PART VIISPECIAL CASES

Unauthorised development with significant transboundary effects26

1

Regulation 27 shall apply to unauthorised EIA development as if—

a

for regulation 27(1)(a) there were substituted—

a

on consideration of an appeal under section 174 the Secretary of State is of the opinion that the matters which are alleged to constitute the breach of planning control comprise or include EIA development and that the development has or is likely to have significant effects on the environment in another Member State; or

b

in regulation 27(3)(a) the words “a copy of the application concerned” were replaced by the words “a description of the development concerned”;

c

in regulation 27(3)(b) the words “to which that application relates” were omitted; and

d

in regulation 27(6) the word “application” was replaced by the word “appeal”.