The Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006

The consent application E+W

12.— [F1 (1) An application for consent must be made to Natural England and include a written statement (an “environmental statement”) which is prepared by a competent person and—

(a) includes—

(i) the information specified in paragraph (1A), and

(ii) any additional information which, taking into account current knowledge and methods of assessment, may reasonably be required by Natural England to reach a conclusion about the likely significant environmental effects of the project,

(b) is based on any opinion given under regulation 10 in respect of the significant project,

(c) takes into account the results of any relevant UK environmental assessment which are reasonably available to the applicant, and

(d) states the relevant expertise and qualifications of the competent person.

(1A) The specified information is—

(a) a description of the significant project comprising information on its site, design, size and other relevant features,

(b) a description of the likely significant effects of the significant project on the environment,

(c) a description of any features of the significant project or measures to avoid, prevent, reduce or offset likely significant adverse effects of the significant project on the environment,

(d) a description of the reasonable alternatives studied by the applicant, which are relevant to the significant project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the significant project on the environment,

(e) a non-technical summary of the information referred to in sub-paragraphs (a) to (d), and

(f) any additional information specified in Schedule 3 relevant to the specific characteristics of the significant project and to the environmental features likely to be affected.]

(2) The applicant for consent must provide Natural England with as many copies of the application as it reasonably requires.

(3) After receiving the application for consent, Natural England must comply with paragraphs (4) and (5).

(4) Natural England must—

(a) send a copy of the application to any of the consultation bodies it considers appropriate; and

(b) inform them that they may make representations within 6 weeks of the date they received the copy of the application.

(5) In order to ensure that members of the public concerned are given an opportunity to make representations before the application is determined, Natural England must publish on its website and in a newspaper circulating in the locality of the relevant land a notice—

(a) stating that the application has been made;

(b) specifying an address—

(i) at which copies of the application can be inspected free of charge, and

(ii) where copies of the application may be taken

at all reasonable hours within 6 weeks of the date the notice is published;

(c) stating that representations on the likely environmental effects of the project may be made in writing to Natural England at the address specified under sub-paragraph (b) within 6 weeks of the date the notice is published;

[F2 (d) stating that, if consent is granted, it will be subject to the conditions referred to in regulation 18;]

(e) stating, if relevant, which of the F3 ... EEA States, the authorities [F4 designated by the EEA State concerned], and the public concerned in such EEA States will be consulted on the application.

(6) Natural England may make a reasonable charge for copies referred to in paragraph (5)(b)(ii).

Textual Amendments

F1 Reg. 12(1)(1A) substituted for reg. 12(1) (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 9(2) (with reg. 19)

F2 Reg. 12(5)(d) substituted (16.5.2017) by The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017 (S.I. 2017/593), regs. 1(1), 9(3) (with reg. 19)

F3 Word in reg. 12(5)(e) omitted (31.12.2020) by virtue of The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(4)(a); 2020 c. 1, Sch. 5 para. 1(1)

F4 Words in reg. 12(5)(e) substituted (31.12.2020) by The Environment, Food and Rural Affairs (Environmental Impact Assessment) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/25), regs. 1(1), 5(4)(b); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 Reg. 12 in force at 10.10.2006, see reg. 1(2)