The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2016

Procedure where an environmental statement is submitted to a local planning authority

16.—(1) An applicant who makes an EIA application to the relevant planning authority must also submit a statement, intended to be an environmental statement and must provide the authority with one additional copy of the statement for transmission to the Welsh Ministers.

(2) If at the same time as it makes an EIA application the applicant serves a copy of the statement on any other body, the applicant must—

(a) serve with it a copy of the application and any plan submitted with the application (unless these have already been provided to the body in question);

(b) inform the body that representations may be made to the relevant planning authority; and

(c) inform the authority of the name of every body so served and of the date of service.

(3) When a relevant planning authority receive an environmental statement, the authority must—

(a) send to the Welsh Ministers, within 14 days of receipt of the statement, one copy of the statement, a copy of the relevant application and of any documents submitted with the application;

(b) inform the applicant of the number of copies required to enable the authority to comply with sub-paragraph (c);

(c) forward to any consultee which has not received a copy direct from the applicant, a copy of the statement and inform any such consultee that they may make representations;

(d) where the relevant planning authority are aware of any particular person who is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of electronic publication, a site notice or by local advertisement, send a notice to such person containing the details set out in regulation 17(2)(b) to (j) and the name and address of the relevant planning authority.

(4) The applicant must send the copies required for the purposes of paragraph (3)(c) to the relevant planning authority.

(5) Where an applicant submits an environmental statement to the authority in accordance with paragraph (1), the provisions of article 12 of and Schedule 3 to the 2012 Order (publicity for applications for planning permission) apply to a subsequent application as they apply to a planning application falling within article 12(2) of the 2012 Order as if the reference in the notice in Schedule 3 to the 2012 Order to “planning permission to” read “consent, agreement or approval to”.

(6) The relevant planning authority must not determine the application until the expiry of 21 days from the last date on which a copy of the statement was served in accordance with this regulation.