PART 2 E+WEnvironmental impact assessment

CHAPTER 4E+WProcedure

Decision notice: publicityE+W

34.—(1) As soon as reasonably practicable after determining the application, the relevant authority must send a copy of the decision notice to—

(a)every consultation body and other public authority to which the developer is required to send a copy of the EIA report under regulation 23(2);

(b)every EEA state that invoked the procedure provided by regulation 24.

(2) Where a local planning authority that keeps the planning register receives a copy of the decision notice, the local planning authority must place a copy on Part 2 of the planning register as soon as reasonably practicable after receipt.

(3) As soon as reasonably practicable after receiving a copy of the decision notice, the developer must publish a notice in accordance with paragraphs (4) and (5).

(4) The notice must be published—

(a)in the London Gazette or, if the development will be carried out in relevant waters that are to be treated as adjacent to Northern Ireland for the purposes referred to in article 3(1) of the Adjacent Waters Boundaries (Northern Ireland) Order 2002, in the Belfast Gazette; and

(b)in 2 successive weeks in a local newspaper or newspapers circulating in the locality in which the development will be carried out or, if the development will be carried out in relevant waters—

(i)in 2 successive weeks in a local newspaper or newspapers likely to come to the attention of persons likely to be affected by the development;

(ii)in a national newspaper or newspapers;

(iii)in Lloyd's List; and

(iv)in an appropriate fishing trade journal that is published at intervals not exceeding 1 month (if such a journal is in circulation).

(5) The notice must state—

(a)that the application has been determined;

(b)that a section 36 or 37 consent has been granted or refused or that a section 36 variation has been made or not, as the case may be;

(c)where a copy of the decision notice is sent to a local planning authority that keeps the planning register, that a copy of the decision notice is available for public inspection on the planning register and give the address where the planning register may be inspected;

(d)that a copy of the decision notice may be accessed at the website referred to in paragraph (6) and give the address of the website.

(6) As soon as reasonably practicable after determining the application, the relevant authority must ensure that a copy of the decision notice is able to be accessed by the public free of charge at a website maintained by or on behalf of the relevant authority.