The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017

Further environmental information: publicity and provision to consultation bodies, etc.

26.—(1) Where the developer provides any further environmental information to the relevant authority, the developer must publish a notice in accordance with paragraphs (2) and (3).

(2) The notice must be published—

(a) in the London Gazette or, if the development will be carried out in relevant waters that are to be treated as adjacent to Northern Ireland for the purposes referred to in article 3(1) of the Adjacent Waters Boundaries (Northern Ireland) Order 2002, in the Belfast Gazette; and

(b) in 2 successive weeks in a local newspaper or newspapers circulating in the locality in which the development will be carried out or, if the development will be carried out in relevant waters—

(i) in 2 successive weeks in a local newspaper or newspapers likely to come to the attention of persons likely to be affected by the development;

(ii) in a national newspaper or newspapers;

(iii) in Lloyd’s List; and

(iv) in an appropriate fishing trade journal that is published at intervals not exceeding 1 month (if such a journal is in circulation).

(3) The notice must—

(a) describe the application;

(b) state that the developer has provided the further environmental information in connection with the environmental impact assessment that must be undertaken in respect of the development;

(c) state that the a copy of the further environmental information may be accessed at the application website free of charge and give the address of the application website;

(d) state that a copy of the further environmental information may be inspected free of charge and give an address at which and the times at which it may be inspected (and the address must be in the locality in which the development will be carried out or, if the development will be carried out in relevant waters, an address in England or Wales that is reasonably accessible to persons likely to be affected by the development);

(e) state how a copy of the further environmental information may be obtained and the amount of any payment required;

(f) state that representations about the further environmental information may be made to the relevant authority and give the address to which and the date by which they must be sent (which must not be earlier than 30 days after the date on which the last notice is published).

(4) The developer must send a copy of each notice published under paragraph (2) to the relevant authority together with evidence of the date and place of publication.

(5) As soon as reasonably practicable after receiving a copy of the notice, the relevant authority must send a copy to—

(a) every local planning authority for the area in which the development will be carried out; or

(b) if the development will be carried out in relevant waters, any local planning authority that the relevant authority thinks appropriate.

(6) The developer must make a copy of the further environmental information available for inspection free of charge at the address and times referred to in paragraph (3)(d).

(7) The developer must—

(a) send a copy of the further environmental information to every consultation body and other public authority to which the developer is required to send a copy of the EIA report under regulation 23(2); and

(b) give notice in writing to every such consultation body or public authority that an environmental impact assessment will be undertaken in respect of the development and that the consultation body or public authority may make representations to the relevant authority about the further environmental information before—

(i) the date stated in the notice published under paragraph (2) as the date by which representations about the further environmental information may be made; or

(ii) if later, 30 days after the date on which the consultation body or public authority receives a copy of the further environmental information.

(8) After complying with paragraph (7), the developer must inform the relevant authority in writing of the date on which the last consultation body or public authority to receive a copy of the further environmental information and the notice referred to in paragraph (7)(b) does so.

(9) In this regulation, “further environmental information” means any information or evidence that the developer—

(a) is required to provide to the relevant authority under regulation 25(1); or

(b) otherwise provides to the relevant authority to supplement the information in the EIA report.