The Environmental Impact Assessment (Uncultivated Land and Semi-natural Areas) (England) Regulations 2001

Regulation 14

SCHEDULE 3 U.K. REVIEW OF DECISIONS AND CONSENTS

1.  The Secretary of State shall as soon as reasonably practicable make an appropriate assessment of the implications for the European site of the project permitted by the decision or consent in view of that site’s conservation objectives for the purpose of determining whether the project will adversely affect the integrity of the site. U.K.

2.  For the purposes of the assessment the Secretary of State— U.K.

(a) may require any person interested in the relevant land to supply her with such information as she may reasonably think necessary;

(b) shall consult English Nature and have regard to any representations made by them within such reasonable time as she may specify; and

(c) may, if she considers it appropriate, consult members of the public.

3.  Unless, following the assessment, the Secretary of State is satisfied that the project permitted by the decision or consent will not adversely affect the integrity of the European site, and paragraph (7) of regulation 13 does not apply, she shall, in the case of a decision, revoke that decision and, in the case of a consent, either revoke that consent or make such modifications to the consent as shall appear to her to be necessary to ensure that the project will not adversely affect the integrity of the European site and she shall notify her decision to all persons who appear to her to have an interest in the relevant land. U.K.

4.  Subject to paragraph 5 below, a revocation or modification of a decision or a consent in pursuance of which works have been commenced or completed shall not affect so much of those works as have already been carried out. U.K.

5.  If, where a project which is subject to a decision made under paragraph 3 above has commenced, it appears to the Secretary of State to be necessary to safeguard the integrity of the European site, she may by notice require the person responsible for carrying out such works or any person interested in the relevant land to carry out such works of reinstatement as may be reasonable in the circumstances and any person who carries out works in compliance with such a requirement shall be entitled, on making a claim in accordance with paragraph 8 below, to recover from the Secretary of State compensation in respect of any expenses reasonably incurred by him in that behalf. U.K.

6.  Regulation 15 shall apply to a decision made in accordance with paragraph 3 above and to a notice served in accordance with paragraph 5 above. U.K.

7.  If, following a decision under paragraph 3 above, a person has incurred expenditure in carrying out work which is rendered abortive by the revocation or modification or has otherwise sustained loss or damage which is directly attributable to the revocation or modification, he shall be entitled to be paid compensation on submitting a claim in accordance with paragraph 8 below. U.K.

8.  A claim for compensation payable under paragraph 5 or 7 above shall be submitted to the Secretary of State within six weeks of notification of the decision in respect of which compensation is payable and shall be accompanied by such evidence as the Secretary of State may reasonably require. U.K.

9.  Any dispute as to the amount of compensation payable under paragraphs 5 or 7 above may be referred to the Lands Tribunal(1) within six years of the date of notification of the decision in respect of which compensation is payable. U.K.

10.  Nothing in this regulation shall affect anything done in pursuance of a decision or consent before the date the site became a European site. U.K.

(1)

See section 1 of the Lands Tribunal Act 1949 (c. 42).