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The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988
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- UK Statutory Instruments
- 1988 No. 1199
- Regulation 10
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Application referred to the Secretary of State without an environmental statement
10.—(1) Where it appears to the Secretary of State that an application for planning permission which has been referred to him for determination is a Schedule 1 or a Schedule 2 application, and it is not accompanied by an environmental statement, he shall within 3 weeks beginning with the date he received the application, or such longer period as he may reasonably require, notify the applicant in writing that the submission of an environmental statement is required, giving his full reasons for his view clearly and precisely.
(2) An applicant receiving a notification pursuant to paragraph (1) may within 3 weeks beginning with the date of the notification write to the Secretary of State to inform him that he proposes to provide an environmental statement.
(3) If the applicant does not write in accordance with paragraph (2), the Secretary of State shall be under no duty to deal with the application: and at the end of the 3 week period he shall inform the applicant in writing that no further action is being taken on the application.
(4) Where the Secretary of State has given a notification in accordance with paragraph (1), he shall determine the relevant application only by refusing planning permission if the applicant does not submit an environmental statement and comply with regulation 13(5).
(5) The Secretary of State shall send a copy of any notification under paragraph (1) to the local planning authority.
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