PART 9Miscellaneous

Availability of information in relation to determinations, opinions, decisions, etc.36.

The Department shall make available for public inspection at all reasonable hours at the place where—

(1)

a register pursuant to Article 18 of the General Development Order is kept, a copy of—

(a)

any determination or opinion given pursuant to regulation 7(1), 10(1) or 12(1), notification under regulation 13(1), or determination confirmed or amended under regulation 37(2) together with the accompanying statement of reasons, the relevant request and the documents which accompanied it;

(b)

any environmental statement and further information and any other information received under these Regulations; and

(c)

where environmental information has been taken into consideration in determining an application for planning permission or subsequent application or appeal, a statement containing —

(i)

the content of the decision and any conditions attached to it;

(ii)

the main reasons and considerations on which the decision is based including, if relevant, information about the participation of the public;

(iii)

a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development; and

(iv)

information regarding the right to challenge the validity of the decision and the procedures for doing so.

(2)

a register pursuant to Article 20 of the General Development Order is kept, a copy of—

(a)

every regulation 26 notice served by the Department;

(b)

every determination made by the Department in accordance with regulation 26(2) or notice confirmed or amended under regulation 37(2) in respect of a deemed application under Part 7;

(c)

every environmental statement or additional information received by the Department by virtue of regulation 29(1); and

(d)

every notice received by the Department under regulation 30(4).

(3)

a register kept pursuant to Article 22 of the General Development Order is kept, a copy of any direction given by the Department pursuant to regulation 3(1)(a) and (b), and any information obtained under regulation 3(2).

(4)

Where the registers kept under this regulation are kept using electronic storage, the Department may make the registers available for inspection by the public on a website maintained by the Department for that purpose.

Hearing by the Commission in relation to the Department’s determination37.

(1)

Where a person seeks a hearing before the Commission under regulations 7(13), 13(3) or 26(5) it shall afford that person the opportunity of appearing before and being heard by the Commission.

(2)

Where a hearing is held, the Department shall consider the report of the Commission and may confirm, amend or withdraw its determination.

Use of electronic communications38.

(1)

Paragraph (2) applies where a person uses electronic communications to make an application under regulation 7 (pre–application determination as to the need for environmental impact assessment and opinion as to content of environmental statement), and except where a contrary intention appears, the applicant shall be taken to have agreed—

(a)

to the use of electronic communications for all purposes relating to the application which is capable of being effected using such communications;

(b)

that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, the application;

(c)

that the person’s deemed agreement under this paragraph shall subsist until the person gives notice in writing that the person wishes to revoke the agreement and such withdrawal or revocation shall be final and shall take effect on a date specified by the person in the notice but not less than seven days after the date on which the notice is given.

(2)

In paragraphs (3)(a) and 4(a) of regulation 7 the requirement for the application to be accompanied by a plan sufficient to identify the land to which the application relates is satisfied where the applicant identifies the land on an electronic map provided by the Department and for this purpose a map is taken to be provided where the Department has published it on its website.

Application to the Crown39.

These Regulations shall apply to the Crown.

Revocation, transitional and savings provisions40.

(1)

The regulations listed in Schedule 5 are revoked to the extent shown in that Schedule.

(2)

Subject to paragraph (3), nothing in paragraph (1) shall affect the continued application of the Regulations revoked by paragraph (1) in relation to—

(a)

any application received by the Department before the commencement of these Regulations;

(b)

any appeal in relation to an application under paragraph (a);

(c)

any matter in relation to which the Department has before that date issued an enforcement notice under Article 68

(3)

Regulation 19 shall apply to further and any other information provided to the Commission on or after the commencement of the Regulations for the purposes of a public local inquiry or hearing held under Article 31 in respect of an EIA application received by the Department prior to the commencement of the Regulations as regulation 19 applies to further and any other information provided to the Department for those purposes in respect of an EIA application received by the Department on or after the commencement of the Regulations.

Consequential amendments41.

The regulations in Schedule 6 are amended to the extent shown in that Schedule.