The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

Procedure where an environmental statement is submitted to a local planning authority E+W

19.—(1) An applicant who makes an EIA application must submit to the relevant planning authority an additional copy of the environmental statement for transmission to the Secretary of State.

(2) If, at the same time as serving the environmental statement on the relevant planning authority under paragraph (1) the applicant serves a copy of the environmental statement on any other body, the applicant must—

(a) serve with it a copy of the application and any plan submitted with the application (unless these have already been provided to the body in question);

(b) inform the body that representations may be made to the relevant planning authority; and

(c) inform the authority of the name of each body so served and of the date of service.

(3) When a relevant planning authority receives an environmental statement in connection with an EIA application under paragraph (1), the relevant planning authority must—

(a) send to the Secretary of State, within 14 days of receipt of the statement, a copy of the statement and a copy of the application and of any documents submitted with the application;

(b) inform the applicant of the number of copies required to enable the authority to comply with sub-paragraph (c);

(c) forward to any consultation body which has not received a copy directly from the applicant a copy of the environmental statement and inform any such consultation body that they may make representations; and

(d) where the relevant planning authority is aware of any particular person who is or 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, send a notice to such person containing the details set out in regulation 20(2)(b) to (k) and the name and address of the relevant planning authority.

(4) The applicant must send the copies required for the purposes of paragraph (3)(c) to the relevant planning authority.

(5) Where an applicant submits an environmental statement to the relevant planning authority under paragraph (1), the provisions of articles 15 and 16 of, and Schedule 3 to, the Order (publicity for applications for planning permission) apply to a subsequent application as they apply to an application for planning permission except that in the relevant requisite notice in Schedule 3 to the Order for the reference to—

(i) “application for planning permission” there is substituted “ application for subsequent consent ”; and

(ii) “planning permission to” there is substituted “subsequent application in respect of”.

(6) The relevant planning authority must not determine the EIA application until the expiry of 30 days from the last date on which a copy of the statement was served in accordance with this regulation.

[F1 (7) For the purpose of this regulation references (however expressed) to—

(a) serving, submitting, sending or forwarding the environmental statement, or any other documents required under this regulation, includes serving, submitting, sending or forwarding that statement by electronic means; and

(b) an address includes an email address.]

Textual Amendments

F1 Reg. 19(7) inserted (temp.) (24.12.2020) by The Town and Country Planning (Local Planning, Development Management Procedure, Listed Buildings etc.) (England) (Coronavirus) (Amendment) Regulations 2020 (S.I. 2020/1398), regs. 1(2), 8 (with regs. 13, 15, 17-20)