The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (revoked)

Accepted application - effect of screening opinion not taking account of all relevant information U.K.

16.—(1) Where—

(a) an Examining authority or the Secretary of State is examining an application for an order granting development consent; and

(b) paragraph (2) applies,

the Examining authority or the Secretary of State must comply with the requirements in paragraph (3).

(2) This paragraph applies if—

(a) the proposed development has been the subject of a screening opinion to the effect that it is not EIA development; and

(b) the Examining authority or the Secretary of State is of the view that the screening opinion did not take into account information that is material to the decision as to whether the proposed development is EIA development.

(3) The requirements mentioned in paragraph (1) are that—

(a) the Examining authority or the Secretary of State must suspend examination of the application until it has adopted a further screening opinion or direction;

(b) if the Examining authority or the Secretary of State considers that there is insufficient information with which to adopt an opinion or direction, the Examining authority or the Secretary of State must request the applicant to provide additional information;

(c) the Examining authority or Secretary of State must adopt an opinion or direction provided there is sufficient information with which to do so.

(4) Where pursuant to paragraph (3), the Examining authority or the Secretary of State adopts a screening opinion or direction to the effect that the proposed development is EIA development the Examining authority or the Secretary of State must—

(a) issue with the opinion or direction a written statement giving clearly and precisely the full reasons for that conclusion and requesting the provision of an environmental statement;

(b) send to the applicant a copy of the opinion or direction and a copy of the written statement mentioned in sub-paragraph (a);

(c) where the Examining authority adopts the opinion, send a copy of the opinion and a copy of the written statement to the Secretary of State; and

(d) suspend examination of the application until the requirements of paragraph (5) are satisfied.

(5) The requirements mentioned in paragraph (4)(d) are that the applicant must—

(a) provide the Examining authority or the Secretary of State with a copy of the environmental statement;

(b) publish a notice (in accordance with paragraph (c)) which sets out the following information—

(i) the name and address of the applicant;

(ii) that the applicant has made an application to the Commission for an order granting development consent for EIA development;

(iii) that the Commission has accepted the application and the reference number of the application;

(iv) that examination by the Examining authority or the Secretary of State has been suspended until an environmental statement has been provided and publicised;

(v) a summary of the main proposals, specifying the location or route of the proposed development;

(vi) that the environmental statement are available for inspection free of charge at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice;

(vii) the latest date on which those documents will be available for inspection (being a date not earlier that the date referred to in sub-paragraph (b)(x);

(viii) whether a charge will be made for copies of any of those documents and the amount of any charge;

(ix) details of how to respond to the publicity;

(x) a deadline for receipt of responses being not less than 28 days following the date on which the notice is last published;

(c) publish the notice—

(i) for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the development is situated;

(ii) once in a national newspaper;

(iii) once in the London Gazette and if land in Scotland is affected, the Edinburgh Gazette; and

(iv) in the case of offshore development, once in Lloyds List and once in an appropriate fishing trade journal;

(d) display the notice at, or as close as reasonably practicable to, the site of the proposed development at a place accessible to the public;

(e) where the proposed development consists of, or includes, a linear scheme exceeding five kilometres in length, display the notice at intervals of not more than five kilometres along the whole proposed route of the works, except where this is impracticable due to the land being covered in water;

(f) serve on any person of whom the applicant has been notified under regulation 9(1)(c) a notice containing the information specified in sub-paragraph (b), except that the date specified as the latest date on which the documents will be available for inspection must not be less than 28 days later than the date on which the notice is first served;

(g) send to the consultation bodies a copy of the environmental statement and a notice setting out the information specified in sub-paragraph (b)(i) to (v);

(h) inform those bodies—

(i) how and to whom they may make representations;

(ii) of the deadline for making representations which must be not less than 28 days later than the last date on which the additional information was sent in accordance with sub-paragraph (g);

(i) certify to the Examining authority or the Secretary of State in the form set out in certificate 2 in Schedule 5 that the applicant has complied with the requirements of sub-paragraphs (b) to (h).

(6) Regulation 9 (procedure to facilitate preparation of environmental statements) applies to an application for an order granting development consent for EIA development that has been suspended under paragraph (4), subject to the following modifications—

(a) in paragraphs (1), (3) and (5) of regulation 9, for “the Commission”, in each place, substitute “ the Examining authority, the Secretary of State ”;

(b) in regulation 9(2)—

(i) sub-paragraph (a) shall not apply;

(ii) in sub-paragraph (b) for “the Commission” substitute “ the Examining authority ”.

(7) If any person issues a certificate under paragraph (5)(i) which purports to certify compliance with the requirements of paragraph (5)(b) to (h), and which contains a statement which that person knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to do so and which contains a statement which is false or misleading in a material particular, that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.