The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (revoked)

Subsequent application not complying with EIA requirements U.K.

19.—(1) Where—

(a) a relevant authority is dealing with a subsequent application;

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

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

the provisions of regulation 6(5) to (8) shall apply as if the making of the application were a request made pursuant to regulation 6(2)(a).

(2) Where—

(a) a relevant authority is dealing with a subsequent application;

(b) regulations 16 or 17 apply; and

(c) the applicant has not complied with regulation 18(2),

the relevant authority must request the provision of an updated environmental statement and suspend consideration of the application until the applicant has submitted an updated environmental statement and has certified to the relevant authority in the form set out in certificate 4 in Schedule 5 that the applicant has complied with regulation 18(3).

(3) Where, pursuant to paragraph (1), the relevant authority has adopted a subsequent screening opinion to the effect that supplementary information is required to enable it to determine the application, the relevant authority must—

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

(b) send a copy of the opinion and a copy of the written statement required by sub-paragraph (a) to the applicant; and

(c) suspend consideration of the application until the applicant has provided an updated environmental statement and has certified to the relevant authority in the form set out at Schedule 5 to these Regulations that the applicant has complied with the requirements of regulation 18(3).

(4) Where—

(a) the relevant authority is dealing with a subsequent application;

(b) the applicant has submitted a statement which the applicant refers to as an updated environmental statement for the purpose of these Regulations; and

(c) the relevant authority is of the opinion that the statement should contain further information,

the relevant authority must suspend consideration of the application until the requirements of paragraph (5) are satisfied.

(5) The requirements mentioned in paragraph (4) are that the applicant must—

(a) provide the relevant authority with the further information;

(b) publish (in accordance with sub-paragraph (c)) a notice which sets out the following information—

(i) the name and address of the applicant;

(ii) that the applicant is making an application for approval of a matter in pursuance of a requirement imposed by an order granting development consent for EIA development;

(iii) the reference number of the order granting development consent;

(iv) a summary of the main proposals, specifying the location or route of the proposed development;

(v) that consideration of the application has been suspended until additional information required for the updated environmental statement has been provided and publicised;

(vi) that the additional information, the updated environmental statement and supporting documents are available for inspection free of charge at the places (including at least one address in the vicinity of the proposed development) and times set out in the notice;

(vii) the latest date on which those documents will be available for inspection (being a date not earlier than the date referred to in sub-paragraph (x) below);

(viii) whether a charge will be made for copies of any of those documents and the amount of any charge;

(ix) details of how to respond to the publicity; and

(x) a deadline for receipt of responses being not less than 28 days following the date when the notice is last published;

(c) publish, post and serve the notice in the same manner as prescribed in regulation 17(3)(c) to (e);

(d) serve on any person of whom the applicant has been notified under regulation 9(1)(c) a notice containing the information specified in sub-paragraph (b), except that the date specified as the latest date on which the documents will be available for inspection must not be less than 28 days later than the date on which the notice is first served;

(e) send to the consultation bodies the further information and a notice setting out the information specified in sub-paragraph (b)(i) to (v);

(f) inform those bodies—

(i) how and to whom they may make representations;

(ii) of the deadline for making representations which must be not less than 28 days later than the last date on which the further information was sent in accordance with sub-paragraph (e); and

(g) certify to the relevant authority in the form set out in certificate 5 in Schedule 5 that the applicant has complied with the requirements of sub-paragraphs (b) to (f).

(6) If any person issues a certificate which purports to certify compliance with the requirements of paragraph (5) and which contains a statement which that person knows to be false or misleading in a material particular, or recklessly issues a certificate which purports to do so and which contains a statement which is false or misleading in a material particular, that person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.