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Version Superseded: 16/05/2017
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There are currently no known outstanding effects for the The Town and Country Planning (Environmental Impact Assessment) Regulations 2011 (revoked), Section 10A.
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10A.—(1) Where an application has been made directly to the Secretary of State under section 62A, and it appears to the Secretary of State that—
(a)it is an EIA application, and
(b)it is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations,
the Secretary of State must notify the applicant in writing that the submission of an environmental statement is required and send a copy of that notification to the relevant planning authority.
(2) The Secretary of State must notify the applicant in accordance with paragraph (1) within 3 weeks beginning with the date the application was received or such longer period as may agreed in writing with the applicant.
(3) Where the Secretary of State is aware that any particular person is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, the Secretary of State must notify the applicant of any such person.
(4) An applicant who receives a notification under paragraph (1) may, within 3 weeks beginning with the date of the notification, confirm in writing to the Secretary of State that an environmental statement will be provided.
(5) If the applicant does not write in accordance with paragraph (4), the Secretary of State is under no duty to deal with the application and, at the end of the 3 week period, he must inform the applicant in writing that no further action is being taken on the application.
(6) Where—
(a)a notification has been given under paragraph (1), and
(b)the applicant does not submit an environmental statement and comply with regulation 17(6),
the Secretary of State must determine the relevant application only by refusing planning permission.]
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