The Environmental Impact Assessment (Land Drainage Improvement Works) Regulations 1999

Determination of whether improvement works should proceed

12.—(1) On expiry of the period specified in the notice published under regulation 10(1), the drainage body shall assess, in the light of the environmental statement and any representations made in accordance with regulation 10 or Schedule 3, the direct and indirect effects of the proposed improvement works on the environmental factors specified in Schedule 4.

(2) Where–

(a) no objection in relation to the likely environmental effects of the improvement works has been made; or

(b) any such objection has been withdrawn,

and the drainage body, having undertaken the assessment specified in paragraph (1) above, consider that the improvement works should proceed, they may so determine (and may so determine subject to conditions).

(3) Where a drainage body have determined–

(a) in accordance with paragraph (2) above, that they should proceed with the works or that they should proceed subject to conditions, or

(b) that they should not so proceed, they shall, by notice in at least two local newspapers or by such other means as are reasonable in the circumstances,–

(A) inform the public of the determination, and

(B) give details of the place and times where the public may inspect a statement of–

(i) their determination and any conditions to which it is subject;

(ii) the main reasons and considerations upon which their determination was based; and

(iii) where necessary, a description of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the improvement works.

(4) Where a drainage body, having undertaken the assessment specified in paragraph (1) above, consider that the improvement works should proceed but objections to those works made in relation to their likely environmental effects have not been withdrawn, they shall refer the proposal for works together with the environmental statement and any representations on it to the appropriate Authority for determination.

(5) Where the appropriate Authority considers that the information supplied in accordance with paragraph (4) above does not provide sufficient information to enable a determination to be made, that Authority shall notify the drainage body in writing of the points on which further information is required and may make a written request to that body for such information as they may be able to provide on the points raised.

(6) Where, in accordance with paragraph (5) above, the appropriate Authority requests further information from a drainage body, the body shall, no later than the time when it provides that information to the appropriate Authority,–

(a) by notice, published in such newspapers (not being less than two) as the drainage body consider necessary to ensure that the further information is made available to the public and in order to give the public concerned the opportunity to express an opinion before a determination is made as to whether the improvement works should proceed,–

(i) announce that the further information is available and give details of the place and times where a copy may be inspected; and

(ii) state that any person who wishes to make representations on the likely environmental effects of the improvement works to which the further information relates should make them in writing to the appropriate Authority at the address specified in the notice within 28 days of the date of the publication of the notice;

(b) on or before the date of publication of the notice, supply a copy of the further information and notice to each of the consultation bodies so that they have an opportunity to make representations to the appropriate Authority on the likely environmental effects of the improvement works to which the further information relates before expiry of the period specified in the notice; and

(c) provide a copy of the further information to any other person who so requests.

(7) The appropriate Authority shall–

(a) assess, in the light of the environmental statement, any further information provided in response to a request under paragraph (5) above and any representations in accordance with regulation 10, Schedule 3 or paragraph (6) above, the direct and indirect effects of the proposed improvement works on the environmental factors specified in Schedule 4;

(b) having regard to the assessment under sub-paragraph (a) above,

(i) consent to the carrying out of the works absolutely or subject to such conditions as the Authority considers appropriate, or

(ii) refuse consent to the works; and

(c) send to the drainage body a statement in writing of–

(i) the Authority’s determination under sub-paragraph (b) above and any conditions attached to it;

(ii) the main reasons and considerations upon which it was based; and

(iii) where necessary, a description of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the improvement works.

(8) The drainage body shall by notice in at least two local newspapers, or by such other means as are reasonable in the circumstances,–

(a) inform the public of the appropriate Authority’s determination under paragraph (7)(b) above; and

(b) give details of the place and times where the public may inspect a copy of the statement sent to them under paragraph (7)(c) above.