The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

Duties to inform the consultees, public and the Secretary of State of final decisions

23.—(1) Paragraph (2) applies where—

(a) the Commission determines an application for an order granting development consent that is EIA development; or

(b) the relevant authority determines a subsequent application to which regulation 18 applies.

(2) Where this paragraph applies, the Commission or, as the case may be, the relevant authority must—

(a) in writing, inform the Secretary of State and the consultation bodies of the decision;

(b) where the decision has been made by a relevant authority which is not the Commission, in writing inform the Commission of the decision;

(c) inform the public of the decision by publication of a notice of the decision in the manner prescribed in paragraph (3) and by—

(i) where the decision has been made by the Panel or the Council, publication of a notice of the decision on the website of the Commission;

(ii) where the decision has been made by a relevant authority which is not the Commission and where that authority maintains a website for the purpose of advertisement of applications, publication of a notice of the decision on the website of that authority;

(d) make available for public inspection at the place where the register is kept a statement containing—

(i) the content of the decision and, in the case of an order granting development consent, any requirements imposed in connection with the development for which consent is granted;

(ii) the main reasons and considerations on which the decision is based including relevant information about the participation of the public;

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

(iv) information regarding the right to challenge the validity of the decision and the procedures for doing so.

(3) Notice of the decision must be published—

(a) for at least two successive weeks in one or more local newspapers circulating in the vicinity in which the proposed development would be situated;

(b) once in a national newspaper;

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

(d) in the case of offshore development, once in Lloyd’s List; and once in an appropriate fishing trade journal.

(4) Where the Secretary of State determines an application for an order granting development consent, the Secretary of State must—

(a) notify the Commission of the decision; and

(b) provide the Commission with such a statement as is mentioned in paragraph (2)(d).

(5) The Commission must, as soon as reasonably practicable after receipt of a notification under paragraph (4)(a), comply with sub-paragraphs (c) and (d) of paragraph (2) in relation to the decision so notified as if it were a decision of the Commission.