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

Modification of provisions on preparation, publicity and procedures on submission of environmental statements E+W

52.—(1) In the case of a ROMP application, in regulations 15(9) and 16(6) for “an application for planning permission or a subsequent application for” substitute “ a ROMP application which relates to another planning permission which authorises ”.

(2) In the case of a ROMP application, in regulation 19 (procedure where an environmental statement is submitted to a local planning authority) for [F1 paragraph (5)] substitute—

[F2 “(5)] Where an applicant submits an environmental statement to the authority in accordance with paragraph (1), the provisions of article 15 of, and Schedule 3 to, the Order (publicity for applications for planning permission) shall apply to a ROMP application under—

(a) paragraph 2(2) of Schedule 2 to the 1991 Act; and

(b) paragraph 6(1) of Schedule 14 to the 1995 Act M1 ,

as they apply to a planning application falling within [F3 article 15(1A)] of the Order except that for each reference in the notice in Schedule 3 to the Order to “planning permission” there is substituted “determination of the conditions to which a planning permission is to be subject” and that notice must refer to the relevant provisions of the 1991 Act or the 1995 Act pursuant to which the application is made.”.

(3) In the case of a ROMP application, in regulation 20 (publicity where an environmental statement is submitted after the planning application)—

[F4 (a) in paragraph (2)(a)—

(i) omit “for planning permission or subsequent consent”; and

(ii) after “to the relevant planning authority or the Secretary of State” insert “for determination of the conditions to which a planning permission is to be subject, the relevant provisions of the 1991 Act or the 1995 Act pursuant to which the application is made”].

(b) for paragraph (8) substitute—

“(8) Where an applicant indicates that it is proposed to provide such a statement and in such circumstances as are mentioned in paragraph (1), the relevant planning authority, the Secretary of State or the inspector, as the case may be, must suspend consideration of the application or appeal until the date specified by the authority or the Secretary of State for submission of the environmental statement and compliance with paragraph (6); and must not determine it during the period of 30 days beginning with the last date on which the statement and the other documents mentioned in paragraph (6) are published in accordance with this regulation.”.

(4) In the case of a ROMP application, in regulation 21 (provision of copies of environmental statements and further information for the Secretary of State on referral or appeal)—

(a) in paragraph (a) for “section 77 of the Act (reference of applications to the Secretary of State)” substitute “ paragraph 7(1) of Schedule 2 to the 1991 Act, paragraph 13(1) of Schedule 13 to the 1995 Act or paragraph 8(1) of Schedule 14 to the 1995 Act ”; and

(b) in paragraph (b) for “section 78 of the Act (right to appeal against planning decisions and failure to take such decisions)” substitute “paragraph 5(2) of Schedule 2 to the 1991 Act, paragraph 11(1) of Schedule 13 to the 1995 Act or paragraph 9(1) of Schedule 14 to the 1995 Act (right of appeal)”.

(5) In the case of a ROMP application, in regulation 23 (availability of copies of environmental statements) after “the Order” insert “(as applied by [F5 regulation 19(5)] or by paragraph 9(5) of Schedule 13 to the 1995 Act),”.

(6) In the case of a ROMP application, in regulation 25 (further information and evidence respecting environmental statements)—

(a) in paragraph (3)(a) for “applicant for planning permission or subsequent consent or the appellant (as the case may be)” substitute— “person who has applied for or who has appealed in relation to the determination of the conditions to which the planning permission is to be subject, the relevant provisions of the 1991 Act or the 1995 Act pursuant to which the application is made”;

(b) in paragraph (7) after “application or appeal” insert “until the date they specify for submission of the further information”.

(7) In regulation 26 (consideration of whether planning permission or subsequent consent should be granted)—

(a) in paragraph (1)(d) omit “if planning permission or subsequent consent is to be granted”; and

(b) in paragraph (2) for “grant planning permission or subsequent consent for EIA development” substitute “ determine the conditions to which a planning permission is to be subject ”.

Textual Amendments

F1 Words in reg. 52(2) substituted (1.10.2018) by The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. 2018/695), regs. 1, 2(8)(a)(i)

F2 Word in reg. 52(2) substituted (1.10.2018) by The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. 2018/695), regs. 1, 2(8)(a)(ii)

F3 Words in reg. 52(2) substituted (1.10.2018) by The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. 2018/695), regs. 1, 2(8)(a)(iii)

F4 Reg. 52(3)(a) substituted (1.10.2018) by The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. 2018/695), regs. 1, 2(8)(b)

F5 Words in reg. 52(5) substituted (1.10.2018) by The Town and Country Planning and Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2018 (S.I. 2018/695), regs. 1, 2(8)(c)

Marginal Citations

M1 The provisions of the Order are not applied to applications under paragraph 9(1) of Schedule 13 to the 1995 Act as they are applied by paragraph 9(5) of Schedule 13 to the 1995 Act.