The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

ROMP application by a mineral planning authority E+W

56.—(1) Where a relevant mineral planning authority proposes to make or makes a ROMP application to the Secretary of State under regulation 11 (other consents) of the General Regulations which is a Schedule 1 application or a Schedule 2 application (or proposed application), these Regulations shall apply to that application or proposed application as they apply to a ROMP application referred to the Secretary of State under paragraph 7(1) of Schedule 2 to the 1991 Act, paragraph 13(1) of Schedule 13 to the 1995 Act or paragraph 8(1) of Schedule 14 to the 1995 Act (reference of applications to the Secretary of State) subject to the following modifications—

(a) subject to paragraph (2), regulations 6 to 12, 14 to 16, 19 (save for the purposes of regulations 22(3) and (4)), 21 and 30(1) do not apply;

(b) in regulation 5 (general provisions relating to screening), paragraph (11) shall not apply;

(c) in regulation 13(3) (application referred to the Secretary of State without an environmental statement), omit “and must send a copy of that notification to the relevant planning authority”;

(d) in regulation 17 (procedure to facilitate preparation of environmental statements)—

(i) in paragraph (3)(b) for “11(4)(a), 12(6), 13(6) or 14(7)” substitute “ 13(6) ”; and

(ii) in paragraph (4) omit “the relevant planning authority and” and “authority or”;

(e) in regulation 20(2) (publicity where an environmental statement is submitted after the planning application)—

(i) in sub-paragraph (a) omit “and the name and address of the relevant planning authority”; and

(ii) for sub-paragraph (b) substitute—

“(b) the date on which the application was made and that it has been made to the Secretary of State under regulation 11 M1 of the General Regulations;”;

(f) in regulation 22 (procedure where an environmental statement is submitted to the Secretary of State), in paragraph (2) omit “who must send a copy to the relevant planning authority”;

(g) in regulation 25(3) (further information and evidence respecting environmental statements)—

(i) in sub-paragraph (a) omit “and the name and address of the relevant planning authority”; and

(ii) for sub-paragraph (b) substitute—

“(b) the date on which the application was made and that it has been made to the Secretary of State under regulation 11 of the General Regulations;”;

(h) regulations 28 (availability of opinions, directions etc for inspection), 29(1) (information to accompany decisions) and 30(2) (duties to inform the public and the Secretary of State of final decisions) shall apply as if the references to a “relevant planning authority” were references to a mineral planning authority; and

(i) regulation 63(2) shall not apply.

(2) A relevant mineral planning authority which is minded to make a ROMP application to the Secretary of State under regulation 11 of the General Regulations may request the Secretary of State in writing to make a screening direction, and paragraphs (3) to (7) of regulation 7 shall apply to such a request as they apply to a request made pursuant to regulation 6(10) but as if in paragraph (3) the words “, and may request the relevant planning authority to provide such information as they can on any of those points” were omitted.

(3) A request under paragraph (2) must be accompanied by—

(a) a plan sufficient to identify the land;

(b) a description of the nature and purpose of the ROMP development, including in particular—

(i) a description of the physical characteristics of the whole development and, where relevant, of demolition works; and

(ii) a description of the location of the development, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

(c) a description of the aspects of the environment likely to be significantly affected by the development;

(d) to the extent the information is available, a description of any likely significant effects of the proposed development on the environment resulting from—

(i) the expected residues and emissions and the production of waste, where relevant; and

(ii) the use of natural resources, in particular soil, land, water and biodiversity; and

(e) such other information or representations as the authority may wish to provide or make including any features of the proposed development or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(4) An authority making a request under paragraph (2) must send to the Secretary of State any additional information that the Secretary of State may request in writing to enable a direction to be made.

(5) In this regulation “the General Regulations” means the Town and Country Planning General Regulations 1992 M2 .

Marginal Citations

M1 Regulation 11 was amended by S.I. 1999/1810 and 1999/1892.

M2 S.I. 1992/1492. Relevant amending instruments are S.I. 1992/1982, 1997/3006, 1998/2800, 1999/1892, 2011/1589, 2013/2145, and 2015/807.