The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

Obligations of Commission on receipt of application

12.—(1) Where—

(a) an application has been made for an order granting development consent that is EIA development but is not accompanied by an environmental statement; and

(b) either paragraph (3) or (4) applies,

paragraphs (5), (6) and (7) of regulation 6 shall apply as if the receipt of the application were a request made under regulation 6(1)(a).

(2) Where pursuant to paragraph (1), the Commission has adopted a screening opinion to the effect that proposed development is EIA development and complies with regulation 6(7)(a) and (b), the Commission must suspend consideration of the application until the applicant has provided an environmental statement.

(3) This paragraph applies if—

(a) the proposed development has not been the subject of a screening opinion; and

(b) the application is not accompanied by a statement referred to by the applicant as an environmental statement for the purpose of these Regulations.

(4) This paragraph applies if—

(a) the proposed development has been the subject of a screening opinion to the effect that it is not EIA development; and

(b) the Commission is of the view that the screening opinion did not take into account information that is material to the decision as to whether the proposed development is EIA development.

(5) Where paragraph (6) applies, the Commission must—

(a) issue a written statement giving clearly and precisely the full reasons for its conclusion;

(b) send a copy of that written statement to the applicant; and

(c) suspend consideration of the application until the applicant has provided further information.

(6) This paragraph applies if—

(a) the applicant has submitted a statement that the applicant refers to as an environmental statement; and

(b) the Commission is of the view that the statement should contain further information in order to be an environmental statement.

(7) Regulations 8 (application for scoping opinion) and 9 (procedure to facilitate preparation of environmental statements) apply to an application for an order granting development consent for EIA development which has been suspended under paragraph (2) as if, in regulation 8(1), “A person who proposes to make an application” there were substituted “An applicant”.