The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

Procedure to facilitate preparation of environmental statements

11.—(1) Where paragraph (2) applies, the Secretary of State or the relevant authority must—

(a) notify the consultation bodies in writing of the name and address of the applicant and of the duty imposed on the consultation bodies by paragraph (3) to make information available to that person;

(b) inform the applicant in writing of the names and addresses of the bodies so notified; and

(c) notify the applicant in writing of any particular person whom it considers—

(i) to be, or to be likely to be, affected by, or to have an interest in the proposed development; and

(ii) to be unlikely to become aware of the proposed development by means of the measures taken in compliance with Part 5 (applications for orders granting development consent) of the Act.

(2) This paragraph applies if—

(a) a person has notified the Secretary of State or the relevant authority under regulation 8(1)(b) or 8(2)(b); or

(b) either—

(i) in the case of an application for an order granting development consent, the Secretary of State has given a screening opinion to the effect that the proposed development is EIA development; or

(ii) in the case of a subsequent application, the relevant authority has given a subsequent screening opinion to the effect that further information is required to enable it to determine the application.

(3) Subject to paragraph (4), the Secretary of State, the relevant authority and any body notified in accordance with paragraph (1), other than a person notified in accordance with paragraph (1)(c), must, if so requested by the applicant, enter into consultation with that person to determine whether the Secretary of State, the relevant authority or body, as the case may be, has in its possession any information which is considered relevant to the preparation of the environmental statement or the updated environmental statement; and, if that is the case, the Secretary of State, or the relevant authority or body must make that information available to the applicant.

(4) Paragraph (3) does not require the disclosure of information which is exempted from the duty to disclose environmental information under the Environmental Information Regulations 2004(1) or regulation 10(5) (as read with regulation 10(6)) of the Environmental Information (Scotland) Regulations 2004(2).

(5) The Secretary of State, relevant authority or body making information available in accordance with paragraph (3) may make a reasonable charge reflecting the cost of making the relevant information available to the applicant.

(6) In this regulation, “any particular person” includes any non-governmental organisation promoting environmental protection.

(1)

S.I. 2004/3391, to which there are amendments not relevant to these Regulations.

(2)

S.I. 2004/520, to which there are amendments not relevant to these Regulations.