The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015

72.—(1) The Order(1) is amended in accordance with paragraphs (2) to (9).

(2) In article 2—

(a) for the definition of “the 2011 Regulations” substitute—

“the 2017 Regulations” means the Town and Country Planning (Environmental Impact Assessment) Regulations 2017;”; and

(b) in the definition of “EIA application”, for “2011” substitute “2017”.

(3) In article 15—

(a) after paragraph (1) insert—

“(1A) In the case of any EIA application accompanied by an environmental statement, the application must be publicised in accordance with the requirements of paragraph (7) and by giving requisite notice—

(a) by site display in at least one place on or near the land to which the application relates for not less than 30 days; and

(b) by publication of the notice in a newspaper circulating in the locality in which the land to which the application relates is situated.”;

(b) omit paragraph (2)(a);

(c) in paragraph (4), for “not a paragraph (2) application” substitute “neither an application to which paragraph (1A) applies nor a paragraph (2) application”;

(d) in paragraph (5), for “neither paragraph (2) nor paragraph (4)” substitute “, paragraph (1A), (2) or (4)”;

(e) in paragraph (6), after “or (5)(a)” insert “, or before the period of 30 days referred to in paragraph (3A)(a),”; and

(f) in paragraph (7)—

(i) after sub-paragraph (b), insert—

“(ba) in the case of EIA application accompanied by an environmental statement, that statement;” and

(ii) in sub-paragraph (c), after “14 days” insert “, or in the case of an EIA application accompanied by an environmental statement 30 days,”.

(4) In article 31(2), for “2011” substitute “2017”.

(5) In article 33(1)—

(a) in sub-paragraph (a), after “21 days” insert “, or in the case of an EIA application accompanied by an environmental statement 30 days,”; and

(b) in sub-paragraph (c), after “14 days” insert “, or in the case of an EIA application accompanied by an environmental statement 30 days,”.

(6) In article 34(9)—

(a) in sub-paragraph (a), after “21 days” insert “, or in the case of an EIA application accompanied by an environmental statement 30 days,”; and

(b) in sub-paragraph (c), after “14 days” insert “, or in the case of an EIA application accompanied by an environmental statement 30 days,”.

(7) Omit article 35(4).

(8) In article 38(12) for “2011” substitute “2017”.

(9) In the second notice set out in Schedule 3, in the bottom box beginning with the word “Insert”, in paragraph (f)—

(a) for “21” substitute “30”; and

(b) omit “a period of 14 days, beginning with the date”.

(1)

S.I. 2015/595.