The Town and Country Planning (Environmental Assessment and Permitted Development) Regulations 1995

Proposed development in which a relevant planning authority has an interest

5.—(1) For the purposes of this regulation, “developer” means—

(a) a relevant planning authority who are minded to undertake development (whether alone or with another or others) which appears to them to be relevant development; or

(b) a person who is minded to undertake development with a relevant planning authority (whether or not with any other person) which appears to him to be relevant development.

(2) A developer may apply in writing to the Secretary of State for an opinion as to whether the development is within a description mentioned in Schedule 1 or Schedule 2, and, if so, within which description, and if within a description mentioned in Schedule 2, whether it would be likely to have significant effects on the environment by virtue of factors such as its nature, size or location.

(3) An application under paragraph (2) shall be accompanied by—

(a) a plan sufficient to identify the land;

(b) a brief description of the nature and purpose of the relevant development and of its possible effects on the environment;

(c) such other information or representations as the developer may wish to provide or make.

(4) If the Secretary of State considers that the information provided in accordance with paragraph (3) is insufficient to enable him to give an opinion, he shall notify the developer and, where that person is not the relevant planning authority, that authority, of the matters in respect of which he requires further information; and the information so requested shall be provided by the developer within such reasonable period as may be specified in the notice or such longer period as may be agreed in writing between the developer and the Secretary of State.

(5) The Secretary of State shall give to the developer written notice of his opinion within the period of 3 weeks beginning with the date of receipt of the application or such longer period as he may reasonably require; and if it is his opinion that the relevant development is—

(a) within a description mentioned in Schedule 1, or

(b) within a description mentioned in Schedule 2 and likely to have significant effects on the environment,

he shall provide with the opinion a written statement of his reasons for being of that opinion.

(6) Where the developer is not the relevant planning authority, the Secretary of State shall send to that authority a copy of the opinion and of the statement of reasons (if any) given in accordance with paragraph (5).