The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

Application for a scoping opinion

8.—(1) A person who proposes to make an application for an order granting development consent may ask the Commission to state in writing its opinion as to the information to be provided in the environmental statement.

(2) A person who proposes to make a subsequent application may ask the relevant authority to state in writing its opinion as to the supplementary information to be provided in the updated environmental statement.

(3) A request under paragraph (1) must include—

(a) a plan sufficient to identify the land;

(b) a brief description of the nature and purpose of the development and of its possible effects on the environment; and

(c) such other information or representations as the person making the request may wish to provide or make.

(4) A request under paragraph (2) must include—

(a) the reference number of the order granting development consent in respect of which the applicant proposes to make a subsequent application; and

(b) such other information or representations as the person making the request may wish to provide or make.

(5) When the Commission or the relevant authority, as the case may be, has received a request for a scoping opinion under paragraph (1) or (2) it must, if it considers that it has not been provided with sufficient information to adopt an opinion, notify in writing the person making the request of the points on which it requires additional information.

(6) The Commission or the relevant authority must not adopt a scoping opinion in response to a request under paragraph (1) or (2) until it has consulted the person who made the request, and the consultation bodies, but must, subject to paragraph (7), within 42 days beginning with the date of receipt of that request, or where it has notified the person making the request that it requires additional information in order to adopt an opinion, within 42 days of receiving that information, adopt a scoping opinion and send a copy to the person who made the request.

(7) Where a person has, at the same time as making a request for a screening opinion under regulation 6(1), asked the Commission for an opinion under paragraph (1) above, and the Commission has adopted a screening opinion to the effect that the development is EIA development, the Commission must within 42 days beginning with the date on which that screening opinion was adopted or, where it has notified the person making the request that it requires additional information in order to adopt an opinion, within 42 days of receiving that information, adopt a scoping opinion and send a copy to the person who made the request.

(8) Where a person has, at the same time as making a request for a subsequent screening opinion under regulation 6(2), asked the relevant authority for an opinion under paragraph (2) above, and the relevant authority has adopted a subsequent screening opinion to the effect that an updated environmental statement is required to enable it to determine a subsequent application, the relevant authority must within 42 days beginning with the date on which the subsequent screening opinion was adopted or, where it has notified the person making the request that it requires additional information in order to adopt an opinion, within 42 days of receiving that information, adopt a scoping opinion and send a copy to the person who made the request.

(9) Before adopting a scoping opinion the Commission or the relevant authority must take into account—

(a) the specific characteristics of the particular development;

(b) the specific characteristics of development of the type concerned;

(c) the environmental features likely to be affected by the development; and

(d) in the case of a subsequent application, the environmental statement submitted with the original application.

(10) When the Commission or the relevant authority has adopted a scoping opinion in response to a request under paragraph (1) or (2) it shall not be precluded from requiring of the person who made the request additional information in connection with any statement that may be submitted by that person as an environmental statement or an updated environmental statement in connection with an application for an order granting development consent or a subsequent application for the same development as was referred to in the request.

(11) If a consultation body does not within 28 days of being consulted under paragraph (6) respond stating—

(a) the information it considers should be provided in the environmental statement or the updated environmental statement; or

(b) that it does not have any comments,

the Commission or the relevant authority is entitled to assume that the consultation body in question does not have any comments on the information to be provided in the environmental statement or the updated environmental statement.