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17. After regulation 24 insert new regulation 24A—
24A.—(1) This regulation applies to Schedule 2 development for which a local planning authority propose to grant planning permission by local development order.
(2) Where this regulation applies, the local planning authority shall not make a LDO unless they have adopted a screening opinion or the Secretary of State has made a screening direction.
(3) Paragraphs (4) to (6) apply where—
(a)the local planning authority adopt a screening opinion; or
(b)the Secretary of State makes a screening direction under these Regulations,
to the effect that the development is EIA development.
(4) The local planning authority shall not make a local development order which would grant planning permission for EIA development unless—
(a)an environmental statement has been prepared in relation to that development; and
(b)the authority has first taken the environmental information into consideration, and they state in their decision that they have done so.
(5) In a case to which this regulation shall have effect these Regulations shall apply subject to the following modifications—
(a)regulations 3, 5 to 9, 12, 15 and 16 shall not apply;
(b)in regulation 4—
(i)paragraph (2)(a) shall not apply;
(ii)in paragraph (2)(b) for “relevant” substitute “local”;
(iii)in paragraph (4) for “relevant” substitute “local”;
(iv)in paragraph (6) omit sub-paragraph (ii); and
(v)in paragraph (9) for “relevant” substitute “local”;
(c)for regulation 10(1) substitute—
“Where a proposed LDO is EIA development, the local planning authority, upon receiving a request, may state in writing its opinion as to the information to be provided in the environmental statement (“a scoping opinion”).”;
(d)in regulation 11 in paragraphs (1)(a) and (3) for “relevant” substitute “local”;
(e)for regulation 13 substitute—
13.—(1) Where a statement referred to as the environmental statement has been prepared in relation to EIA development for which a local planning authority proposes to grant planning permission by a local development order, the local planning authority shall—
(a)send to the Secretary of State two copies of the statement;
(b)send a copy of the statement to the consultation bodies and inform them that they may make representations; and
(c)notify any particular person of whom the authority is aware, who is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, of an address in the locality in which the land is situated where a copy of the statement may be obtained and the address to which representations may be sent.
(2) The local planning authority shall not make the local development order until the expiry of 14 days from the last date on which a copy of the statement was served in accordance with this regulation.”;
(f)in regulation 14—
(i)omit paragraph (1);
(ii)for paragraph (2) substitute—
“The local planning authority shall publish in a local newspaper circulating in the locality in which the land is situated a notice stating—
(a)the name and address of the local planning authority;
(b)the address or location and the nature of the development referred to in the proposed LDO;
(c)that a copy of the draft LDO and of any plan or other documents accompanying it together with a copy of the environmental statement may be inspected by members of the public at all reasonable hours;
(d)an address in the locality in which the land is situated at which those documents may be inspected, and the latest date on which they will be available for inspection (being a date not less than 21 days later than the date on which the notice is published);
(e)an address (whether or not the same as that given under sub-paragraph (d)) in the locality in which the land is situated at which copies of the statement may be obtained;
(f)that copies may be obtained there so long as stocks last;
(g)if a charge is to be made for a copy, the amount of the charge; and
(h)that any person wishing to make representations about the LDO should make them in writing, before the date specified in accordance with sub-paragraph (d), to the local planning authority.”;
(iii)in paragraph (3)—
(aa)omit “The applicant” and substitute “The local planning authority” and
(bb)omit “he” and “him” and substitute “the authority”; and
(iv)omit paragraphs (5) to (8);
(g)For regulation 17 substitute—
17. The local planning authority shall ensure that a reasonable number of copies of the statement referred to as the environmental statement prepared in relation to EIA development for which the authority proposes to grant planning permission by a local development order are available at—
(a)their principal office during normal office hours; and
(b)at such other places within their area as they consider appropriate.”;
(h)in regulation 19—
(i)for paragraph (1) substitute—
“(1) Where a statement referred to as an environmental statement for the purposes of these Regulations has been submitted and the local planning authority is of the opinion that the statement should contain additional information in order to be an environmental statement, the local planning authority shall ensure that additional information is provided and such information provided is referred to in these Regulations as “further information””;
(ii)for paragraph (3) substitute—
“(3) The local planning authority shall publish in a local newspaper circulating in the locality in which the land is situated a notice stating—
(a)the name and address of the local planning authority;
(b)the address or location and the nature of the development referred to in the proposed LDO;
(c)that further information is available in relation to an environmental statement which has already been provided;
(d)that a copy of the further information may be inspected by members of the public at all reasonable hours;
(e)an address in the locality in which the land is situated at which the further information may be inspected, and the latest date on which it will be available for inspection (being a date not less than 21 days later than the date on which the notice is published);
(f)an address (whether or not the same as that given under sub-paragraph (e)) in the locality in which the land is situated at which copies of the further information may be obtained;
(g)that copies may be obtained there so long as stocks last;
(h)if a charge is to be made for a copy, the amount of the charge;
(i)that any person wishing to make representations about the further information should make them in writing, before the date specified in accordance with sub-paragraph (e), to the local planning authority;
(j)the address to which representations should be sent.”;
(iii)for paragraph (4) substitute—
“The local planning authority shall send a copy of the further information to each person to whom, in accordance with the Regulations, the statement to which it relates was sent and to the Secretary of State.”;
(iv)omit paragraphs (5) and (6);
(v)for paragraph (7) substitute—
“Where information is provided under paragraph (1) the local planning authority shall not make the LDO before the expiry of 14 days after the date on which the further information was sent to all persons to whom the statement which it relates was sent or the expiry of 21 days after the date that notice of it was published in a local newspaper, whichever is the later.”;
(vi)in paragraph (8)—
(aa)omit “The applicant or appellant who provides further information in accordance with paragraph (1)” and substitute “The local planning authority”; and
(bb)after “number of copies of the” insert “further”;
(vii)for paragraph (10) substitute—
“The local planning authority may in writing require such evidence to be provided as it may reasonably call for to verify any information in the environmental statement.”;
(i)in regulation 20—
(i)for paragraph (1) substitute—
“(1) Where particulars of a draft local development order are placed on Part III of the register, the local planning authority shall take steps to secure that there is also placed on that Part a copy of any relevant—
(a)scoping opinion;
(b)screening opinion;
(c)screening direction;
(d)direction under regulation 4(4);
(e)the statement referred to as the environmental statement including any further information;
(f)statement of reasons accompanying any of the above.”;
(ii)omit paragraph (2);
(j)in regulation 21—
(i)in paragraph (1) for “Where an EIA application is determined by a local planning authority” substitute “Where a local planning authority make a local development order which is EIA development”; and
(ii)omit paragraphs (2) and (3); and
(k)in regulation 27—
(i)in paragraph (1) for sub-paragraph (a) substitute—
“(a)it comes to the attention of the Secretary of State that EIA development proposed to be carried out in England for which a local planning authority propose to grant planning permission by a local development order is likely to have significant effects on the environment in another EEA state; or”; and
(ii)in paragraphs (3) and (6) for “application” substitute “proposed local development order”.
(6) In paragraphs (6)(b)(i),and (c)(i) and paragraph (12) of article 2B of the Order(1) after “local development order” insert “the environmental statement” in each place where the words occur.”
Article 2B of the Town and Country Planning (General Development Procedure) Order 1995 (SI 1995/419) was inserted by article 5(2) of the Town and Country Planning(General Development Procedure)(Amendment)(England) Order 2006 (SI 2006/1062).
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