C1F1PART VAENVIRONMENTAL IMPACT ASSESSMENTS
Pt. 5A power to amend or repeal conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 1 (with s. 247)
105CAF2Conclusion about environmental impact of a project for constructing or improving a highway
1
Before deciding whether or not to proceed with a project for which notice of an environmental statement is published in accordance with section 105B, the project authority—
a
must consider the matters specified in subsection (2), and
b
following that consideration, must reach a reasoned conclusion about the significant effects of the proposed construction or improvement on the environment.
2
The specified matters are—
a
the environmental statement,
b
any relevant opinion received by the project authority on the project or the statement,
c
where an EEA State indicates under section 105C that it wishes to participate in the procedure required by this Part of this Act, any relevant EEA opinion received by the project authority on the project or the statement,
d
any features of the project, or measures, envisaged to avoid, prevent or reduce, and if possible, offset any likely significant adverse effects of the project on the environment, and
e
any other information of a description specified in Annex IV which is directly relevant to the conclusion to be reached on the environmental impact of the project.
3
For the purposes of subsection (2)(b), an opinion on a project or an environmental statement is a relevant opinion if—
a
it is expressed in writing by a consultation body or any other person, and
b
it is received by the project authority within the period specified for the purpose by the authority.
4
For the purposes of subsection (2)(c), an opinion on a project or an environmental statement is a relevant EEA opinion if—
a
it 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
b
it is received by the project authority within the period specified for the purpose by the project authority.
5
The period specified for the purposes of subsection (3)(b) or subsection (4)(b) must not be less than 42 days beginning with the day on which the notice of the environmental statement is published in accordance with section 105B(2)(b).
6
The project authority must obtain such expert advice as appears to the authority to be necessary for the purposes of considering the environmental statement.
Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2