7.—(1) An applicant may, before applying for planning permission, request in writing the planning authority’s opinion on—
(a)whether the proposed development would fall within any of the descriptions mentioned in Schedule 1; or
(b)whether the proposed development would fall within any of the descriptions mentioned in Schedule 2 and, if so, whether it would be likely to have significant effects on the environment.
(2) A request under paragraph (1) shall be accompanied by—
(a)a plan sufficient to identify the land on which the proposed development would be carried out; and
(b)a brief description of the nature and purpose of the proposed development and of its possible effects on the environment.
(3) On receipt of any such request—
(a)the planning authority shall send the applicant an acknowledgement stating the date of receipt;
(b)the planning authority shall consult such of the authorities, bodies or persons mentioned in Schedule 4 as they consider appropriate in respect of the request under paragraph (1).
(4) The planning authority shall within 4 weeks, or such longer period as the parties agree in writing, beginning with the date of receipt of a request, give the applicant their written opinion with reasons therefor on the questions raised.
(5) Where the planning authority give an opinion under paragraph (4) that the proposed development would fall within any of the descriptions of development mentioned in Schedule 1 or Schedule 2 and would be likely to have significant effects on the environment, they shall let the applicant know which, if any, of the authorities, bodies or persons mentioned in Schedule 4 they consulted under paragraph (3)(b).
(6) Where the planning authority consider that the applicant has not provided them with sufficient information to enable them to form an opinion, they may ask him for further information.
(7) At the same time as they give the applicant their written opinion, the planning authority shall send a copy of that opinion to such other persons as they consider desirable together with documents sufficient to identify the land and the proposed development to which the opinion relates.
(8) Where the planning authority do not give the applicant their written opinion within the 4 week period or such longer period as may be agreed between the parties under paragraph (4) above, the applicant shall be entitled to assume that at this stage the planning authority’s opinion is that consideration of environmental information shall not be required.
(9) Where an applicant is notified by the planning authority that in their opinion planning permission could not be granted for the proposed development without consideration of environmental information and the applicant disagrees, he may ask the Secretary of State in accordance with regulation 9 for a direction as to whether consideration of environmental information is required.
(10) The planning authority shall hold copies ot their written opinion, together with the request for it and accompanying documents, and shall make them available for inspection by the public at all reasonable hours at the place where Part I of the register is kept until such time, if any, as a copy of that opinion is required by regulation 11 to be placed on Part I of the register.
8.—(1) This regulation applies where—
(a)(i)the planning authority have given an opinion under regulation 7(4); or
(ii)the planning authority have received a direction from the Secretary of State under regulation 10 (other than where the direction relates to a determination by the Secretary of State under section 32 or 33);
that the proposed development would fall within any of the descriptions of development mentioned in Schedule 1 or Schedule 2 and would be likely to have significant effects on the environment; or
(b)under regulation 14(1) the planning authority have notified an applicant for planning permission that the application for planning permission is an application to which regulation 6 applies.
(2) Where this regulation applies, the planning authority shall—
(a)inform the authorities, bodies and persons mentioned in Schedule 4—
(i)of the requirement for an environmental statement;
(ii)that they may be required to make available to the applicant, in accordance with regulation 23, any information in their possession which he or they consider relevant to the preparation of the environmental statement; and
(b)inform the applicant—
(i)of what they have done under sub-paragraph (a);
(ii)of their view that he should provide an environmental statement;
(iii)that the planning authority is a body required under regulation 23 to provide him with any relevant information in their possession; and
(iv)that he shall supply the authorities, bodies and persons mentioned in Schedule 4 and the planning authority with such further information about the proposed development as they may request.
9.—(1) An application to the Secretary of State under regulation 7(9) for a direction shall be accompanied by—
(a)the applicant’s request to the planning authority for their opinion;
(b)the documents which accompanied the request and any other information supplied to the planning authority;
(c)the opinion and the reasons therefor; and
(d)any representations which the applicant wishes to make.
(2) An application to the Secretary of State under regulation 14(2)(b) for a direction shall be accompanied by—
(a)the applicant’s application for planning permission;
(b)any document relating to the application for planning permission;
(c)any opinion and the reasons therefor; and
(d)any representations which the applicant wishes to make.
(3) On the date on which an application is made to the Secretary of State for a direction under regulation 7(9) or 14(2), the applicant shall send to the planning authority a copy of—
(a)his letter to the Secretary of State; and
(b)any representations he has made;
and the planning authority may within 2 weeks beginning with that date make written comments to the Secretary of State on any matter relating to the application.
(4) Where the Secretary of State considers that the documents put before him do not provide him with sufficient information to enable him to give a direction, the applicant and the planning authority shall supply him with such further information as he may request.
(5) If on the expiry of 4 weeks from the receipt by the Secretary of State of the application referred to in paragraph (1) or (2) (or such longer period as the Secretary of State may, during the said 4 weeks or any period so extended, notify in writing to the applicant and the planning authority) the Secretary of State does not issue a direction, he shall be deemed to have directed that consideration of environmental information shall be required.
10. Where the Secretary of State makes any direction under section 28 in respect of the need for consideration of environmental information, he shall send a copy of the direction to the applicant, to the planning authority and to such other persons as he considers desirable together with documents sufficient to identify the land and the proposed development to which the direction relates; and where he directs that consideration of environmental information is required or the proposed development is exempt development he shall send them a statement of his reasons therefor.
11.—(1) Where a planning authority place copies of an application for planning permission in Part I of the register, they shall also place in that Part a copy of any direction given by the Secretary of State which is relevant to the question whether consideration of environmental information is required before planning permission can be granted on that application and or any relevant opinion given under regulation 7.
(2) Where any such direction as is mentioned in paragraph (1) is given after a copy of the relevant application has been placed in Part I of the register, a copy of that direction shall also be placed in that Part of the register when it is received by the planning authority.
(3) Where a planning authority notify an applicant under regulation 14 that they consider his application cannot be granted unless they have taken into consideration environmental information in respect of the proposed development, they shall place a copy of that notification in Part I of the register.
(4) Where a direction sent under regulation 10 is received by the planning authority and an application has not been made for planning permission for the development in question, the planning authority shall make a copy of the direction and any other documents sent with it available for public inspection at all reasonable hours at the place where Part I of the register is kept.