The Electricity Works (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2007 (revoked)

Amendments to regulation 10 of the 2000 Regulations U.K.

8.—(1) For the heading to regulation 10 of the 2000 Regulations (publicity of opinions, determinations and decisions) substitute—

“Publicity of determinations and provision of information to the Local Planning Authority”.

(2) In regulation 10 of the 2000 Regulations—

(a) in paragraph (2) omit “(together with a copy of any environmental statement served on the local planning authority pursuant to regulation 11)”;

(b) after paragraph (2) insert—

“(2A) If a local planning authority receives a copy of—

(a) an environmental statement pursuant to regulation 11(3A);

(b) further information pursuant to regulation 14(3);

(c) additional information pursuant to regulation 14A(1)(a); or

(d) a notice pursuant to regulations 14(3) or 14A(5),

the local planning authority shall take steps to ensure that it is placed on Part I of the register.”;

(c) for paragraph (3) substitute—

“(3) Where an application for a section 36 consent or a section 37 consent which relates to EIA development is determined by the Secretary of State, the Secretary of State shall send to—

(a) the local planning authority or authorities to which a copy of the environmental statement pertaining to the application was provided under regulation 11(3A); and

(b) the applicant,

a statement containing the information specified in paragraph (3A), and the local planning authority or authorities referred to in sub-paragraph (a) shall make that statement available for public inspection at all reasonable hours at the place where the register is kept.

(3A) A statement to which paragraph (3) applies shall contain the following information—

(a) the content of the Secretary of State's determination and any conditions attached to any consent granted;

(b) a summary of the main concerns and opinions expressed by the persons affected, or likely to be affected by, or having an interest in the application;

(c) in the light of the concerns and opinions referred to in sub-paragraph (b), the main reasons and considerations on which the Secretary of State's determination is based;

(d) a description where necessary of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development; and

(e) the availability of judicial review procedures, including details of where further information in relation to such procedures can be obtained.”;

(d) in paragraph (4) for “information contained in the press or other notice issued pursuant to” substitute “ statement provided in accordance with ”; and

(e) after paragraph (4) insert—

“(5) Where an applicant receives a statement in accordance with paragraph (3) the applicant shall, as soon as is reasonably practicable, publish a notice in accordance with paragraph (6) specifying that—

(a) the application has been determined;

(b) section 36 or section 37 consent has either been granted or refused; and

(c) the statement containing the information referred to in paragraph (3A) is available for public inspection at the local planning authority or authorities to which a copy of the environmental statement pertaining to the application was provided under regulation 11(3A).

(6) A notice to which paragraph (5) applies shall be published in two successive weeks in—

(a) the London Gazette; and

(b) one or more newspapers circulating in the locality in which the land to which the application relates is situated (or, in relation to a proposed development in, on, over or under the sea, in such newspapers as are likely to come to the attention of those likely to be affected by the proposed development).”.