The Highways (Environmental Impact Assessment) Regulations 2007

Procedure

3.—(1) Section 105B of the 1980 Act (1) (procedure) is amended as follows.

(2) Omit subsection (2).

(3) In subsection (3) for “An” substitute “Notice of the”.

(4) After subsection (3) insert—

“(3A) The notice must state—

(a) that the Secretary of State, as the relevant highway authority, is considering implementing the project;

(b) the proposed location and nature of the project;

(c) that the project is subject to the environmental impact assessment procedure required by this Part of this Act and, where relevant, that section 105C applies;

(d) that a copy of the environmental statement may be inspected at an address in the area in which the project is proposed to be situated during the period specified under paragraph (i);

(e) the times at which the copy of the environmental statement may be so inspected;

(f) an address from which copies of the environmental statement may be obtained and from which further information about the project may be requested during the period specified under paragraph (i);

(g) if a charge is to be made for a copy of the environmental statement, the amount of the charge;

(h) if the Secretary of State uses a website for the publication of information about projects that are subject to the procedure required by this Part of this Act, that a copy of the environmental statement may be inspected on the website during the period specified under paragraph (i);

(i) that any person wishing to make any representations about the project and the environmental statement may do so in writing to the Secretary of State at a specified address within a specified period, being not less than 6 weeks from the date of publication of the notice and

(j) that the Secretary of State will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.

(3B) The Secretary of State shall ensure that during the period specified under subsection (3A) (i)—

(a) copies of the environmental statement are available for inspection by any person free of charge at all reasonable hours at the address specified under subsection (3A) (d);

(b) copies of the environmental statement are available to be obtained by any person from the address specified under subsection (3A) (f); and

(c) where under subsection (3A) (h) the notice states the address of a website, that a copy of the environmental statement is available for inspection by any person on that website.

(3C) A reasonable charge reflecting the costs of printing, copying and distribution may be made by the Secretary of State for the supply of a copy of the environmental statement—

(a) to a person other than a consultation body, or

(b) to a consultation body to which one copy has already been supplied free of charge. ”.

(5) In subsection (4) omit “published details of the”.

(6) In subsection (5) omit “and” at the end of paragraph (a) and for paragraph (b) substitute—

“(b) any opinion on that statement or the project which is expressed in writing by—

(i) any of the consultation bodies; or

(ii) any other person;

and is received by the Secretary of State within any period specified for the purpose by him; and

(c) where section 105C applies, and the EEA State has indicated in accordance with subsection (4) of that section that it wishes to participate in the procedure required by this Part of this Act, any opinion on that statement or the project which is expressed in writing by—

(i) the EEA State;

(ii) a member of the public in the EEA State; or

(iii) an authority having environmental responsibilities designated by the EEA State to be consulted about the project under Article 6 (1) of the Directive;

and is received by the Secretary of State within any period specified for the purpose by him.”.

(7) After subsection (5) insert—

“(5A) Where in order to proceed with the construction or improvement in relation to which an environmental statement has been made it is necessary for the Secretary of State to make—

(a) an order or scheme to which Schedule 1 to this Act applies; or

(b) a compulsory purchase order in the exercise of highway land acquisition powers;

the Secretary of State shall, so far as it is practicable to do so, take the steps required of him by this Part of this Act concurrently with the corresponding steps required of him by Schedule 1 to this Act or, as the case may be, the Acquisition of Land Act 1981(2) in connection with the making of the related instruments.”.

(8) In subsection (6)—

(a) after “subsection (5)” insert “, and describing the right under section 105D (1) to challenge the validity of the decision,”;

(b) at the end of paragraph (b) omit “and”;

(c) at the end of paragraph (c), insert “and”; and

(d) after paragraph (c) insert—

“(d) information about the consultation carried out in compliance with this section and section 105C, the representations received on consultation, and any changes made as a result of those representations.”.

(9) In subsection (7) for the words from “shall be” to the end substitute—

“shall be—

(a) in the London Gazette;

(b) in at least one local newspaper circulating in the area in which the project for the construction or improvement of the highway is proposed to be situated; and

(c) if the Secretary of State uses a website for the publication of information about projects that are subject to the procedure required by this Part of this Act, on that website.”.

(10) For subsection (8) substitute—

“(8) In this section “the consultation bodies” means—

(a) any principal council as defined in subsection (1) of section 270 of the Local Government Act 1972(3) for the area where the land is situated;

(b) where the land is situated in England—

(i) English Heritage and Natural England; and

(ii) the Countryside Council for Wales and the National Assembly for Wales where, in the opinion of the Secretary of State, the land is sufficiently near to Wales to be of interest to them;

(c) where the land is situated in Wales—

(i) the Countryside Council for Wales; and

(ii) any organisation referred to in paragraph (b) (i) where, in the opinion of the National Assembly for Wales, the land is sufficiently near to England to be of interest to the organisation;

(d) the Environment Agency; and

(e) any other public authority which has environmental responsibilities and which the Secretary of State or the National Assembly for Wales considers to be likely to have an interest in the project.”.

(1)

Section 105B was inserted by regulation 2 of the Highways (Assessment of Environmental Effects) Regulations 1999 (S.I. 1999/369). Subsection (8) (b) was amended by the Natural Environment and Rural Communities Act 2006 (c.16), Schedule 11, Part 1 paragraph 63.

(2)

1981 c.67. This Act was amended by the Planning and Compulsory Purchase Act 2004 (c.5).

(3)

1972 c.70.