The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (revoked)

ROMP application by a mineral planning authority E+W

51.—(1) Where a mineral planning authority proposes to make or makes a ROMP application to the Secretary of State under regulation 11 (other consents) of the General Regulations which is a Schedule 1 or a Schedule 2 application (or proposed application), these Regulations shall apply to that application or proposed application as they apply to a ROMP application referred to the Secretary of State under paragraph 7(1) of Schedule 2 to the 1991 Act, paragraph 13(1) of Schedule 13 to the 1995 Act or paragraph 8(1) of Schedule 14 to the 1995 Act (reference of applications to the Secretary of State) subject to the following modifications—

(a) subject to paragraph (2) below, regulations 5 to 10, 12, 13, 14, 16 (save for the purposes of regulations 19(3) and (4)), 18 and 24(1) shall not apply;

(b) in regulation 4 (general provisions relating to screening), paragraphs (4)(b) and (10) shall not apply;

(c) in regulation 11(2) (application referred to the Secretary of State without an environmental statement), omit the words “and shall send a copy of that notification to the relevant planning authority”;

(d) in regulation 15 (procedure to facilitate preparation of environmental statements)—

(i) in sub-paragraph (3)(b) for the words “10(4)(a), or 11(5) or 12(6)” substitute “ 11(5) ”;

(ii) in paragraph (4) omit the words “the relevant planning authority and” and “authority or”;

(e) in regulation 17(2) (publicity where an environmental statement is submitted after the planning application)—

(i) in sub-paragraph (a) omit the words “and the name and address of the relevant planning authority”;

(ii) for sub-paragraph (b) substitute—

“(b) the date on which the application was made and that it has been made to the Secretary of State under regulation 11 of the General Regulations;”;

(f) in regulation 19 (procedure where an environmental statement is submitted to the Secretary of State), in paragraph (2) omit the words “who shall send 1 copy to the relevant planning authority”;

(g) in regulation 22(3) (further information and evidence respecting environmental statements)—

(i) in sub-paragraph (a) omit the words “and the name and address of the relevant planning authority”;

(ii) for sub-paragraph (b) substitute—

“(b) the date on which the application was made and that it has been made to the Secretary of State under regulation 11 of the General Regulations;”;

(h) regulations 23 (availability of opinions, directions etc for inspection) and 24(2) (duties to inform the public and the Secretary of State of final decisions) shall apply as if the references to a “relevant planning authority” were references to a mineral planning authority.

(2) A mineral planning authority which is minded to make a ROMP application to the Secretary of State under regulation 11 of the General Regulations may request the Secretary of State in writing to make a screening direction, and paragraphs (3) and (4) of regulation 6 shall apply to such a request as they apply to a request made pursuant to regulation 5(7) except that in paragraph (3) the words “, and may request the relevant planning authority to provide such information as they can on any of those points” shall be omitted.

(3) A request 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 ROMP development and of its possible effects on the environment; and

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

(4) An authority making a request under paragraph (2) shall send to the Secretary of State any additional information he may request in writing to enable him to make a direction.