The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

Extension of the period for an authority’s decision on a planning application

32.—(1) In determining for the purposes of section 78 (right to appeal against planning decisions and failure to take such decisions) the time which has elapsed without the relevant planning authority giving notice to the applicant of their decision in a case where—

(a) the authority have notified an applicant in accordance with regulation 7(2) that the submission of an environmental statement is required; and

(b) the Secretary of State has given a screening direction in relation to the development in question,

no account shall be taken of any period before the issue of the direction.

(2) Where it falls to an authority to determine an EIA application, article 20 (time periods for decision) of the Order shall have effect as if—

(a) for the reference in paragraph (2)(a) of that article to a period of 8 weeks there were substituted a reference to a period of 16 weeks;

(b) after paragraph (3)(b) of that article there were inserted—

“(ba) the environmental statement required to be submitted in respect of the application has been submitted, together with the documents required to accompany that statement; and.”