The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017

Decision notice: content E+W

33.—(1) On determining the application, the relevant authority must give notice in writing of the decision (the “decision notice”) to the developer.

(2) The decision notice must include the following information—

(a) the terms of the decision;

(b) information about the participation of the public, including a summary of the results of the consultations undertaken and information gathered under regulations 22 to 26 and how these results have been incorporated or otherwise addressed, in particular the comments received from every EEA state that invoked the procedure provided by regulation 24;

(c) if the decision is to grant the application—

(i) the reasoned conclusion on the significant effects of the development on the environment referred to in regulation 7(1)(d);

(ii) any environmental conditions to which the decision is subject;

(iii) a description of any features or measures to be implemented by the developer that it is envisaged will avoid, prevent or reduce and, if possible, offset significant adverse effects on the environment; and

(iv) a description of any measures to monitor significant adverse effects on the environment that the relevant authority thinks are appropriate;

(d) if the decision is to refuse the application, the main reasons for the refusal; and

(e) information about how the validity of the decision can be challenged and the procedures for doing so.

(3) Where the relevant authority thinks it is appropriate to include any monitoring measures referred to in paragraph (2)(c)(iv)—

(a) the type of parameters to be monitored and the duration of the monitoring must be proportionate to the nature, location and size of the development and the significance of its effects on the environment; and

(b) existing monitoring measures under other legislation may be used, if appropriate, with a view to avoiding duplication of monitoring.