The Town and Country Planning (Development Management Procedure, Listed Buildings and Environmental Impact Assessment) (England) (Coronavirus) (Amendment) Regulations 2020

16.  After regulation 23, insert—

“Exception to requirement to ensure availability of copies of environmental statements

23A.— (1) Paragraph (2) applies —

(a) in a case that falls within article 15 of the Order or regulation 20;

(b) in a case to which regulation 23 applies; and

(c) if an applicant for planning permission or subsequent consent, or an appellant, who submits an environmental statement in connection with an application or appeal is not able to make copies of an environmental statement available at a named address because it is not reasonably practicable to do so for reasons connected to the effects of coronavirus, including restrictions on movement.

(2) In a case falling within paragraph (1)(c), the applicant or appellant must—

(a) ensure that the any notices required under article 15 of the Order or regulation 20 state that the environmental statement is available on a website under that provision; and

(b) take reasonable steps to inform any persons who are likely to have an interest in the application or appeal to which the environmental statement relates, that the environmental statement is available on that website.

(3) In paragraph (2)—

(a) the persons who are likely to have an interest in a planning application must include the persons who live or work in, or otherwise have a direct connection with, the area in which the proposed development is located; and

(b) the reasonable steps that are taken—

(i) may include use of social media and communication by electronic means; and

(ii) must be proportionate to the scale and impact of the development.

(4) If the applicant or appellant complies with the requirements set out in paragraph (2) that applicant is treated as having discharged the obligation set out in regulation 23.”.

Commencement Information

I1 Reg. 16 in force at 14.5.2020, see reg. 1