The Land Drainage Improvement Works (Assessment of Environmental Effects) (Amendment) Regulations 1995

Consent to improvement works

7.  In regulation 8—

(a) in each of paragraphs (1) and (3) the words “and comments” shall be deleted;

(b) after paragraph (2) there shall be inserted the following paragraph—

“(2A) Where, pursuant to paragraph (2) above, a drainage body decides to proceed with the works, they shall inform in writing those persons or bodies who made representations in accordance with regulation 5(a), of their decision, of the reasons and considerations upon which it was based, and that in making it they have considered the matters specified in paragraph (1) above.”;

(c) after paragraph (4) there shall be inserted the following paragraph—

“(4A) Where, in accordance with paragraph (4) above, the appropriate Minister requests further information from a drainage body, the drainage body shall, before providing that information—

(a) by notice in at least two local newspapers announce that the information is available, including details of the time and place where copies of it may be inspected by members of the public at all reasonable times and stating that any person or body who wishes to make representations in relation to that information should make them in writing to the drainage body at the address specified in the notice within 28 days of the date of the publication of the notice;

(b) at the same time as the notice is published, supply copies of it to the consultation bodies; and

(c) provide copies of the further information on request to members of the public.”;

(d) in paragraph (5)—

(i) for sub-paragraph (a) there shall be substituted the following sub-paragraph—

“(a) considering any proposal, statement and representations referred to him under paragraph (3) above, any information provided pursuant to paragraph (4) above and any representations made pursuant to paragraph (4A) above and;”;

(ii) for the words “and shall inform the drainage body and those persons or bodies who made representations of his decision and the reasons and considerations upon which it was based” there shall be substituted the words “and shall inform in writing the drainage body and those persons or bodies who made representations in accordance with regulation 5(a), of his decision, the reasons and considerations upon which it was based, and that in making it he has considered the matters specified in sub-paragraph (a) above”.