| Statutory Instruments 1999 No. 293 The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 - continued |
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Scoping directions of the Secretary of State
(b) a copy of any relevant notification under regulation 10(3) and of any response; (c) a copy of any relevant screening opinion received by the person making the request and of any accompanying statement of reasons; and (d) any representations that the person making the request wishes to make.
(2) When a person makes a request under paragraph (1) he shall send to the relevant planning authority a copy of that request, but that copy need not include the matters mentioned in sub-paragraphs (a) to (c) of that paragraph.
(b) a written statement made pursuant to regulation 7(4)(a), or 8(4) or 9(5)
shall -
(ii) inform in writing the person who intends to submit an environmental statement of the names and addresses of the bodies so notified.
(4) Subject to paragraph (5), the relevant planning authority and any body notified in accordance with paragraph (3) shall, if requested by the person who intends to submit an environmental statement enter into consultation with that person to determine whether the body has in its possession any information which he or they consider relevant to the preparation of the environmental statement and, if they have, the body shall make that information available to that person. Procedure where an environmental statement is submitted to a local planning authority 13. - (1) When an applicant making an EIA application submits to the relevant planning authority a statement which he refers to as an environmental statement for the purposes of these Regulations he shall provide the authority with three additional copies of the statement for transmission to the Secretary of State and, if at the same time he serves a copy of the statement on any other body, he shall -
(b) inform the body that representations may be made to the relevant planning authority; and (c) inform the authority of the name of every body whom he has so served and of the date of service.
(2) When a relevant planning authority receive in connection with an EIA application such a statement as is first mentioned in paragraph (1) the authority shall -
(b) inform the applicant of the number of copies required to enable the authority to comply with sub-paragraph (c) below; and (c) forward to any consultation body which has not received a copy direct from the applicant a copy of the statement and inform any such consultation body that they may make representations.
(3) The applicant shall send the copies required for the purposes of paragraph (2)(c) to the relevant planning authority.
(b) the date on which the application was made and, if it be the case, that it has been referred to the Secretary of State for determination or is the subject of an appeal to him; (c) the address or location and the nature of the proposed development; (d) that a copy of the application and of any plan and other documents submitted with it together with a copy of the environmental statement 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 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); (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 statement 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 application should make them in writing, before the date named in accordance with sub-paragraph (e), to the relevant planning authority or (in the case of an application referred to the Secretary of State or an appeal) to the Secretary of State; and (j) in the case of an application referred to the Secretary of State or an appeal, the address to which representations should be sent.
(3) The applicant shall, unless he has not, and was not reasonably able to acquire, such rights as would enable him to do so, post on the land a notice containing the information specified in paragraph (2), except that the date named as the latest date on which the documents will be available for inspection shall be not less than 21 days later than the date on which the notice is first posted.
(b) be affixed firmly to some object on the land and sited and displayed in such a way as to be easily visible to, and readable by, members of the public without going on to the land.
(5) The statement, when submitted, shall be accompanied by -
(b) a certificate by or on behalf of the applicant which states either -
(ii) that the applicant was unable to comply with paragraphs (3) and (4) above because he did not have the necessary rights to do so; that he has taken such reasonable steps as are open to him to acquire those rights; and has been unable to do so, specifying the steps taken.
(6) Where an applicant indicates that he proposes 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, shall (unless disposed to refuse the permission sought) suspend consideration of the application or appeal until receipt of the statement and the other documents mentioned in paragraph (5); and shall not determine it during the period of 21 days beginning with the date of receipt of the statement and the other documents so mentioned.
(b) the applicant appeals under section 78 (right to appeal against planning decisions and failure to take such decisions),
the applicant shall supply the Secretary of State with three copies of the statement and, where relevant, the further information unless, in the case of a referred application, the relevant planning authority have done so when referring the application to him.
(b) in the case of an appeal, references to the applicant were references to the appellant;
and the Secretary of State or the inspector shall comply with regulation 13(4) as if it referred to him instead of to the relevant planning authority.
(b) the date on which the application was made and, if it be the case, that it has been referred to the Secretary of State for determination or is the subject of an appeal to him; (c) the address or location and the nature of the proposed development; (d) that further information is available in relation to an environmental statement which has already been provided; (e) that a copy of the further information may be inspected by members of the public at all reasonable hours; (f) 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); (g) an address (whether or not the same as that given pursuant to sub-paragraph (f)) in the locality in which the land is situated at which copies of the further information may be obtained; (h) that copies may be obtained there so long as stocks last; (i) if a charge is to be made for a copy, the amount of the charge; (j) 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 (f), to the relevant planning authority, the Secretary of State or the inspector (as the case may be); and (k) the address to which representations should be sent.
(4) The recipient of the further information shall send a copy of it to each person to whom, in accordance with these Regulations, the statement to which it relates was sent. Availability of opinions, directions etc. for inspection 20. - (1) Where particulars of a planning application are placed on Part I of the register, the relevant planning authority shall take steps to secure that there is also placed on that Part a copy of any relevant -
(b) screening direction; (c) scoping opinion; (d) scoping direction; (e) notification given under regulation 7(2), 8(2) or 9(4); (f) direction under regulation 4(4); (g) environmental statement, including any further information; (h) statement of reasons accompanying any of the above.
(2) Where the relevant planning authority adopt a screening opinion or scoping opinion, or receive a request under regulation 10(1) or 11(2), a copy of a screening direction, scoping direction, or direction under regulation 4(4) before an application is made for planning permission for the development in question, the authority shall take steps to secure that a copy of the opinion, request, or direction and any accompanying statement of reasons is made available for public inspection at all reasonable hours at the place where the appropriate register (or relevant section of that register) is kept. Copies of those documents shall remain so available for a period of two years.
(b) inform the public of the decision, by publishing a notice in a newspaper circulating in the locality in which the land is situated, or by such other means as are reasonable in the circumstances; and (c) make available for public inspection at the place where the appropriate register (or relevant section of that register) is kept a statement containing -
(ii) the main reasons and considerations on which the decision is based; and (iii) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development.
(2) Where an EIA application is determined by the Secretary of State or an inspector, the Secretary of State shall -
(b) provide the authority with such a statement as is mentioned in sub-paragraph (1)(c).
(3) The relevant planning authority shall, as soon as reasonably practicable after receipt of a notification under sub-paragraph (2)(a), comply with sub-paragraphs (b) and (c) of paragraph (1) in relation to the decision so notified as if it were a decision of the authority. Development by a local planning authority 22. - (1) Where the relevant planning authority is also (or would be) the applicant (whether alone or jointly with any other person), these Regulations shall apply to a Schedule 1 application or Schedule 2 application (or proposed application) subject to the following modifications -
(b) paragraphs (2) to (7) of regulation 7 shall not apply, and paragraph 7(1) shall apply as if the reference to paragraph (3) of regulation 5 were omitted; (c) regulations 10 and 11 shall not apply; (d) paragraphs (1) to (3) of regulation 12 shall not apply, and regulation 12(4) shall apply to any consultation body from whom the relevant planning authority requests assistance as it applies to a body notified in accordance with regulation 12(3); (e) save for the purposes of regulations 16(3) and (4), regulation 13 shall apply as if -
(b) inform each consultation body that representations may be made to the relevant planning authority; and (c) send to the Secretary of State within 14 days of lodging the statement three copies of the statement and a copy of the relevant application and of any documents submitted with the application."
(f) regulation 16 shall apply as if paragraph (2) were omitted.
(2) An authority which is minded to make a planning application in relation to which it would be the relevant planning authority may adopt a screening opinion or request the Secretary of State in writing to make a screening direction, and paragraphs (3) and (4) of regulation 6 shall apply to such a request as they apply to a request made pursuant to regulation 5(6).
(b) development for which permission would be granted but for regulation 23(1),
may adopt a screening opinion or request the Secretary of State to make a screening direction, and paragraphs (3) and (4) of regulation 6 shall apply to such a request as they apply to a request made pursuant to regulation 5(6).
(b) a brief description of the nature and purpose of the development and of its possible effects on the environment; and (c) such other information or representations as the authority may wish to provide or make.
(5) An authority making a request under paragraph (2) or (3) shall send to the Secretary of State any additional information he may request in writing to enable him to make a direction.
(b) order designating an enterprise zone[27]; or (c) approval of a modified scheme in relation to an enterprise zone,
which has effect immediately before the commencement of these Regulations to grant planning permission shall, on and after that date, cease to have effect to grant planning permission for Schedule 1 development, and cease to have effect to grant planning permission for Schedule 2 development unless either:
(ii) the Secretary of State has made a screening direction,
to the effect that the particular proposed development is not EIA development.
(2) Paragraph (1) shall not affect the completion of any development begun before the commencement of these Regulations.
(b) order designating an enterprise zone made; or (c) modified scheme in relation to an enterprise zone approved,
after the commencement of these Regulations shall:
(ii) grant planning permission for Schedule 2 development unless that grant is made subject to the prior adoption of a screening opinion or prior making of a screening direction that the particular proposed development is not EIA development.
Notes: [24] S.I. 1992/3240, amended by S.I. 1998/1447.back [25] S.I. 1995/418, to which there are amendments not relevant to these Regulations.back [26] See section 83 and Schedule 7 to the Town and Country Planning Act 1990 (c. 8).back [27] See sections 88 and 89 of the Town and Country Planning Act 1990 (c. 8) and Schedule 32 to the Local Government, Planning and Land Act 1980 (c. 65).back
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