The Electricity Works (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2007

Insertion of new regulation 14A of the 2000 Regulations

12.  After regulation 14 of the 2000 Regulations insert—

“Additional information and timing of determination

14A.— (1) Where additional information is made available to the Secretary of State he shall—

(a) serve a copy of the additional information on the local planning authority or local planning authorities on whom was served a copy of the environmental statement under regulation 11(3A);

(b) notify the applicant that additional information has been served on the local planning authority or local planning authorities in accordance with sub-paragraph (a); and

(c) in any case where the additional information is provided to the Secretary of State by a person other than the applicant, serve a copy of the additional information on the applicant.

(2) On the first occasion on which the applicant is notified of the service of additional information in accordance with paragraph (1)(b), the applicant shall—

(a) publish in accordance with paragraph (3) a notice containing the information specified in paragraph (4); and

(b) serve a copy of that notice on the Secretary of State.

(3) A notice to which paragraph (2)(a) applies shall be published in two successive weeks in—

(a) the London Gazette; and

(b) one or more newspapers circulating in the locality in which the land to which the application relates is situated (or, in relation to a proposed development in, on, over or under the sea, in such newspapers as are likely to come to the attention of those likely to be affected by the proposed development).

(4) A notice to which paragraph (2)(a) applies shall—

(a) describe the application in question and state that the Secretary of State has received additional information;

(b) identify the local planning authority or local planning authorities to which the Secretary of State is required to forward a copy of the additional information pursuant to paragraph (1)(a);

(c) state that the local planning authority or local planning authorities identified in sub-paragraph (b) are required to place the additional information on the register;

(d) state that requests for copies of the additional information may be sent to the Secretary of State and specify an address for that purpose;

(e) state a date not less than four weeks after the date on which the notice is to be last published in accordance with paragraph (3) by which any person may make representations to the Secretary of State in relation to the additional information and specify the address to which any such representations are to be sent; and

(f) state that the details set out in sub-paragraphs (b) to (d) will also apply in respect of any additional information received by the Secretary of State after publication of the notice.

(5) On receipt of a notice pursuant to paragraph (2)(b) the Secretary of State shall serve a copy of that notice on any person on whom was served a copy of the environmental statement under regulation 11(1), 11(3) or 11(3A).

(6) The Secretary of State shall not determine the application until after the later of—

(a) fourteen days from the last date on which a copy of the notice published pursuant to paragraph (2)(a) was served in accordance with paragraph (5); and

(b) the date stated in the notice published pursuant to paragraph (2)(a).”.