SCHEDULE 5CONSIDERATION OF REPRESENTATIONS FROM THE PUBLIC
7.
(1)
If the appropriate authority appoints a person to report to it in accordance with paragraph 4(2)(b), it must—
(a)
notify the applicant and the maker of the representation, and the regulator (if the appropriate authority is not also the regulator)—
(i)
that it has so done; and
(ii)
its reasons for doing so;
(b)
send details of the appointed person and of the question of fact to the applicant and the maker of the representation and to the regulator (if the appropriate authority is not also the regulator).
(2)
The appointed person must provide such opportunity for each of the applicant, the maker of the representation, the appropriate authority and the regulator (if the appropriate authority is not also the regulator) to address him orally or in writing, or both, as he considers expedient for the purposes of making his report.
(3)
The appropriate authority must not reach its EIA consent decision until either the appointed person has made his report or a reasonable period has expired.
(4)
The appointed person’s report to the appropriate authority should contain his findings of fact on the subject-matter of the dispute and should be sent to the appropriate authority and the regulator (if the appropriate authority is not also the regulator) and copied to the applicant and the maker of the representation.
(5)
When reaching its EIA consent decision, the appropriate authority must—
(a)
have regard to the appointed person’s report; and
(b)
have such regard as the appropriate authority considers appropriate in all the circumstances to any representations made to the appointed person.