in respect of EIA development lodged by an authority pursuant to regulation 11 of the General Regulations on or after the commencement of these Regulations;

(2) For the purposes of paragraph (1)(a) and (b), the date of receipt of an application by an authority shall be determined in accordance with article 29(3) (time periods for decision) of the Order.

(3) For the purpose of paragraph (1)(c) and (d), the date of receipt of an application by an authority shall be determined in accordance with article 30 (applications made under planning condition) of the Order.

(4) The relevant planning authority or the Secretary of State or an inspector shall not grant planning permission or subsequent consent pursuant to an application to which this regulation applies unless they have first taken the environmental information into consideration, and they shall state in their decision that they have done so.