The Town and Country Planning (Environmental Assessment and Unauthorised Development) Regulations 1995

Appeal to the Secretary of State without an environmental statement

7.—(1) Where on consideration of an appeal under section 174 the Secretary of State is of the opinion that the matters which are alleged to constitute the breach of planning control comprise or include unauthorised development, and the documents submitted to him for the purposes of the appeal do not include an environmental statement, he shall, subject to paragraph (2), within the period of 21 days beginning with the day on which he receives the appeal, or such longer period as he may reasonably require, notify the appellant in writing of his opinion and of the reasons for it and of the requirements of paragraph (3) below.

(2) Notice need not be given under paragraph (1) where the appellant has submitted an environmental statement to the Secretary of State for the purposes of an appeal under section 78 (right to appeal against planning decisions and failure to take such decisions)(1) which—

(a) relates to the development to which the appeal under section 174 relates; and

(b) is to be determined at the same time as that appeal;

and that statement and the representations (if any) made in relation to any part of it shall be treated as the environmental statement and representations for the purposes of regulation 3 of these Regulations.

(3) The requirements of this paragraph are that the appellant shall, within the period specified in the notice or such longer period as the Secretary of State may allow, submit to the Secretary of State four copies of an environmental statement relating to the unauthorised development in question.

(4) The Secretary of State shall send to the relevant planning authority a copy of any notice sent to the appellant under paragraph (1).

(5) If an appellant to whom notice has been given under paragraph (1) fails to comply with the requirements of paragraph (3), the deemed application and the ground (a) appeal (if any) shall lapse at the end of the period specified or allowed (as the case may be).

(6) As soon as reasonably practicable after the occurrence of the event mentioned in paragraph (5), the Secretary of State shall notify the appellant and the local planning authority in writing that the deemed application and the ground (a) appeal (if any) have lapsed.

(1)

Section 78 was amended by section 17(2) of the Planning and Compensation Act 1991.