The Electricity and Pipe-line Works (Assessment of Environmental Effects) Regulations 1990

Opinion of Secretary of State in advance of application

4.—(1) A person who is minded to apply—

(a) for a section 36 consent falling within sub-paragraph (a) of regulation 3(2);

(b) for a section 37 consent; or

(c) for a pipe-line authorisation,

may make a written request to the Secretary of State for a determination whether, in relation to the application, he is of the opinion referred to in regulation 3(2) and would wish to take an environmental statement into account.

(2) A request made pursuant to paragraph (1) shall be accompanied by—

(a) a plan sufficient to identify the land the subject of the proposed application;

(b) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment;

(c) such further information or representations as the person making the request may wish to provide or make.

(3) The Secretary of State, on receiving a request under paragraph (1) shall, if he considers that he has not been provided with sufficient information to make a determination, notify the person making the request of the particular points on which he requires further information.

(4) When the Secretary of State considers that he has sufficient information he shall consult the local planning authority within whose area the land the subject of the proposed application is situated, unless the person making the request under paragraph (1) has already conveyed that authority’s written views to the Secretary of State.

(5) A local planning authority shall give its views to the Secretary of State within three weeks of the date on which it was consulted under paragraph (4).

(6) The Secretary of State shall respond to a request under paragraph (1) within three weeks of whichever is the latest of—

(a) the date of receipt of the request by the Secretary of State;

(b) the date of receipt by him of further information pursuant to a notice under paragraph (3);

(c) the date of receipt by him of the views of the local planning authority under paragraph (4),

or within such longer period as may be agreed in writing with the person making the request.

(7) Where the Secretary of State determines that an environmental statement is required, he shall provide with the determination a written statement giving full reasons for his conclusion.