22 Subsequent application for EIA development
1 This regulation applies in relation to a subsequent application if either—
(a) the applicant has notified the relevant authority under regulation 8(2)(b); or
(b) the relevant authority has given a screening opinion to the effect that further information is required to enable it to determine the subsequent application.
2 Where this regulation applies, the applicant must—
(a) submit an updated environmental statement with the subsequent application;
(b) comply with the requirements of paragraph (3); and
(c) certify to the relevant authority in the form set out in certificate 4 in Schedule 5 to these Regulations that the applicant has complied with the requirements of paragraph (3).
3 The requirements mentioned in paragraph (2)(b) are that the applicant must—
(a) publish a notice of the subsequent application (in accordance with sub-paragraph (b)) which sets out the following information—
(i) the name and address of the applicant;
(ii) that the applicant is making an application for approval of a matter in pursuance of a requirement imposed by an order granting development consent;
(iii) the reference number of the order granting development consent;
(iv) that the order granting development consent is for EIA development;
(v) a summary of the main proposals, specifying the location or route of the proposed development;
(vi) that the updated environmental statement and supporting documents are available for inspection free of charge—
(aa) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Reg. 22(3)(a)(vi)(aa) omitted (31.12.2020 immediately before 11 p.m.) by virtue of The Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020 (S.I. 2020/1534), regs. 1, 5(4)(a) (with reg. 7)
(bb) on a website maintained by or on behalf of the relevant authority;
(via) the address of the website where the updated environmental statement and supporting documents may be inspected;
Reg. 22(3)(a)(via)-(vic) inserted (31.12.2020 immediately before 11 p.m.) by The Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020 (S.I. 2020/1534), regs. 1, 5(4)(b) (with reg. 7)
(vib) the place on the website where the updated environmental statement and supporting documents may be inspected;
(vic) a telephone number which can be used to contact the applicant for enquiries in relation to the updated environmental statement and supporting documents;
(vii) the latest date on which those documents will be available for inspection on the website (being a date not earlier than the deadline referred to in paragraph (x));
Words in reg. 22(3)(a)(vii) inserted (31.12.2020 immediately before 11 p.m.) by The Infrastructure Planning (Publication and Notification of Applications etc.) (Amendment) Regulations 2020 (S.I. 2020/1534), regs. 1, 5(4)(c) (with reg. 7)
(viii) whether a charge will be made for copies of any of those documents and the amount of any charge;
(ix) details of how to respond to the publicity; and
(x) a deadline for receipt of responses being not less than 30 days following the date when the notice is last published;
(b) publish the notice—
(i) for at least 2 successive weeks in one or more local newspapers circulating in the vicinity in which the proposed development is situated;
(ii) once in a national newspaper;
(iii) once in the London Gazette and, if land in Scotland is affected, the Edinburgh Gazette; and
(iv) in the case of offshore development, once in Lloyds List; and once in an appropriate fishing trade journal;
(c) display the notice at, or as close as reasonably practicable to, the site of the proposed development at a place accessible to the public;
(d) where a person has been notified to the applicant under regulation 11(1)(c), serve on that person a copy of that notice, at the same time as the notice is published;
Word in reg. 22(3)(d) substituted (1.10.2018) by The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. 2018/695), regs. 1, 6(6)
(e) arrange for the notice to be published on a website maintained by or on behalf of the relevant authority; and
(f) send to the consultation bodies—
(i) a notice setting out the details listed at sub-paragraph (a)(i) to (v);
(ii) details of how to respond to the consultation;
(iii) a deadline for receipt of responses being not less than 30 days following the date when the body receives the notice;
(iv) a map showing where the proposed development is to be sited; and
(v) a copy of the updated environmental statement and of any supporting documents.
4 Where the proposed development consists of, or includes, works with a route or alignment exceeding 5 kilometres in length—
(a) the requirement set out in paragraph (3)(b)(i) shall be taken to include a requirement to publish the notice referred to in paragraph (3)(a) for at least 2 successive weeks in one or more local newspapers circulating in the vicinity of the land along the route or alignment of the works described in the application; and
(b) the requirements set out in paragraph (3)(c) to display the notice referred to in paragraph (3)(a) shall be taken to include a requirement to display the notice at intervals of not more than 5 kilometres along the whole proposed route or alignment of the works described in the application, except where this is impracticable due to the land in question being covered in water.