The Electricity (Offshore Generating Stations) (Applications for Consent) Regulations 2006

Service of notice of application where there is no relevant planning authority

6.—(1) This regulation applies where no part of the place to which an application relates is within the area of a relevant planning authority.

(2) Where in the applicant’s opinion—

(a) any local planning authority in England and Wales;

(b) any planning authority in Scotland; or

(c) the Department of the Environment in Northern Ireland,

is likely to have an interest in the application, the applicant shall serve notice of the application upon that body and, within seven days of such service, inform the Secretary of State in writing of its identity and provide him with a copy of the notice.

(3) Where, in the applicant’s opinion, no such body as is mentioned in paragraph (2)(a), (b) or (c) is likely to have an interest in the application, the applicant shall inform the Secretary of State of that fact.

(4) Where in the Secretary of State’s opinion—

(a) any local planning authority in England and Wales;

(b) any planning authority in Scotland; or

(c) the Department of the Environment in Northern Ireland,

is likely to have an interest in the application, the Secretary of State may, unless he has received a notice under paragraph (2) to the effect that a notice of the application has been served on that body, direct that the applicant shall serve notice of an application upon that body.

(5) In paragraphs (2) and (4) “local planning authority” has the same meaning as in Part I of the Town and Country Planning Act 1990(1) and “planning authority” has the same meaning as in section 1 of the Town and Country Planning (Scotland) Act 1997(2).

(1)

1990 c. 8.

(2)

1997 c. 8.