Prohibition on granting consent without consideration of environmental information U.K.

3.—(1) This regulation applies to—

(a) every application for an order granting development consent for EIA development received by the [F1 Secretary of State]; and

(b) every subsequent application for EIA development received by a relevant authority

on or after 1st March 2010.

[F2 (2) Where this regulation applies, the Secretary of State or relevant authority (as the case may be) must not (in the case of the Secretary of State) make an order granting development consent or (in the case of the relevant authority) grant subsequent consent unless it has first taken the environmental information into consideration, and it must state in its decision that it has done so.]

(3) Where this regulation applies, by virtue of paragraph (1)(b) a relevant authority must not grant subsequent consent unless either—

(a) it has first taken the environmental information into consideration; or

(b) it has given a subsequent screening opinion to the effect that an updated environmental statement is not required to enable it to determine the application; and

and in either case it must state in its decision that it has done so.

Textual Amendments

F1 Words in Regulations substituted (1.4.2012) by The Localism Act 2011(Infrastructure Planning) (Consequential Amendments) Regulations 2012 (S.I. 2012/635), regs. 1(2), 2(2)

F2 Reg. 3(2) substituted (13.4.2012) by The Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2012 (S.I. 2012/787), regs. 1, 3