The Infrastructure Planning (Environmental Impact Assessment) (Amendment) Regulations 2012

Substitution of regulation 19 – subsequent application not complying with EIA requirements

11.  For regulation 19, substitute—

“Subsequent application where environmental information previously provided

18A.— (1) This regulation applies where—

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

(b) the applicant has not notified the relevant authority in accordance with regulation 6(2)(b); and

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

(2) Where it appears to the relevant authority that the environmental information already before it is adequate to assess the environmental effects of the development, it must take that information into consideration in its decision as to subsequent consent.

(3) Where it appears to the relevant authority that the environmental information already before it is not adequate to assess the environmental effects of the development—

(a) the relevant authority must issue a written statement giving clearly and precisely the full reasons for that conclusion;

(b) the applicant must comply with the requirements of regulation 18(2); and

(c) the relevant authority must suspend consideration of the application until the requirements of regulation 18(2) are complied with.

Subsequent application not complying with EIA requirements

19.— (1) This regulation applies where—

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

(b) the applicant has submitted a statement referred to by the applicant as an updated environmental statement for the purposes of these Regulations; and

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

(2) Where paragraph (1) applies, the relevant authority must—

(a) issue a written statement giving clearly and precisely the full reasons for the conclusion in paragraph (1)(c); and

(b) suspend consideration of the application until the requirements of paragraph (3) are met.

(3) Where paragraph (1) applies, 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 further 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 deadline 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 following 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). ”