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The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988

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Procedure where the Secretary of State receives an environmental statement

15.—(1) This regulation applies where an applicant submits to the Secretary of State an environmental statement relating to a Schedule 1 or Schedule 2 application which is before the Secretary of State for determination or is the subject of an appeal to him.

(2) The applicant shall submit two copies of the statement to the Secretary of State who shall transmit one copy to the local planning authority.

(3) The local planning authority shall take steps to secure that the copy so transmitted is placed on the register.

(4) If at the same time as he submits a statement to the Secretary of State the applicant serves a copy of it or a part of it on any other body, the applicant shall comply with regulation 14(1)(a) and (b) and inform the Secretary of State of the matters mentioned in regulation 14(1)(c).

(5) The Secretary of State shall comply with regulation 14(2)(c) to (e) and the applicant with regulation 14(3) as if—

(a)references in any of those provisions and regulation 8(6) to the local planning authority were references to the Secretary of State; and

(b)regulation 8(5)(a) referred to such bodies as the Secretary of State considers would be required to be consulted by or under article 15 of the General Development Order if the matter were before the local planning authority;

and the Secretary of State or the inspector shall comply with regulation 14(4) as if it referred to him instead of to the local planning authority.

(6) Where an application is deemed to be referred to the Secretary of State under regulation 7 (applications by local planning authorities) of the General Regulations, paragraph (2) above shall only require the submission of a single copy of the environmental statement.

(7) In this regulation, references to the applicant include references to an appellant.

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