Amendment of regulation 45

In regulation 4 (general provisions relating to screening) for paragraph (4) substitute—

4

a

The Secretary of State may direct that these Regulations shall not apply to a particular proposed development specified in the direction either—

i

in accordance with Article 2(3) of the Directive (but without prejudice to Article 7 of the Directive), or

ii

if the development comprises or forms part of a project serving national defence purposes and in the opinion of the Secretary of State compliance with these Regulations would have an adverse effect on those purposes.

b

Where a direction is given under paragraph (4)(a) the Secretary of State must send a copy of any such direction to the relevant planning authority.

4A

Where a direction is given under paragraph (4)(a)(i) the Secretary of State must—

a

make available to the public the information considered in making the direction and the reasons for making the direction;

b

consider whether another form of assessment would be appropriate; and

c

take such steps as are considered appropriate to bring the information obtained under the other form of assessment to the attention of the public.