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The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

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Duties to inform consultees, public and the Secretary of State of final decisionsU.K.

This section has no associated Explanatory Memorandum

31.—(1) Paragraph (2) applies where—

(a)the Secretary of State determines an application for an order granting development consent for EIA development; or

(b)the relevant authority determines a subsequent application to which regulation 22 applies.

(2) Where this paragraph applies, the Secretary of State or, as the case may be, the relevant authority must—

(a)inform the consultation bodies of the decision in writing;

(b)where the decision has been made by a relevant authority which is not the Secretary of State, inform the Secretary of State of the decision in writing;

(c)inform the public of the decision by publication of a notice of the decision in the manner prescribed in paragraph (3) and—

(i)where the decision has been made by the Secretary of State, by publication of a notice of the decision on the website of the Secretary of State; or

(ii)where the decision has been made by a relevant authority which is not the Secretary of State and where that authority maintains a website for the purpose of advertisement of applications, by publication of a notice of the decision on the website of that authority; and

(d)make available for public inspection, at the place where the register is kept, a statement containing—

(i)the main reasons and considerations on which the decision is based, including information about the arrangements taken to ensure the public had the opportunity to participate in the decision-making procedures;

(ii)a summary of the results of the consultations undertaken, and information gathered, in respect of the application and how those results, in particular the comments received from an EEA State pursuant to consultation under regulation 32, have been incorporated or otherwise addressed; and

(iii)details of the matters referred to in regulation 30(2).

(3) Notice of the decision must be published—

(a)for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the proposed development is situated;

(b)once in a national newspaper;

(c)once in the London Gazette and, if land in Scotland is affected, the Edinburgh Gazette; and

(d)in the case of offshore development, once in Lloyd's List; and once in an appropriate fishing trade journal.

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