The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988

Appeal to the Secretary of State without an environmental statement

11.—(1) Where the Secretary of State on consideration of an appeal under section 36(1) forms the view that the relevant application is a Schedule 1 or a Schedule 2 application, and the documents sent to him for the purposes of the appeal do not include a copy of an environmental statement, regulation 10 shall apply subject to any necessary modifications.

(2) Where an inspector is dealing with an appeal and any question arises as to whether the relevant application is a Schedule 1 or a Schedule 2 application and it appears to the inspector that it may be such an application and no environmental statement has been submitted, the inspector shall refer the matter to the Secretary of State.

(3) Where a question is referred pursuant to paragraph (2), the Secretary of State shall direct whether or not the application is a Schedule 1 or Schedule 2 application; and the inspector shall not determine the appeal, except by refusing planning permission, before he receives a direction.

(4) Where the Secretary of State directs as aforesaid, he shall forthwith send copies of the direction to the appellant, the local planning authority and the inspector, and to any other person he considers desirable, and where he directs that the application is a Schedule 1 or Schedule 2 application he shall at the same time send those persons a written statement giving his full reasons for his conclusions clearly and precisely.

(5) Where the Secretary of State directs that the application is a Schedule 1 or Schedule 2 application, the appellant may within 3 weeks beginning with the date of the direction write to the Secretary of State to inform him that he proposes to provide an environmental statement.

(6) If the appellant does not write in accordance with paragraph (5), the inspector shall be under no duty to deal with the appeal; and at the end of the 3 week period he shall inform the appellant that no further action is being taken on the appeal.

(7) Where the Secretary of State has directed that the relevant application is a Schedule 1 or Schedule 2 application, the inspector shall determine the appeal only by refusing planning permission if the appellant does not submit an environmental statement and comply with regulation 13(5).

(1)

Applied by section 37.