Application to court by person aggrievedU.K.

16.—(1) On the application of any person aggrieved by the grant of consent in respect of a relevant project in relation to which an environmental statement was required to be submitted by virtue of [F1regulation 5(1)] above (grant of consent by Secretary of State in respect of relevant projects), the court may grant an order quashing the grant of consent where it is satisfied that the consent was granted in contravention of [F2regulation 5(4)(b)] above (consideration of environmental statement etc.) or that the interests of the applicant have been substantially prejudiced by any failure to comply with any other requirement of these Regulations.

(2) On the application of any person aggrieved by–

(a)an approval; or

(b)the imposition of a relevant requirement,

in respect of a relevant project in relation to which an environmental statement was required to be submitted by virtue of regulation 11 above (exercise by the Secretary of State of powers under licences), the court may grant an order quashing the approval or, as the case may be, the imposition of the relevant requirement where it is satisfied that the approval or, as the case may be, the imposition of the relevant requirement was in contravention of [F3regulation 11(6)] above (consideration of environmental statement etc.) or that the interests of the applicant have been substantially prejudiced by any failure to comply with any other requirement of these Regulations.

(3) An application to the court under this regulation shall be made within six weeks from the date of publication in the Gazettes of details of the consent, approval or, as the case may be, imposition of the relevant requirement.

(4) The court may by interim order, pending the determination of any question referred to in paragraphs (1) and (2) above, stay the operation of the consent, approval or, as the case may be, the relevant requirement on such terms as it may think fit.

Textual Amendments