The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

Consequential amendments to the Town and Country Planning (Environmental Impact Assessment) Regulations 2011

27.—(1) The Town and Country Planning (Environmental Impact Assessment) Regulations 2011(1) are amended as follows.

(2) In regulation 2, in the definition of “relevant planning authority”, after “would, but for” insert “an application made directly to the Secretary of State under section 62A (applications made directly to the Secretary of State) or”.

(3) After regulation 10 insert—

“Applications made directly to the Secretary of State without an environmental statement

10A.— (1) Where an application has been made directly to the Secretary of State under section 62A, and it appears to the Secretary of State that—

(a) it is an EIA application, and

(b) it is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations,

the Secretary of State must notify the applicant in writing that the submission of an environmental statement is required and send a copy of that notification to the relevant planning authority.

(2) The Secretary of State must notify the applicant in accordance with paragraph (1) within 3 weeks beginning with the date the application was received or such longer period as may agreed in writing with the applicant.

(3) Where the Secretary of State is aware that any particular person 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, the Secretary of State must notify the applicant of any such person.

(4) An applicant who receives a notification under paragraph (1) may, within 3 weeks beginning with the date of the notification, confirm in writing to the Secretary of State that an environmental statement will be provided.

(5) If the applicant does not write in accordance with paragraph (4), the Secretary of State is under no duty to deal with the application and, at the end of the 3 week period, he must inform the applicant in writing that no further action is being taken on the application.

(6) Where—

(a) a notification has been given under paragraph (1), and

(b) the applicant does not submit an environmental statement and comply with regulation 17(6),

the Secretary of State must determine the relevant application only by refusing planning permission.”

(4) In regulation 15(3)(b), after “regulation 10(4)(a),” insert “10A(4),”.

(5) In regulation 17—

(a) in paragraph (2)(a)—

(i) after “consent” insert “to the relevant planning authority or the Secretary of State, as the case may be,”; and

(ii) at the end add “ or (in the case of an application made to the Secretary of State) the name and address of the Secretary of State”;

(b) in paragraph (2)(i) after “of an application” insert “made or”;

(c) in paragraph (2)(j) after “of an application” insert “made or”; and

(d) in paragraph (3), after “regulation 10(2),” insert “10A(3),”.

(6) In regulation 20, after “the Order” insert “, article 13 of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013(2)”.

(7) In regulation 23(1)(e), after “regulation 10(1),” insert “10A(1),”.

(1)

S.I. 2011/1824. There are amendments to this instrument which are not relevant to this Order.

(2)

S.I. 2013/2140.