Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

ROMP application by a mineral planning authority

This section has no associated Explanatory Memorandum

51.—(1) Where a mineral planning authority proposes to make or makes a ROMP application to the Secretary of State under regulation 11 (other consents) of the General Regulations which is a Schedule 1 or a Schedule 2 application (or proposed application), these Regulations shall apply to that application or proposed application as they apply to a ROMP application referred to the Secretary of State under paragraph 7(1) of Schedule 2 to the 1991 Act, paragraph 13(1) of Schedule 13 to the 1995 Act or paragraph 8(1) of Schedule 14 to the 1995 Act (reference of applications to the Secretary of State) subject to the following modifications—

(a)subject to paragraph (2) below, regulations 5 to 10, 12, 13, 14, 16 (save for the purposes of regulations 19(3) and (4)), 18 and 24(1) shall not apply;

(b)in regulation 4 (general provisions relating to screening), paragraphs (4)(b) and (10) shall not apply;

(c)in regulation 11(2) (application referred to the Secretary of State without an environmental statement), omit the words “and shall send a copy of that notification to the relevant planning authority”;

(d)in regulation 15 (procedure to facilitate preparation of environmental statements)—

(i)in sub-paragraph (3)(b) for the words “10(4)(a), or 11(5) or 12(6)” substitute “11(5)”;

(ii)in paragraph (4) omit the words “the relevant planning authority and” and “authority or”;

(e)in regulation 17(2) (publicity where an environmental statement is submitted after the planning application)—

(i)in sub-paragraph (a) omit the words “and the name and address of the relevant planning authority”;

(ii)for sub-paragraph (b) substitute—

(b)the date on which the application was made and that it has been made to the Secretary of State under regulation 11 of the General Regulations;;

(f)in regulation 19 (procedure where an environmental statement is submitted to the Secretary of State), in paragraph (2) omit the words “who shall send 1 copy to the relevant planning authority”;

(g)in regulation 22(3) (further information and evidence respecting environmental statements)—

(i)in sub-paragraph (a) omit the words “and the name and address of the relevant planning authority”;

(ii)for sub-paragraph (b) substitute—

(b)the date on which the application was made and that it has been made to the Secretary of State under regulation 11 of the General Regulations;;

(h)regulations 23 (availability of opinions, directions etc for inspection) and 24(2) (duties to inform the public and the Secretary of State of final decisions) shall apply as if the references to a “relevant planning authority” were references to a mineral planning authority.

(2) A mineral planning authority which is minded to make a ROMP application to the Secretary of State under regulation 11 of the General Regulations may request the Secretary of State in writing to make a screening direction, and paragraphs (3) and (4) of regulation 6 shall apply to such a request as they apply to a request made pursuant to regulation 5(7) except that in paragraph (3) the words “, and may request the relevant planning authority to provide such information as they can on any of those points” shall be omitted.

(3) A request under paragraph (2) shall be accompanied by—

(a)a plan sufficient to identify the land;

(b)a brief description of the nature and purpose of the ROMP development and of its possible effects on the environment; and

(c)such other information as the authority may wish to provide or make.

(4) An authority making a request under paragraph (2) shall send to the Secretary of State any additional information he may request in writing to enable him to make a direction.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources