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The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

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Scoping directions of the Secretary of State

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16.—(1) A person who, under regulation 15(7), requests the Secretary of State to make a scoping direction (“scoping direction request”) must submit with the scoping direction request—

(a)a copy of the scoping opinion request made to the relevant planning authority under regulation 15(1), including any information supplied with that request as required by regulation 15(2);

(b)a copy of any notification under regulation 15(3) related to that request and of any response;

(c)a copy of any screening opinion received by the person in relation to that request and of any accompanying statement of reasons; and

(d)any representations that the person making the scoping direction request wishes to make.

(2) A person making a scoping direction request under paragraph (1) must send to the relevant planning authority a copy of that scoping direction request, but that copy need not include the matters mentioned in sub-paragraphs (a) to (c) of paragraph (1).

(3) If the Secretary of State considers that the information provided pursuant to paragraph (1) is insufficient to make a scoping direction, the Secretary of State must give notice in writing to the person making the scoping direction request of any points on which additional information is required; and may request the relevant planning authority to provide such information as they can on any of those points.

(4) The Secretary of State—

(a)must consult the consultation bodies before making a scoping direction in response to a scoping direction request, and

(b)within 5 weeks beginning with the date of receipt of that request, or such longer period as may be reasonably required, must make a scoping direction and send a copy to the person who made the scoping direction request and to the relevant planning authority.

(5) Before making a scoping direction the Secretary of State must take into account the matters specified in regulation 15(6).

(6) Neither the Secretary of State who has made a scoping direction in response to a request under paragraph (1) nor the relevant planning authority shall be precluded from requiring of the person who made the request additional information in connection with any statement that may be submitted by that person as an environmental statement in connection with an application for planning permission or a subsequent application for the same development.

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