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

• Citation: S.I. 2017/571
• Sections: 120

Section 1 Citation, commencement and application

(1) These Regulations may be cited as the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 and come into force on 16th May 2017.

(2) Subject to paragraph (3), these Regulations apply in relation to England only.

(3) Regulations 60, 61 and 62 apply in relation to Scotland, Wales and Northern Ireland respectively .

Section 2 Interpretation

(1) In these Regulations—

“ the 1991 Act ” means the Planning and Compensation Act 1991 ;

“ the 1995 Act ” means the Environment Act 1995 ;

“ the Act ” means the Town and Country Planning Act 1990 ;

“ appropriate register ” means the register on which particulars of an application for planning permission for the relevant development or an application for subsequent consent have been placed or would fall to be placed if such an application were made;

“ the consultation bodies ” means—

any body which the relevant planning authority is required to consult, or would, if an application for planning permission for the development in question were before them, be required to consult by virtue of —

article 18 (consultations before the grant of permission) of the Order or of any direction under that article;

article 20 (consultations before determination of application) of the Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025; or

article 14 (consultation before determination of application: EIA development) of the Town and Country Planning (Crown Development) (Urgent Applications) (Procedure) (England) Order 2025.

the Marine Management Organisation , in any case where the proposed development would affect, or would be likely to affect, any of the following areas—

waters in or adjacent to England up to the seaward limits of the territorial sea;

an exclusive economic zone , except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

a Renewable Energy Zone , except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

an area designated under section 1(7) of the Continental Shelf Act 1964 , except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions; and

the following bodies if not referred to in paragraph (a) or (b)—

any principal council for the area where the land is situated, if not the relevant planning authority;

Natural England ;

the Environment Agency ;

other bodies designated by statutory provision as having specific environmental responsibilities and which the relevant planning authority or the Secretary of State, as the case may be, considers are likely to have an interest in the application;

“coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“ the Directive ” means Council Directive 2011/92/EU as it had effect immediately before exit day ;

“ EIA ” has the meaning given by regulation 4;

“ EIA application ” means—

an application for planning permission for EIA development; or

a subsequent application in respect of EIA development;

“ EIA development ” means development which is either—

Schedule 1 development; or

Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location;

“ EIA order proposal ” means an order proposal which relates to EIA development;

“ environmental information ” means the environmental statement, including any further information and any other information, any representations made by any body required by these Regulations to be invited to make representations, and any representations duly made by any other person about the environmental effects of the development;

“ environmental statement ” has the meaning given by regulation 18;

“ European site ” means a site within the meaning of regulation 8 of the Conservation of Habitats and Species Regulations 2017 ;

“ EU environmental assessment ” means an assessment of the effect of anything on the environment carried out under assimilated law other than any law of any part of the United Kingdom that implemented the Directive;

“ exempt development ” means development in respect of which the Secretary of State has made a direction under regulation 63;

“ further information ” has the meaning given in regulation 25;

“ inspector ” means a person appointed by the Secretary of State pursuant to paragraph 1 of Schedule 6 to the Act to determine an appeal or a person appointed by the Secretary of State pursuant to section 293I of the Act to determine an application ;

“ the land ” means the land on which the development would be carried out or, in relation to development already carried out, has been carried out;

“ by local advertisement ”, in relation to a notice, means—

by publication of the notice in a newspaper circulating in the locality in which the land to which the application or appeal relates is situated; and

publication of the notice on a website maintained by or on behalf of the authority;

“ local development order ” means a local development order made pursuant to section 61A (Local development orders) of the Act;

“ monitoring measure ” means a provision requiring the monitoring of any significant adverse effects on the environment of proposed development including any measures contained in—

a condition imposed on the grant of planning permission; or

a planning obligation;

“ neighbourhood development order ” means a neighbourhood development order made pursuant to section 61E (Neighbourhood development orders) of the Act;

“ the Order ” means the Town and Country Planning (Development Management Procedure) (England) Order 2015 ;

“ order proposal ” means a proposal for the making of a neighbourhood development order by a qualifying body under paragraph 1 of Schedule 4B to the Act;

“ any other information ” means any other substantive information relating to the environmental statement and provided by the applicant or the appellant as the case may be;

“ any particular person ” includes any non-governmental organisation promoting environmental protection;

“ principal council ” has the meaning given by section 270(1) (general provisions as to interpretation) of the Local Government Act 1972 ;

“ qualifying body ” has the meaning given by section 61E(6) (Neighbourhood development Orders) of the Act;

“ register ” means a register kept pursuant to article 40 of the Order (register of applications) and references to a “Part” of the register are to be taken as references to the Parts of the register as described in article 40 of the Order;

“ relevant mineral planning authority ” means the body to whom it falls, fell, or would, but for a direction under—

paragraph 7 of Schedule 2 (registration of old mining permissions) to the 1991 Act;

paragraph 13 of Schedule 13 (review of old mineral planning permissions) to the 1995 Act; or

paragraph 8 of Schedule 14 (periodic review of mineral planning permissions) to the 1995 Act,

fall to determine the ROMP application in question;

“ relevant planning authority ” means the body to whom it falls, fell, or would, but for an application made directly to the Secretary of State under section 62A of the Act (applications made directly to the Secretary of State) or a direction under section 77 of the Act (reference of applications to Secretary of State) or an application made to the Secretary of State under section 293B or 293D of the Act (urgent Crown development or Crown development) , fall to determine an application for planning permission for the development in question;

“ ROMP application ” means an application to a relevant mineral planning authority to determine the conditions to which a planning permission is to be subject under—

paragraph 2(2) of Schedule 2 (registration of old mining permissions) to the 1991 Act;

paragraph 9(1) of Schedule 13 (review of old mineral planning permissions) to the 1995 Act ; or

paragraph 6(1) of Schedule 14 (periodic review of mineral planning permissions) to the 1995 Act ;

“ ROMP development ” means development which has yet to be carried out and which is authorised by a planning permission in respect of which a ROMP application has been or is to be made;

“ ROMP subsequent application ” means an application for approval of a matter where the approval—

is required by or under a condition to which a planning permission is subject following determination of a ROMP application; and

must be obtained before all or part of the minerals development permitted by the planning permission may be begun or continued;

“ ROMP subsequent consent ” means consent granted pursuant to a ROMP subsequent application;

“Schedule 1 application” and “Schedule 2 application” mean an application for planning permission for Schedule 1 development and Schedule 2 development respectively;

“ Schedule 1 development ” means development, other than exempt development, of a description mentioned in Schedule 1;

“ Schedule 2 development ” means development, other than exempt development, of a description mentioned in column 1 of the table in Schedule 2 where—

any part of that development is to be carried out in a sensitive area; or

any applicable threshold or criterion in the corresponding part of column 2 of that table is respectively exceeded or met in relation to that development;

“scoping direction” and “scoping opinion” have the meanings given in regulation 15;

“ screening direction ” means a direction made by the Secretary of State as to whether development is EIA development;

“ screening opinion ” means a written statement of the opinion of the relevant planning authority as to whether development is EIA development;

“ sensitive area ” means any of the following—

land notified under section 28(1) (sites of special scientific interest) of the Wildlife and Countryside Act 1981 ;

a National Park within the meaning of the National Parks and Access to the Countryside Act 1949 ;

the Broads ;

a property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention Concerning the Protection of the World Cultural and Natural Heritage ;

a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 1979 ;

an area of outstanding natural beauty designated as such by an order made by Natural England under section 82(1) (areas of outstanding natural beauty) of the Countryside and Rights of Way Act 2000 as confirmed by the Secretary of State;

a European site;

“ subsequent application ” means an application for approval of a matter where the approval—

is required by or under a condition to which a planning permission is subject; and

must be obtained before all or part of the development permitted by the planning permission may be begun;

“ subsequent consent ” means consent granted pursuant to a subsequent application;

“ UK environmental assessment ” means an assessment carried out in accordance with an obligation under the law of any part of the United Kingdom of the effect of anything on the environment.

(2) Subject to paragraph (3), expressions used both in these Regulations and in the Act have the same meaning for the purposes of these Regulations as they have for the purposes of the Act.

(3) Expressions used both in these Regulations and in the Directive (whether or not also used in the Act) have the same meaning for the purposes of these Regulations as they have for the purposes of the Directive.

(4) In these Regulations references to the Secretary of State must not be construed as references to an inspector.

Section 3 Prohibition on granting planning permission or subsequent consent for EIA development

The relevant planning authority, the Secretary of State or an inspector must not grant planning permission or subsequent consent for EIA development unless an EIA has been carried out in respect of that development.

Section 4 Environmental impact assessment process

(1) The environmental impact assessment (“ EIA”) is a process consisting of—

(a) the preparation of an environmental statement;

(b) any consultation, publication and notification required by, or by virtue of, these Regulations or any other enactment in respect of EIA development; and

(c) the steps required under regulation 26.

(2) The EIA must identify, describe and assess in an appropriate manner, in light of each individual case, the direct and indirect significant effects of the proposed development on the following factors—

(a) population and human health;

(b) biodiversity, with particular attention to species and habitats protected under any law that implemented Directive 92/43/EEC and Directive 2009/147/EC ;

(c) land, soil, water, air and climate;

(d) material assets, cultural heritage and the landscape;

(e) the interaction between the factors referred to in sub-paragraphs (a) to (d).

(3) The effects referred to in paragraph (2) on the factors set out in that paragraph must include the operational effects of the proposed development, where the proposed development will have operational effects.

(4) The significant effects to be identified, described and assessed under paragraph (2) include the expected significant effects arising from the vulnerability of the proposed development to major accidents or disasters that are relevant to that development.

(5) The relevant planning authority or the Secretary of State must ensure that they have, or have access as necessary to, sufficient expertise to examine the environmental statement.

Section 5 General provisions relating to screening

(1) Subject to paragraph (3) and regulation 63, the occurrence of an event mentioned in paragraph (2) shall determine for the purpose of these Regulations that development is EIA development.

(2) The events referred to in paragraph (1) are—

(a) the submission by the applicant or appellant in relation to that development of a statement referred to by the applicant or appellant as an environmental statement for the purposes of these Regulations; or

(b) the adoption by the relevant planning authority of a screening opinion to the effect that the development is EIA development.

(3) A direction of the Secretary of State shall determine for the purpose of these Regulations whether development is or is not EIA development.

(4) Where a relevant planning authority or the Secretary of State has to decide under these Regulations whether Schedule 2 development is EIA development, the relevant planning authority or Secretary of State must take into account in making that decision—

(a) any information provided by the applicant;

(b) the results of any relevant EU environmental assessment which are reasonably available to the relevant planning authority or the Secretary of State; and

(c) such of the selection criteria set out in Schedule 3 as are relevant to the development.

(5) Where a relevant planning authority adopts a screening opinion under regulation 6(6), or the Secretary of State makes a screening direction under regulation 7(5), the authority or the Secretary of State, as the case may be, must—

(a) state the main reasons for their conclusion with reference to the relevant criteria listed in Schedule 3;

(b) if it is determined that proposed development is not EIA development, state any features of the proposed development and measures envisaged to avoid, or prevent what might otherwise have been, significant adverse effects on the environment; and

(c) send a copy of the opinion or direction to the person who proposes to carry out, or who has carried out, the development in question.

(6) The Secretary of State may make a screening direction either—

(a) of the Secretary of State's own volition; or

(b) if requested to do so in writing by any person.

(7) The Secretary of State may direct that particular development of a description mentioned in column 1 of the table in Schedule 2 is EIA development whether or not the conditions contained in sub-paragraphs (a) and (b) of the definition of “Schedule 2 development” are satisfied in relation to that development.

(8) Where the Secretary of State makes a screening direction in accordance with paragraph (6), the Secretary of State must—

(a) take such steps as appear to be reasonable to the Secretary of State in the circumstances, having regard to the requirements of regulation 6(2) and (3), to obtain information about the proposed development in order to inform a screening direction;

(b) take into account in making that screening direction—

(i) the information gathered in accordance with sub-paragraph (a);

(ii) the results of any relevant EU environmental assessment which are reasonably available to the Secretary of State; and

(iii) such of the selection criteria set out in Schedule 3 as are relevant to the development.

(9) The Secretary of State must make a screening direction under paragraph (6)(a) within—

(a) 3 weeks beginning with the date on which the Secretary of State obtains sufficient information to inform a screening direction; or

(b) such longer period, not exceeding 90 days, as may reasonably be required, beginning with the date on which the Secretary of State obtains sufficient information to inform a screening direction, but this is subject to paragraph (10).

(10) Where the Secretary of State considers that due to exceptional circumstances relating to the proposed development that it is not practicable to adopt a screening direction under paragraph (6)(a) within the period specified in paragraph (9), the Secretary of State may extend that period by notice in writing given to the person bringing forward the development which is the subject of the proposed screening direction.

(11) The Secretary of State must state in any notice given under paragraph (10) the reasons justifying the extension and the date when the determination is expected.

(12) The Secretary of State must send a copy of any screening direction to the relevant planning authority.

Section 6 Requests for screening opinions of the relevant planning authority

(1) A person who is minded to carry out development may request the relevant planning authority to adopt a screening opinion.

(2) A person making a request for a screening opinion in relation to development where an application for planning permission has been or is proposed to be submitted must provide the following—

(a) a plan sufficient to identify the land;

(b) a description of the development, including in particular—

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

(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 person making the request 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.

(3) A request for a screening opinion in relation to development where a subsequent application has been or is proposed to be submitted must be accompanied by—

(a) a plan sufficient to identify the land;

(b) sufficient information to enable the relevant planning authority to identify any planning permission granted for the development in respect of which a subsequent application has been made;

(c) the information described in paragraph (2)(c) and (d), but only to the extent that this relates to likely significant effects on the environment not previously identified; and

(d) such other information or representations as the person making the request 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) A person compiling the information set out in paragraph (2) or (3) must, where relevant, take into account—

(a) the criteria set out in Schedule 3; and

(b) the results of any relevant EU environmental assessment which are reasonably available to the person requesting the screening opinion.

(5) A relevant planning authority receiving a request for a screening opinion must, if they consider that they have not been provided with sufficient information to adopt an opinion, notify in writing the person making the request of the points on which they require additional information.

(6) A relevant planning authority must adopt a screening opinion within—

(a) 3 weeks beginning with the date of receipt of a request made pursuant to paragraph (1); or

(b) such longer period, not exceeding 90 days from the date on which the person making the request submits the information required under paragraph (2) or (3) as may be agreed in writing with the person making the request.

(7) Where the relevant planning authority considers that due to exceptional circumstances relating to the circumstances of the proposed development that it is not practicable for it to adopt a screening opinion within the relevant period specified in paragraph (6), the relevant planning authority may extend that period by notice in writing given to the person who made the request for a screening opinion.

(8) The relevant planning authority must state in any notice given under paragraph (7) the reasons justifying the extension of time and the date when the determination is expected.

(9) A relevant planning authority which adopts a screening opinion pursuant to paragraph (6) must send a copy to the person who made the request.

(10) Where a relevant planning authority—

(a) fails to adopt a screening opinion within the relevant period mentioned in paragraph (6); or

(b) adopts an opinion to the effect that the development is EIA development,

the person who requested the opinion may request the Secretary of State to make a screening direction.

(11) A person may make a request pursuant to paragraph (10) even if the relevant planning authority has not received the additional information which it has sought under paragraph (5).

Section 7 Requests for screening directions of the Secretary of State

(1) A person who pursuant to regulation 6(10) requests the Secretary of State to make a screening direction must submit with the request—

(a) a copy of the request to the relevant planning authority under regulation 6(1) and the documents which accompanied it;

(b) a copy of any notification received under regulation 6(5) and of any response sent;

(c) a copy of any screening opinion received from the authority and any accompanying statement of reasons; and

(d) any representations that the person wishes to make.

(2) A person making such a request must send to the relevant planning authority a copy of that request and of any representations made to the Secretary of State.

(3) If the Secretary of State considers that sufficient information to make a screening direction has not been provided, the Secretary of State must give notice in writing to the person making the request of the points on which additional information is required, and may request the relevant planning authority to provide such information as they can on any of those points.

(4) A person providing additional information pursuant to a notice under paragraph (3) must, where that information is of a type specified in regulation 6(2) or (3), prepare that information in accordance with the requirements of regulation 6(4).

(5) The Secretary of State must make a screening direction following a request under regulation 5(6)(b) or 6(10) within—

(a) 3 weeks beginning with the date of receipt of the request; or

(b) where the Secretary of State gives notice under paragraph (3), such longer period not exceeding 90 days beginning with the date on which the person making the request for a screening direction submits the information required under paragraph (3) as may be reasonably required, but this is subject to paragraph (6).

(6) Where the Secretary of State considers that due to exceptional circumstances relating to the proposed development it is not practicable to make a screening direction within the period specified in paragraph (5), the Secretary of State may extend that period by giving notice in writing to the person who made the request for a screening direction.

(7) The Secretary of State must state in any notice given under paragraph (6) the reasons justifying the extension of time and the date when the determination is expected.

(8) The Secretary of State must send a copy of any screening direction made pursuant to paragraph (5) to—

(a) the person who made the request;

(b) the applicant (where the applicant is not the person referred to in sub-paragraph (a)); and

(c) the relevant planning authority.

Section 8 Applications which appear to require screening opinion

(1) Where it appears to the relevant planning authority that—

(a) an application which is before them for determination is a Schedule 1 application or a Schedule 2 application;

(b) the development in question has not been the subject of a screening opinion or screening direction; and

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

paragraphs (5) and (6) of regulation 6 apply as if the receipt or lodging of the proposal were a request made under regulation 6(1).

(2) Where regulation 6(5) applies by virtue of this regulation the relevant planning authority must, where necessary to ensure that the developer has provided the information referred to in regulation 6(2), make a request for additional information before issuing a screening opinion.

Section 9 Subsequent applications where environmental information previously provided

(1) This regulation applies where it appears to the relevant planning authority that—

(a) an application which is before them for determination—

(i) is a subsequent application in relation to Schedule 1 or Schedule 2 development;

(ii) has not itself been the subject of a screening opinion or screening direction; and

(iii) is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations; and

(b) either—

(i) the application for planning permission to which the subsequent application relates was accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations; or

(ii) the application is for the approval of a matter where the approval is required by or under a condition to which planning permission deemed by a qualifying enactment is subject.

(1A) In paragraph (1)(b)(ii), “ qualifying enactment ” means—

(a) section 10(1) of the Crossrail Act 2008,

(b) section 20(1) or 50(5)(a) of the High Speed Rail (London - West Midlands) Act 2017, or

(c) section 17(1) or 47(3)(a) of the High Speed Rail (West Midlands - Crewe) Act 2021.

(2) Where it appears to the relevant planning authority that the environmental information already before them is adequate to assess the significant effects of the development on the environment, they must take that information into consideration in their decision for subsequent consent.

(3) Where it appears to the relevant planning authority that the environmental information already before them is not adequate to assess the significant effects of the development on the environment, they must serve a notice seeking further information in accordance with regulation 25.

Section 10 Subsequent applications where environmental information not previously provided

(1) Where it appears to the relevant planning authority that—

(a) an application which is before them for determination—

(i) is a subsequent application in relation to Schedule 1 or Schedule 2 development;

(ii) has not itself been the subject of a screening opinion or screening direction; and

(iii) is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations; and

(b) the application for planning permission to which the subsequent application relates was not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations,

paragraphs (5) and (6) of regulation 6 apply as if the receipt or lodging of the subsequent application were a request made under regulation 6(1).

(2) Where regulation 6(5) applies by virtue of this regulation, the relevant planning authority must, where necessary to ensure that the applicant has provided the information referred to in regulation 6(3)(c), make a request for additional information before issuing a screening opinion.

Section 11 EIA applications made to a relevant planning authority without an environmental statement

(1) Where an EIA application which is before a relevant planning authority for determination is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations, the relevant planning authority must notify the applicant in writing that the submission of an environmental statement is required.

(2) Where the relevant planning authority is aware that any particular person is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, the relevant planning authority must notify the applicant of any such person.

(3) A relevant planning authority must notify the applicant in accordance with paragraph (1) within 3 weeks beginning with the date of receipt of the application or such longer period as may be agreed in writing with the applicant; but where the Secretary of State, after the expiry of that period of 3 weeks or of any longer period so agreed, makes a screening direction to the effect that the development is EIA development, the relevant planning authority must so notify the applicant within 7 days beginning with the date the relevant planning authority received a copy of that screening direction.

(4) An applicant receiving a notification pursuant to paragraph (1) may, within 3 weeks beginning with the date of the notification, write to the relevant planning authority stating—

(a) that the applicant accepts the view of the relevant planning authority and is providing an environmental statement; or

(b) unless the condition referred to in paragraph (5) is satisfied, that the applicant is writing to the Secretary of State to request a screening direction.

(5) For the purpose of paragraph (4)(b) the condition is—

(a) if the application referred to in paragraph (1) is an application for planning permission, that the Secretary of State has made a screening direction in respect of the development; or

(b) if the application referred to in paragraph (1) is a subsequent application, that the Secretary of State has made a screening direction in respect of the development on a date after the subsequent application was submitted.

(6) If the applicant does not write to the relevant planning authority in accordance with paragraph (4), the permission or subsequent consent sought is, unless the condition referred to in paragraph (7) is satisfied, deemed to be refused at the end of period referred to in paragraph (4), and the deemed refusal—

(a) must be treated as a decision of the relevant planning authority for the purposes of article 40(4)(c) (register of applications) of the Order; but

(b) must not give rise to an appeal to the Secretary of State under section 78 of the Act (right to appeal against planning decisions and failure to take such decisions).

(7) For the purpose of paragraph (6) the condition is—

(a) if the application referred to in paragraph (1) is an application for planning permission, that the Secretary of State has made a screening direction to the effect that the development is not EIA development; or

(b) if the application referred to in paragraph (1) is a subsequent application, that the Secretary of State has made a screening direction to the effect that the development is not EIA development on a date after the subsequent application was submitted.

(8) A relevant planning authority which has given a notification in accordance with paragraph (1) must, unless the Secretary of State makes a screening direction to the effect that the development is not EIA development, determine the relevant application only by refusing planning permission or subsequent consent if the applicant does not submit an environmental statement and comply with regulation 20(6).

(9) A person who requests a screening direction pursuant to paragraph (4)(b) must send the request to the Secretary of State together with copies of—

(a) the request to the relevant planning authority under regulation 6(1) and the documents which accompanied it;

(b) any notification made under regulation 6(5) and any response sent by that person to the relevant planning authority;

(c) the application;

(d) all documents sent to the relevant planning authority as part of the application;

(e) all correspondence between the applicant and the relevant planning authority relating to the proposed development;

(f) a copy of any planning permission granted for the development; and

(g) in the case of a subsequent application, documents or information relating to the planning permission granted for the development to which the subsequent application relates,

and paragraphs (2) to (8) of regulation 7 apply to a request under this regulation as they apply to a request made pursuant to regulation 6(10).

Section 12 EIA applications made directly to the Secretary of State without an environmental statement

(1) Where an application has been made directly to the Secretary of State under section 62A of the Act (When application may be made directly to the Secretary of State), and it appears to the Secretary of State that—

(a) it is a Schedule 1 application or a Schedule 2 application;

(b) the development in question has not been the subject of a screening opinion or screening direction; and

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

paragraphs (2) to (8) of regulation 7 apply as if the application were a request made by the applicant pursuant to regulation 6(10).

(2) Where regulation 7(3) applies to an application made under section 62A of the Act (When application may be made directly to the Secretary of State) the Secretary of State must, where necessary to ensure that the developer has provided the information referred to in regulation 6(2) or (3) as appropriate , make a request for additional information before issuing a screening direction.

(3) Where the Secretary of State has determined that an application made under section 62A of the Act (When application may be made directly to the Secretary of State) is an EIA application and it is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations, the Secretary of State must notify the applicant in writing that the submission of an environmental statement is required and must send a copy of that notification to the relevant planning authority.

(4) The Secretary of State must notify the applicant of a determination under paragraph (3) within 3 weeks beginning with the date the application was received or such longer period as may be agreed in writing with the applicant.

(5) Where the Secretary of State is aware that any particular person is, or is likely to be, affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, the Secretary of State must notify the applicant of any such person.

(6) An applicant who receives a notification under paragraph (3) may, within 3 weeks beginning with the date of the notification, confirm in writing to the Secretary of State that an environmental statement will be provided.

(7) If the applicant does not write in accordance with paragraph (6), the Secretary of State is under no duty to deal with the application and, at the end of the period referred to in paragraph (6), must inform the applicant in writing that no further action is being taken on the application.

(8) Where—

(a) a notification has been given under paragraph (3), and

(b) the applicant does not submit an environmental statement and comply with regulation 20(6),

the Secretary of State must determine the relevant application only by refusing planning permission.

(9) In this regulation, “Schedule 1 application” and “Schedule 2 application” are to be taken to include subsequent applications.

Section 13 Application referred to the Secretary of State without an environmental statement

(1) Where an application has been referred to the Secretary of State for determination under section 77 of the Act (reference of applications to Secretary of State) or made to the Secretary of State under section 293B or section 293D (urgent Crown development or Crown development) , and it appears to the Secretary of State that—

(a) it is a Schedule 1 application or a Schedule 2 application; and

(b) the development in question—

(i) has not been the subject of a screening opinion or screening direction; or

(ii) in the case of a subsequent application, was the subject of a screening opinion or direction before planning permission was granted to the effect that it is not EIA development; and

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

paragraphs (3) to (8) of regulation 7 apply as if the referral of the application were a request made by the applicant pursuant to regulation 6(10).

(2) Where regulation 7(3) applies to an application by virtue of paragraph (1), the Secretary of State must, where necessary to ensure that the developer has provided—

(a) in the case of applications for planning permission, the information referred to in regulation 6(2); and

(b) in the case of subsequent applications, the information referred to in regulation 6(3),

make a request for additional information before issuing a screening direction.

(3) Where the Secretary State has determined that an application referred to the Secretary of State under section 77 of the Act (reference of applications to Secretary of State) for determination or an application made to the Secretary of State under section 293B or section 293D (urgent Crown development or Crown development) is an EIA application but is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations, the Secretary of State must notify the applicant in writing that the submission of an environmental statement is required and must send a copy of that notification to the relevant planning authority.

(4) The Secretary of State must notify the applicant of the Secretary of State's determination under paragraph (3) within 3 weeks beginning with the date the application was received or such longer period as may be reasonably required.

(5) Where the Secretary of State is aware that any particular person is or is likely to be affected by, or has an interest in, the application, and that particular person is unlikely to become aware of the application by means of a site notice or by local advertisement, the Secretary of State must notify the applicant of any such person.

(6) An applicant who receives a notification under paragraph (3) may, within 3 weeks beginning with the date of the notification, confirm in writing to the Secretary of State that an environmental statement will be provided.

(7) If the applicant does not write in accordance with paragraph (6), the Secretary of State is not under a duty to deal with the application and at the end of the period referred to in paragraph (6) must inform the applicant in writing that no further action is being taken on the application.

(8) Where—

(a) a notification has been given under paragraph (3), and

(b) the applicant does not submit an environmental statement and comply with regulation 20(6),

the Secretary of State must determine the relevant application only by refusing planning permission or subsequent consent.

(9) In this regulation, “Schedule 1 application” and “Schedule 2 application” are to be taken to include subsequent applications.

Section 14 Appeal to the Secretary of State without an environmental statement

(1) Where on consideration of an appeal under section 78 of the Act (right to appeal against planning decisions and failure to take such decisions) it appears to the Secretary of State that—

(a) the application to which the appeal relates (“the relevant application”) is a Schedule 1 application or a Schedule 2 application; and

(b) the development in question—

(i) has not been the subject of a screening opinion or screening direction; or

(ii) in the case of a relevant application which is a subsequent application, was the subject of a screening opinion or direction before planning permission was granted to the effect that it is not EIA development; and

(c) the relevant application is not accompanied by a statement referred to by the appellant as an environmental statement for the purposes of these Regulations,

paragraphs (3) to (8) of regulation 7 apply as if the appeal were a request made by the appellant pursuant to regulation 6(10).

(2) Where an inspector is dealing with an appeal and a question arises as to whether the relevant application is an EIA application and it appears to the inspector that it may be such an application, the inspector must refer that question to the Secretary of State and must not determine the appeal, except by refusing planning permission or subsequent consent, before a screening direction is made.

(3) Paragraphs (3) to (8) of regulation 7 apply to a question referred under paragraph (2) as if the referral of that question were a request made by the appellant pursuant to regulation 6(10).

(4) Where regulation 7(3) applies to an appeal by virtue of paragraph (1) or (3) the Secretary of State must, where necessary to ensure that the developer has provided—

(a) in the case of a relevant application which is an application for planning permission, the information referred to in regulation 6(2); and

(b) in the case of a relevant application which is a subsequent application the information referred to in regulation 6(3),

make a request for additional information before issuing a screening direction.

(5) Where it appears to the Secretary of State that the relevant application is an EIA application and is not accompanied by a statement referred to by the appellant as an environmental statement for the purposes of these Regulations, the Secretary of State must notify the appellant in writing that the submission of an environmental statement is required and must send a copy of that notification to the relevant planning authority.

(6) Where the Secretary of State is aware that any particular person is or is likely to be affected by, or has an interest in, the application, and that particular person is unlikely to become aware of the application by means of a site notice or by local advertisement, the Secretary of State must notify the appellant of any such person.

(7) An appellant who receives a notification under paragraph (5), may within 3 weeks beginning with the date of the notification, confirm in writing to the Secretary of State that an environmental statement will be provided.

(8) If the appellant does not write in accordance with paragraph (7), the Secretary of State or, where relevant, the inspector, is not under a duty to deal with the appeal; and at the end of the period referred to in paragraph (7) must inform the appellant that no further action is being taken on the appeal.

(9) Where—

(a) a notification has been given under paragraph (5), and

(b) the appellant does not submit an environmental statement and comply with regulation 20(6),

the Secretary of State or, where relevant, the inspector, must determine the appeal only by refusing planning permission or subsequent consent.

(10) In this regulation, “Schedule 1 application” and “Schedule 2 application” are to be taken to include subsequent applications.

Section 15 Scoping opinions of the local planning authority

(1) A person who is minded to make an EIA application may ask the relevant planning authority to state in writing their opinion as to the scope and level of detail of the information to be provided in the environmental statement (a “scoping opinion”).

(2) A request under paragraph (1) must include—

(a) in relation to an application for planning permission—

(i) a plan sufficient to identify the land;

(ii) a brief description of the nature and purpose of the development, including its location and technical capacity;

(iii) an explanation of the likely significant effects of the development on the environment; and

(iv) such other information or representations as the person making the request may wish to provide or make;

(b) in relation to a subsequent application—

(i) a plan sufficient to identify the land;

(ii) sufficient information to enable the relevant planning authority to identify any planning permission granted for the development in respect of which the subsequent application is made;

(iii) an explanation of the likely significant effects on the environment which were not identified at the time planning permission was granted; and

(iv) such other information or representations as the person making the request may wish to provide or make.

(3) An authority receiving a request under paragraph (1) must, if it considers that it has not been provided with sufficient information to adopt a scoping opinion, notify the person making the request of the points on which it requires additional information.

(4) An authority must not adopt a scoping opinion in response to a request under paragraph (1) until it has consulted the consultation bodies, but must, subject to paragraph (5), within 5 weeks beginning with the date of receipt of that request for a scoping opinion, or such longer period as may be agreed in writing with the person making the request, adopt a scoping opinion and must send a copy to the person who made the request.

(5) Where a person has, at the same time as making a request for a screening opinion under regulation 6(1), asked the authority for an opinion under paragraph (1), and the authority has adopted a screening opinion to the effect that the development is EIA development, the authority must, within 5 weeks beginning with the date on which that screening opinion was adopted, or such longer period as may be agreed in writing with the person making the request, adopt a scoping opinion and must send a copy to the person who made the request.

(6) Before adopting a scoping opinion the authority must take into account—

(a) any information provided by the applicant about the proposed development;

(b) the specific characteristics of the particular development;

(c) the specific characteristics of development of the type concerned; and

(d) the environmental features likely to be significantly affected by the development.

(7) Where an authority fails to adopt a scoping opinion within the relevant period mentioned in paragraph (4) or (5), the person who requested the opinion may under regulation 16(1) ask the Secretary of State to make a direction as to the information to be provided in the environmental statement (a “scoping direction”).

(8) Paragraph (7) applies notwithstanding that the authority may not have received the additional information which it has sought under paragraph (3).

(9) An authority which has adopted a scoping opinion following a request under paragraph (1) shall not be precluded from requiring of the person who made the request additional information in connection with any statement that may be submitted by that person as an environmental statement in connection with an application for planning permission or a subsequent application for the same development.

Section 16 Scoping directions of the Secretary of State

(1) A person who, under regulation 15(7), requests the Secretary of State to make a scoping direction (“scoping direction request”) must submit with the scoping direction request—

(a) a copy of the scoping opinion request made to the relevant planning authority under regulation 15(1), including any information supplied with that request as required by regulation 15(2);

(b) a copy of any notification under regulation 15(3) related to that request and of any response;

(c) a copy of any screening opinion received by the person in relation to that request and of any accompanying statement of reasons; and

(d) any representations that the person making the scoping direction request wishes to make.

(1A) A person who is minded to make an EIA application under section 293B or 293D of the Act may, notwithstanding regulation 15, ask the Secretary of State to make a direction as to the information to be provided in the environmental statement (a “Crown development scoping direction”).

(1B) A person who, under paragraph (1A), requests the Secretary of State to make a Crown development scoping direction (a “Crown development scoping direction request”) must submit with the Crown development scoping direction request—

(a) the documents listed in regulation 15(2)(a) or, as the case may be, 15(2)(b);

(b) where a scoping opinion request was made under regulation 15(1) in relation to the EIA application in question, the documents referred to in paragraph (1)(a) and (b);

(c) a copy of any screening opinion received by the person in relation to the EIA application in question and of any accompanying statement of reasons; and

(d) any representations that the person making the scoping direction request wishes to make.

(2) A person making a scoping direction request under paragraph (1) or (1A) must send to the relevant planning authority a copy of that scoping direction request, but that copy need not include the matters mentioned in sub-paragraphs (a) to (c) of paragraph (1) or, as the case may be, sub-paragraphs (b) and (c) of paragraph (1A) .

(3) If the Secretary of State considers that the information provided pursuant to paragraph (1) or (1A) is insufficient to make a scoping direction, the Secretary of State must give notice in writing to the person making the scoping direction request of any points on which additional information is required; and may request the relevant planning authority to provide such information as they can on any of those points.

(4) The Secretary of State—

(a) must consult the consultation bodies before making a scoping direction in response to a scoping direction request, and

(b) within 5 weeks beginning with the date of receipt of that request, or such longer period as may be reasonably required, must make a scoping direction and send a copy to the person who made the scoping direction request and to the relevant planning authority.

(5) Before making a scoping direction the Secretary of State must take into account the matters specified in regulation 15(6).

(6) Neither the Secretary of State who has made a scoping direction in response to a request under paragraph (1) or (1A) nor the relevant planning authority shall be precluded from requiring of the person who made the request additional information in connection with any statement that may be submitted by that person as an environmental statement in connection with an application for planning permission or a subsequent application for the same development.

Section 17 Procedure to facilitate preparation of environmental statements

(1) Any person who intends to submit an environmental statement to the relevant planning authority or the Secretary of State under these Regulations may give notice in writing to that authority or the Secretary of State under this paragraph.

(2) A notice under paragraph (1) must include the information necessary to identify the land and the nature and purpose of the development, and must indicate the main environmental consequences to which the person giving the notice proposes to refer in their environmental statement.

(3) The recipient of—

(a) such notice as is mentioned in paragraph (1); or

(b) a written statement made pursuant to regulation 11(4)(a), 12(6), 13(6) or 14(7),

must—

(i) notify the consultation bodies in writing of the name and address of the person who intends to submit an environmental statement and of the duty imposed on the consultation bodies by paragraph (4) to make information available to that person; and

(ii) inform in writing the person who intends to submit an environmental statement of the names and addresses of the bodies so notified.

(4) Subject to paragraph (5), the relevant planning authority and any body notified in accordance with paragraph (3) must, if requested by the person who intends to submit an environmental statement, consult that person to determine whether the authority or body has in its possession any information which that person or they consider relevant to the preparation of the environmental statement and, if they have, the authority or body must make that information available to that person.

(5) A planning authority or other body which receives a request for information under paragraph (4) must treat it as a request for information under regulation 5(1) of the Environmental Information Regulations 2004 (duty to make available environmental information on request).

Section 18 Environmental statements

(1) Subject to regulation 9, an EIA application must be accompanied by an environmental statement for the purposes of these Regulations.

(2) A subsequent application is to be taken to be accompanied by an environmental statement for the purpose of paragraph (1) where the application for planning permission to which it relates was accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations, but this is subject to regulation 9.

(3) An environmental statement is a statement which includes at least—

(a) a description of the proposed development comprising information on the site, design, size and other relevant features of the development;

(b) a description of the likely significant effects of the proposed development on the environment;

(c) a description of any features of the proposed development, or measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;

(d) a description of the reasonable alternatives studied by the developer, which are relevant to the proposed development and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the development on the environment;

(e) a non-technical summary of the information referred to in sub-paragraphs (a) to (d); and

(f) any additional information specified in Schedule 4 relevant to the specific characteristics of the particular development or type of development and to the environmental features likely to be significantly affected.

(4) An environmental statement must—

(a) where a scoping opinion or direction has been issued in accordance with regulation 15 or 16, be based on the most recent scoping opinion or direction issued (so far as the proposed development remains materially the same as the proposed development which was subject to that opinion or direction);

(b) include the information reasonably required for reaching a reasoned conclusion on the significant effects of the development on the environment, taking into account current knowledge and methods of assessment; and

(c) be prepared, taking into account the results of any relevant UK environmental assessment, which are reasonably available to the person preparing the environmental statement, with a view to avoiding duplication of assessment.

(5) In order to ensure the completeness and quality of the environmental statement—

(a) the developer must ensure that the environmental statement is prepared by competent experts; and

(b) the environmental statement must be accompanied by a statement from the developer outlining the relevant expertise or qualifications of such experts.

Section 19 Procedure where an environmental statement is submitted to a local planning authority

(1) An applicant who makes an EIA application must submit to the relevant planning authority an additional copy of the environmental statement for transmission to the Secretary of State.

(2) If, at the same time as serving the environmental statement on the relevant planning authority under paragraph (1) the applicant serves a copy of the environmental statement on any other body, the applicant must—

(a) serve with it a copy of the application and any plan submitted with the application (unless these have already been provided to the body in question);

(b) inform the body that representations may be made to the relevant planning authority; and

(c) inform the authority of the name of each body so served and of the date of service.

(3) When a relevant planning authority receives an environmental statement in connection with an EIA application under paragraph (1), the relevant planning authority must—

(a) send to the Secretary of State, within 14 days of receipt of the statement, a copy of the statement and a copy of the application and of any documents submitted with the application;

(b) inform the applicant of the number of copies required to enable the authority to comply with sub-paragraph (c);

(c) forward to any consultation body which has not received a copy directly from the applicant a copy of the environmental statement and inform any such consultation body that they may make representations; and

(d) where the relevant planning authority is aware of any particular person who is or is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, send a notice to such person containing the details set out in regulation 20(2)(b) to (k) and the name and address of the relevant planning authority.

(4) The applicant must send the copies required for the purposes of paragraph (3)(c) to the relevant planning authority.

(5) Where an applicant submits an environmental statement to the relevant planning authority under paragraph (1), the provisions of articles 15 and 16 of, and Schedule 3 to, the Order (publicity for applications for planning permission) apply to a subsequent application as they apply to an application for planning permission except that in the relevant requisite notice in Schedule 3 to the Order for the reference to—

(i) “application for planning permission” there is substituted “ application for subsequent consent ” ; and

(ii) “planning permission to” there is substituted “subsequent application in respect of”.

(6) The relevant planning authority must not determine the EIA application until the expiry of 30 days from the last date on which a copy of the statement was served in accordance with this regulation.

(7) For the purpose of this regulation references (however expressed) to—

(a) serving, submitting, sending or forwarding the environmental statement, or any other documents required under this regulation, includes serving, submitting, sending or forwarding that statement by electronic means; and

(b) an address includes an email address.

Section 19A Exceptions to requirements in relation to publication of notice, inspection of copies and availability of copies for the period from 24th December 2020 to 31st December 2021

(1) Paragraphs (2) to (4) apply during the period beginning with 24th December 2020 and ending with 31st December 2021 if—

(a) a relevant planning authority is required to provide notice to a person under regulation 19(3)(d), and

(b) the relevant planning authority is not able to do one or more of the following—

(i) make a copy of the documents referred to in regulation 20(2)(d) available at an address in the locality under regulation 20(2)(e);

(ii) make a copy of the documents referred to in regulation 20(2)(d) available at an address in the locality under regulation 20(2)(g),

because it is not reasonably practicable to do so for reasons connected to the effects of coronavirus, including restrictions on movement.

(2) In a case falling within paragraph (1) the relevant planning authority must take reasonable steps to inform the person to whom notice must be given under regulation 19(3)(d) of the following information contained in a notice—

(a) a statement that an application is being made for planning permission or subsequent consent to the relevant planning authority;

(b) the name and address of the relevant planning authority;

(c) the date on which the application was made;

(d) (if relevant) a statement that the application has been referred to the Secretary of State for determination or is the subject of an appeal to the Secretary of State and the address of the Secretary of State;

(e) the address or location and the nature of the proposed development;

(f) a statement that—

(i) a copy of the application for planning permission, any accompanying plan and other documents, and a copy of the environmental statement; and

(ii) in the case of a subsequent application, a copy of the planning permission in respect of which that subsequent application has been made and supporting documents,

may be inspected by members of the public on a website (“the website”) maintained by or on behalf of the authority;

(g) details of the website on which the environmental statement and the other documents referred to in sub-paragraph (f)(i) and (ii) have been made available under article 15(7) of the Order;

(h) a statement that the information mentioned in sub-paragraph (f)(i) and (ii) will be available to be inspected by the public on the website for 30 days beginning with the day on which both—

(i) that information is published on the website; and

(ii) a statement is made under sub-paragraph (i);

(i) a statement that any representations to be made by a person about the application must—

(i) be made in writing;

(ii) be submitted before the expiry of the 30 days mentioned in sub-paragraph (h); and

(iii) be submitted to the relevant planning authority, or in the case of an appeal or an application referred to the Secretary of State, to the Secretary of State; and

(j) the email address to which representations should be sent.

(3) Regulation 19(7) applies to a notice under paragraph (2).

(4) If the relevant planning authority complies with the requirements set out in paragraph (2) that authority is treated as having discharged the obligation set out in regulation 19(3)(d).

Section 20 Publicity where an environmental statement is submitted after the planning application

(1) Where an application for planning permission or a subsequent application has been made without an environmental statement and the applicant proposes to submit such a statement, the applicant must, before submitting it, comply with paragraphs (2) to (5).

(2) The applicant must publish in a local newspaper circulating in the locality in which the land is situated a notice stating—

(a) the applicant's name, that an application is being made for planning permission or subsequent consent to the relevant planning authority or the Secretary of State, and the name and address of the relevant planning authority or (in the case of an application made to the Secretary of State) the name and address of the Secretary of State;

(b) the date on which the application was made and, if it be the case, that it has been made or referred to the Secretary of State for determination or is the subject of an appeal to the Secretary of State;

(c) the address or location and the nature of the proposed development;

(d) that—

(i) a copy of the application for planning permission, any accompanying plan and other documents, and a copy of the environmental statement, and

(ii) in the case of a subsequent application, a copy of the planning permission in respect of which that subsequent application has been made and supporting documents,

may be inspected by members of the public at all reasonable hours;

(e) an address in the locality in which the land is situated at which those documents may be inspected, and the latest date on which they will be available for inspection (being a date not less than 30 days later than the date on which the notice is published);

(f) details of a website maintained by or on behalf of the authority or, as the case may be, the Secretary of State, on which the environmental statement and the other documents referred to in sub-paragraph (d) have been made available in accordance with paragraph (7), and the latest date on which they will be available for access (being a date not less than 30 days later than the date on which the notice is published);

(g) an address (whether or not the same as that given under sub-paragraph (e)) in the locality in which the land is situated at which copies of the statement may be obtained;

(h) that copies of the statement may be obtained there so long as stocks last;

(i) if a charge is to be made for a copy, the amount of the charge;

(j) that any person wishing to make representations about the application should make them in writing, before the latest date named in accordance with sub-paragraph (e) or (f), to the relevant planning authority or (in the case of an application made or referred to the Secretary of State, or of an appeal) to the Secretary of State; and

(k) the address to which representations should be sent.

(3) An applicant who is notified under regulation 11(2), 12(5), 13(5) or 14(6) of such a person as mentioned in any of those provisions must serve a notice on every such person; and the notice must contain the information specified in paragraph (2).

(4) The applicant must post on the land a notice containing the information specified in paragraph (2), but this provision does not apply if the applicant has not, and is not reasonably able to acquire, such rights as would enable the applicant to comply.

(5) The notice mentioned in paragraph (4) must—

(a) be left in position for not less than 7 days in the 28 days immediately preceding the date of the submission of the statement; and

(b) be affixed firmly to some object on the land and sited and displayed in such a way as to be easily visible to, and readable by, members of the public without going on to the land.

(6) The environmental statement, when submitted, must be accompanied by—

(a) a copy of the notice mentioned in paragraph (2) certified by or on behalf of the applicant as having been published in accordance with paragraph (2); and

(b) a certificate by or on behalf of the applicant which states either—

(i) that a notice was posted on the land in compliance with this regulation, when this was done, and that the notice was left in position for not less than 7 days of the 28 days immediately preceding the date of the submission of the environmental statement, or that, without any fault or intention on the applicant's part, it was removed, obscured or defaced before 7 days had elapsed and the applicant took reasonable steps for its protection or replacement, specifying the steps taken; or

(ii) that the applicant was unable to comply with paragraphs (4) and (5) because the applicant did not have the necessary rights to do so; that any reasonable steps available to acquire those rights have been taken but unsuccessfully, specifying the steps taken.

(7) The relevant planning authority or, in the case of an application made under section 293B or 293D of the Act, the Secretary of State, must make the environmental statement available for inspection on a website maintained by or on behalf of the authority or, as the case may be, the Secretary of State .

(8) Where an applicant indicates that it is proposed to provide an environmental statement in the circumstances mentioned in paragraph (1), the relevant planning authority, the Secretary of State or the inspector, as the case may be, must (unless disposed to refuse the permission or subsequent consent sought) suspend consideration of the application or appeal until receipt of the environmental statement and the other documents mentioned in paragraph (6); and must not determine it during the period of 30 days beginning with the last date on which the environmental statement and the other documents so mentioned are published in accordance with this regulation.

(9) Where it is proposed to submit an environmental statement in connection with an appeal, this regulation applies as if for references to the applicant there were substituted references to the appellant.

(10) The requirement in paragraph (2) to publish a notice in a local newspaper and the requirement in paragraph (6)(a) do not apply to the Isles of Scilly and, in relation to the Isles of Scilly, the reference in paragraph (8) to paragraph (6) must be construed as a reference to paragraph (6)(b).

(11) Paragraph (12) applies if—

(a) an application for planning permission or a subsequent application has been made without an environmental statement and the applicant for that application proposes to submit such a statement; and

(b) that applicant is not able to comply with the requirement to—

(i) post a notice under paragraph (4); or

(ii) publish a notice in a local newspaper under paragraph (2),

because it is not reasonably practicable to do so for reasons connected to the effects of coronavirus, including restrictions on movement.

(12) In a case falling within paragraph (11), the requirements of paragraph (1) do not apply and the applicant must, before submitting an environmental statement, comply with paragraphs (13) and (14).

(13) The applicant must take reasonable steps to inform persons who are likely to have an interest in the planning application of the following information contained in a notice—

(a) the applicant’s name;

(b) a statement that an application is being made for planning permission or subsequent consent to the relevant planning authority;

(c) the name and address of the relevant planning authority;

(d) the date on which the application was made;

(e) (if relevant) a statement that the application has been referred to the Secretary of State for determination or is the subject of an appeal to the Secretary of State;

(f) the address or location, and the nature of the proposed development;

(g) a statement that—

(i) a copy of the application for planning permission, any accompanying plan and other documents, and a copy of the environmental statement; and

(ii) in the case of a subsequent application, a copy of the planning permission in respect of which that subsequent application has been made and supporting documents,

may be inspected by members of the public on a website maintained by or on behalf of the authority (“the website”);

(h) details of the website on which the environmental statement and the other documents referred to in sub-paragraph (g) have been made available under paragraph (7);

(i) a statement that the information mentioned in sub-paragraph (g)(i) and (ii) will be available to be inspected by the public on the website for 30 days beginning with the day on which both—

(i) that information is published on the website; and

(ii) a statement is made under sub-paragraph (g);

(j) a statement that any representations to be made by a person about the application must—

(i) be made in writing;

(ii) be submitted before the expiry of the 30 days mentioned in sub-paragraph (i); and

(iii) be submitted to the relevant planning authority or, in the case of an appeal or an application referred to the Secretary of State, to the Secretary of State; and

(k) the email address to which representations must be sent.

(14) If an applicant is notified under regulation 11(2), 12(5), 13(5) or 14(6) about any particular person as described in those regulations that applicant must serve a notice on that person containing the information specified in paragraph (13).

(15) In paragraph (13)—

(a) the persons who are likely to have an interest in a planning application must include the persons who live or work in, or otherwise have a direct connection with, the area in which the proposed development is located; and

(b) the reasonable steps that are taken by the applicant—

(i) may include use of social media and communication by electronic means;

(ii) must include posting on the site a notice containing the information set out in paragraph (13), or publishing in a local newspaper circulating in the locality in which the land is situated a notice containing the information set out in that paragraph, to the extent that it is reasonably practicable to so; and

(iii) must be proportionate to the scale and impact of the development.

(16) In a case falling within paragraph (11), the requirements of paragraph (6) do not apply and the environmental statement, when submitted, must be accompanied by—

(a) a copy of the information that is required to be provided under paragraph (13) and a statement made by or on behalf of the applicant confirming that information has been published in accordance with this regulation; and

(b) a statement made by or on behalf of the applicant which states the steps that were taken to bring the planning application to the attention of people who live or work in, or otherwise have a direct connection with, the area in which the proposed development is located.

(17) Where an applicant indicates that it is proposed to provide an environmental statement in the circumstances mentioned in paragraph (11), the requirements of paragraph (8) do not apply, and the relevant planning authority, the Secretary of State or the inspector, as the case may be, must (unless disposed to refuse the permission or subsequent consent sought) suspend consideration of the application or appeal until receipt of the environmental statement and the other documents mentioned in paragraph (16), and must not determine it during the period of 30 days beginning with the last date on which the environmental statement and the other documents so mentioned are published in accordance with this regulation.

Section 21 Provision of copies of environmental statements, any other information and further information for the Secretary of State on referral or appeal

Where an applicant for planning permission or subsequent consent has submitted to the relevant planning authority in connection with that application an environmental statement, any other information or further information, and—

(a) the application is referred to the Secretary of State under section 77 of the Act (reference of applications to Secretary of State); or

(b) the applicant appeals under section 78 of the Act (right to appeal against planning decisions and failure to take such decisions),

the applicant must supply the Secretary of State with a copy of the environmental statement and, where relevant, any other information or further information unless, in the case of a referred application, the relevant planning authority has already done so.

Section 22 Procedure where an environmental statement is submitted to the Secretary of State

(1) This regulation applies where an applicant submits an environmental statement to the Secretary of State in relation to an EIA application which is before the Secretary of State or an inspector for determination or is the subject of an appeal to the Secretary of State.

(2) The applicant or appellant must submit 2 copies of the environmental statement to the Secretary of State who must send a copy to the relevant planning authority.

(3) An applicant or appellant who submits an environmental statement to the Secretary of State may provide a copy of it to any other body, and if so must comply with regulation 19(2)(a) and (b) as if the reference in regulation 19(2)(b) to the relevant planning authority were a reference to the Secretary of State, and inform the Secretary of State of the matters mentioned in regulation 19(2)(c).

(4) The Secretary of State must comply with regulation 19(3) (except sub-paragraph (a) of that regulation) and the applicant or appellant must comply with regulation 19(4), as if—

(a) references in those provisions to the relevant planning authority were references to the Secretary of State; and,

(b) in the case of an appeal, references to the applicant were references to the appellant,

and the Secretary of State or the inspector must comply with regulation 19(6) as if it referred to the Secretary of State or the inspector instead of to the relevant planning authority.

Section 23 Availability of copies of environmental statements

An applicant for planning permission or subsequent consent, or an appellant, who submits an environmental statement in connection with an application or appeal, must ensure that a reasonable number of copies of the statement are available at the address named in the notices published or posted pursuant to article 15 of the Order, articles 13 and 14 of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013 , article 16 of the Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025, article 9 of the Town and Country Planning (Crown Development) (Urgent Applications) (Procedure) (England) Order 2025 or regulation 20.

Section 23A Exception to requirement to ensure availability of copies of environmental statements

(1) Paragraph (2) applies —

(a) in a case that falls within article 15 of the Order or regulation 20;

(b) in a case to which regulation 23 applies; and

(c) if an applicant for planning permission or subsequent consent, or an appellant, who submits an environmental statement in connection with an application or appeal is not able to make copies of an environmental statement available at a named address because it is not reasonably practicable to do so for reasons connected to the effects of coronavirus, including restrictions on movement.

(2) In a case falling within paragraph (1)(c), the applicant or appellant must—

(a) ensure that the any notices required under article 15 of the Order or regulation 20 state that the environmental statement is available on a website under that provision; and

(b) take reasonable steps to inform any persons who are likely to have an interest in the application or appeal to which the environmental statement relates, that the environmental statement is available on that website.

(3) In paragraph (2)—

(a) the persons who are likely to have an interest in a planning application must include the persons who live or work in, or otherwise have a direct connection with, the area in which the proposed development is located; and

(b) the reasonable steps that are taken—

(i) may include use of social media and communication by electronic means; and

(ii) must be proportionate to the scale and impact of the development.

(4) If the applicant or appellant complies with the requirements set out in paragraph (2) that applicant is treated as having discharged the obligation set out in regulation 23.

(5) Where, in relation to an application to which article 15 of the Order applies, an applicant notifies the local planning authority under paragraph (2)(a) that any notices required under that article must state that the environmental statement is available on a website under that article, the authority is discharged from the requirement to provide an address where copies of the environmental statement can be obtained when that authority gives requisite notice under article 15.

Section 24 Charges for copies of environmental statements

A reasonable charge reflecting printing and distribution costs may be made to a member of the public for a copy of an environmental statement made available in accordance with regulation 23.

Section 25 Further information and evidence respecting environmental statements

(1) If a relevant planning authority, the Secretary of State or an inspector is dealing with an application or appeal, as the case may be, in relation to which the applicant or appellant has submitted an environmental statement, and are of the opinion that, in order to satisfy the requirements of regulation 18(3) and (4) , it is necessary for the statement to be supplemented with additional information which is directly relevant to reaching a reasoned conclusion on the likely significant effects of the development described in the application in order to be an environmental statement, the relevant planning authority, Secretary of State or inspector as the case may be must notify the applicant or appellant in writing accordingly, and the applicant or appellant must provide that additional information; and such information provided by the applicant or appellant is referred to in these Regulations as “ further information ”.

(2) Subject to regulations 25A and 25B, paragraphs (3) to (11) apply in relation to further information and any other information except in so far as the further information and any other information is provided for the purposes of an inquiry or hearing held under the Act and the request for the further information made pursuant to paragraph (1) stated that it was to be provided for such purposes.

(3) The recipient of further information pursuant to paragraph (1) or any other information must publish in a local newspaper circulating in the locality in which the land is situated a notice stating—

(a) the name of the applicant for planning permission or subsequent consent or the appellant (as the case may be) and the name and address of the relevant planning authority;

(b) the date on which the application was made and, if it be the case, that it has been referred to the Secretary of State for determination or is the subject of an appeal to the Secretary of State;

(c) in the case of a subsequent application, sufficient information to enable the planning permission for the development to be identified;

(d) the address or location and the nature of the proposed development;

(e) that further information or any other information is available in relation to an environmental statement which has already been provided;

(f) that a copy of the further information or any other information and of any environmental statement which relates to any application for planning permission or subsequent application may be inspected by members of the public at all reasonable hours;

(g) an address in the locality in which the land is situated at which the further information or any other information may be inspected and the latest date on which it will be available for inspection (being a date not less than 30 days later than the date on which the notice is published);

(h) details of a website maintained by or on behalf of the relevant planning authority or, as the case may be, the Secretary of State, on which the further information or any other information may be inspected in accordance with paragraph (9) , and the latest date on which they will be available for access (being a date not less than 30 days later than the date on which the notice is published);

(i) an address (whether or not the same as that given pursuant to sub-paragraph (g)) in the locality in which the land is situated at which copies of the further information or any other information may be obtained;

(j) that copies may be obtained there so long as stocks last;

(k) if a charge is to be made for a copy, the amount of the charge;

(l) that any person wishing to make representations about the further information or any other information should make them in writing, before the latest date specified in accordance with sub-paragraph (g) or (h), to the relevant planning authority, the Secretary of State or the inspector (as the case may be); and

(m) the address to which representations should be sent.

(4) The recipient of the further information or any other information must send a copy of it to each person to whom, in accordance with these Regulations, the statement to which it relates was sent.

(5) Where the recipient of the further information or any other information is the relevant planning authority they must send to the Secretary of State a copy of the further information or any other information.

(6) The recipient of the further information may by notice in writing require the applicant or appellant to provide such number of copies of the further information or any other information as is specified in the notice (being the number required for the purposes of paragraph (4) or (5)).

(7) Where further information is requested under paragraph (1) or any other information is provided, the relevant planning authority, the Secretary of State or the inspector, as the case may be, must suspend determination of the application or appeal, and must not determine it before the expiry of 30 days after the latest of—

(a) the date on which the further information or any other information was sent to all persons to whom the statement to which it relates was sent;

(b) the date that notice of it was published in a local newspaper; or

(c) the date that notice of it was published on a website.

(8) The applicant or appellant who provides further information, or any other information, in accordance with paragraph (1) must—

(a) ensure that a reasonable number of copies of the information are available at the address named in the notice published pursuant to paragraph (3) at the address at which such copies may be obtained; and

(b) take any reasonable steps required by the relevant planning authority to ensure that copies of the further information or any other information are made available for access on the website referred to in the notice published pursuant to paragraph (3).

(9) The relevant planning authority or, in the case of an application made under section 293B or 293D of the Act, the Secretary of State, must make the further information or any other information available for inspection on a website maintained by or on behalf of the authority or, as the case may be, the Secretary of State .

(10) A reasonable charge reflecting printing and distribution costs may be made to a member of the public for a copy of the further information or any other information made available in accordance with paragraph (8)(a).

(11) The relevant planning authority, the Secretary of State or an inspector may in writing require an applicant or appellant to produce such evidence as they may reasonably call for to verify any information in the environmental statement.

(12) Paragraphs (13) to (22) apply if the recipient of further information pursuant to paragraph (1) or any other information is not able to do one or more of the following—

(a) publish a notice in a local newspaper circulating in the locality under paragraph (3);

(b) make copies of the further information or any other information, or any environmental statement which relates to any application for planning permission or subsequent application, available for inspection at an address in the locality in which the land is situated, under paragraph (3); or

(c) make copies of the further information or any other information available to be obtained at an address in the locality in which the land is situated, under paragraph (8)(a);

because it is not reasonably practicable to do so for reasons connected with the effects of coronavirus, including restrictions on movement.

(13) In a case falling within paragraph (12), the recipient of further information pursuant to paragraph (1) or any other information must take reasonable steps to inform persons who are likely to have an interest in the planning application of the following information contained in a notice stating—

(a) the name of the applicant for planning permission or subsequent consent or the appellant (as the case may be) and the name and address of the relevant planning authority;

(b) the date on which the application was made and, if it has been referred to the Secretary of State for determination or is the subject of an appeal to the Secretary of State;

(c) in the case of a subsequent application, sufficient information to enable the planning permission for the development to be identified;

(d) the address or location and the nature of the proposed development;

(e) a statement that further information or any other information is available in relation to an environmental statement which has already been provided;

(f) details of a website maintained by or on behalf of the relevant planning authority on which the further information or any other information may be inspected;

(g) a statement that the information mentioned in sub-paragraph (f) is available to be inspected by the public on that website for 30 days beginning with the day on which that information was published on that website;

(h) a statement that any representations to be made by a person about the further information or any other information must—

(i) be made in writing;

(ii) be submitted before the expiry of the 30 days mentioned in sub-paragraph (g); and

(iii) be submitted to the relevant planning authority, the Secretary of State or the inspector (as the case may be); and

(i) the email address to which representations must be sent.

(14) The recipient of the further information or any other information must send a copy of it to each person to whom, in accordance with these Regulations, the statement to which it relates was sent.

(15) If the recipient of the further information or any other information is the relevant planning authority they must send a copy of the further information or any other information to the Secretary of State.

(16) In paragraph (13)—

(a) the persons who are likely to have an interest in a planning application must include the persons who live or work in, or otherwise have a direct connection with, the area in which the proposed development is located; and

(b) the reasonable steps that are taken—

(i) may include use of social media and communication by electronic means;

(ii) must include publishing in a local newspaper circulating in the locality in which the land is situated a notice containing the information set out in paragraph (13), to the extent that it is reasonably practicable to so; and

(iii) must be proportionate to the scale and impact of the development.

(17) Where further information is requested under paragraph (1) or any other information is provided, the relevant planning authority, the Secretary of State or the inspector, (as the case may be), must suspend determination of the application or appeal, and must not determine the application or appeal until the relevant time has elapsed.

(18) In paragraph (18) the “relevant time” means 30 days after—

(a) the date on which the further information or any other information was sent to all persons to whom the statement to which it relates was sent; or

(b) the date that notice of it was published on a website;

whichever is the later.

(19) The applicant or appellant who provides further information, or any other information, under paragraph (1) must take reasonable steps to ensure that copies of the further information or any other information are made available for access on the website referred to in the notice that is required under paragraph (13).

(20) The relevant planning authority must make the further information or any other information available for inspection on a website maintained by or on its behalf.

(21) The relevant planning authority, the Secretary of State or an inspector may require an applicant or appellant to produce such evidence as they may reasonably request to verify information contained in the environmental statement.

(22) For the purpose of paragraphs (14) and (15), references to sending of further information or any other information includes sending by electronic means.

Section 25A Exceptions to requirements in relation to publication of notice, inspection of copies and availability of copies for the period from 24th December 2020 to 30th June 2021

(1) Paragraphs (2) to (11) apply where during the period beginning with 24th December 2020 and ending with 30th June 2021 a recipient of further information pursuant to regulation 25(1) or any other information is not able to do one or more of the following—

(a) publish a notice in a local newspaper circulating in the locality under regulation 23(3);

(b) make copies of the further information or any other information, or any environmental statement which relates to an application for planning permission or subsequent application, available for inspection at an address in the locality in which the land is situated, under regulation 25(3); or

(c) make copies of further information or any other information available to be obtained at an address in the locality in which the land is situated, under regulation 25(8)(a),

because it is not reasonably practicable to do so for reasons connected with the effects of coronavirus, including restrictions on movement.

(2) In a case falling within paragraph (1), the recipient of the further information pursuant to regulation 25(1) or any other information, must take reasonable steps to inform persons who are likely to have an interest in the planning application of the following information contained in a notice—

(a) the name of the applicant for planning permission or subsequent consent or the appellant (as the case may be) and the name and address of the relevant planning authority;

(b) the date on which the application was made and, if it has been referred to the Secretary of State for determination or is the subject of an appeal to the Secretary of State;

(c) in the case of a subsequent application, sufficient information to enable the planning permission for the development to be identified;

(d) the address or location and the nature of the proposed development;

(e) a statement that further information or any other information is available in relation to an environmental statement which has already been provided;

(f) details of a website maintained by or on behalf of the relevant planning authority on which the further information or any other information may be inspected;

(g) a statement that the information mentioned in sub-paragraph (f) is available to be inspected by the public on that website for 30 days beginning with the day on which that information was published on that website;

(h) a statement that any representations to be made by a person about the further information or any other information must—

(i) be made in writing;

(ii) be submitted before the expiry of the 30 days mentioned in sub-paragraph (g); and

(iii) be submitted to the relevant planning authority, the Secretary of State or the inspector (as the case may be); and

(i) the email address to which representations must be sent.

(3) The recipient of the further information or any other information must send a copy of it to each person to whom, in accordance with these Regulations, the statement to which it relates was sent.

(4) If the recipient of the further information or any other information is the relevant planning authority they must send a copy of the further information or any other information to the Secretary of State.

(5) In paragraph (2)—

(a) the persons who are likely to have an interest in a planning application must include the persons who live or work in, or otherwise have a direct connection with, the area in which the proposed development is located; and

(b) the reasonable steps that are taken—

(i) may include use of social media and communication by electronic means;

(ii) must include publishing in a local newspaper circulating in the locality in which the land is situated a notice containing the information set out in paragraph (2), to the extent that it is reasonably practicable to do so; and

(iii) must be proportionate to the scale and impact of the development.

(6) Where further information is requested under regulation 25(1) or any other information is provided, the relevant planning authority, the Secretary of State or the inspector, (as the case may be), must suspend determination of the application or appeal, and must not determine the application or appeal until the relevant time has elapsed.

(7) In paragraph (6) the “relevant time” means 30 days after—

(a) the date on which the further information or any other information was sent to all persons to whom the statement to which it relates was sent; or

(b) the date that notice of it was published on a website,

whichever is the later.

(8) The applicant or appellant who provides further information, or any other information, under regulation 25(1) must take reasonable steps to ensure that copies of the further information or any other information are made available for access on the website referred to in the notice that is required under paragraph (2).

(9) The relevant planning authority must make the further information or any other information available for inspection on a website maintained by or on its behalf.

(10) The relevant planning authority, the Secretary of State or an inspector may require an applicant or appellant to produce such evidence as they may reasonably request to verify information contained in the environmental statement.

(11) For the purpose of paragraphs (3) and (4), references to sending of further information or any other information includes sending by electronic means.

Section 25B Exceptions to requirements in relation to inspection of copies and availability of copies for the period from 1st July 2021 to 31st December 2021

(1) Paragraphs (2) to (9) apply where, during the period beginning with 1st July 2021 and ending with 31st December 2021 a recipient of further information pursuant to regulation 25(1) or any other information is not able to do one or both of the following—

(a) make copies of the further information or any other information or any environmental statement which relates to an application for permission or subsequent application, available for inspection at an address in the locality in which the land is situated, under regulation 25(3); or

(b) make copies of the further information available to be obtained at an address in the locality in which the land is situated, under regulation 25(3),

because it is not reasonably practicable to do so for reasons connected with the effect of coronavirus, including restrictions on movement.

(2) In a case falling within paragraph (1), the recipient of the further information pursuant regulation 25(1) or any other information, must publish in a local newspaper circulating in the locality in which the land is situated a notice stating—

(a) the name of the applicant for planning permission or subsequent consent or the appellant (as the case may be) and the name and address of the relevant planning authority;

(b) the date on which the application was made and, if it has been referred to the Secretary of State for determination or is the subject of an appeal to the Secretary of State;

(c) in the case of a subsequent application, sufficient information to enable the planning permission for the development to be identified;

(d) the address or location and the nature of the proposed development;

(e) a statement that further information or any other information is available in relation to an environmental statement which has already been provided;

(f) details of a website maintained by or on behalf of the relevant planning authority on which the further information or any other information may be inspected;

(g) a statement that the information mentioned in sub-paragraph (f) is available to be inspected by the public on that website for 30 days beginning with the day on which that information was published on that website;

(h) a statement that any representations to be made by a person about the further information or any other information must—

(i) be made in writing;

(ii) be submitted before the expiry of the 30 days mentioned in sub-paragraph (g); and

(iii) be submitted to the relevant planning authority, the Secretary of State or the inspector (as the case may be); and

(i) the email address to which representations must be sent.

(3) The recipient of the further information or any other information must send a copy of it to each person to whom, in accordance with these Regulations, the statement to which it relates was sent.

(4) If the recipient of the further information or any other information is the relevant planning authority they must send a copy of the further information or any other information to the Secretary of State.

(5) Where further information is requested under regulation 25(1) or any other information is provided, the relevant planning authority, the Secretary of State or the inspector, (as the case may be), must suspend determination of the application or appeal, and must not determine it before the expiry of 30 days after the latest of—

(a) the date on which the further information or any other information was sent to all persons to whom the statement to which it relates was sent;

(b) the date that notice of it was published in a local newspaper; or

(c) the date that notice of it was published on a website.

(6) The applicant or appellant who provides further information, or any other information, under regulation 25(1) must take reasonable steps to ensure that copies of the further information or any other information are made available for access on the website referred to in the notice that is required under paragraph (2).

(7) The relevant planning authority must make the further information or any other information available for inspection on a website maintained by or on its behalf.

(8) The relevant planning authority, the Secretary of State or an inspector may require an applicant or appellant to produce such evidence as they may reasonably request to verify information contained in the environmental statement.

(9) For the purpose of paragraphs (3) and (4) references to sending of further information or any other information includes sending by electronic means.

Section 26 Consideration of whether planning permission or subsequent consent should be granted

(1) When determining an application or appeal in relation to which an environmental statement has been submitted, the relevant planning authority, the Secretary of State or an inspector, as the case may be, must—

(a) examine the environmental information;

(b) reach a reasoned conclusion on the significant effects of the proposed development on the environment, taking into account the examination referred to in sub-paragraph (a) and, where appropriate, their own supplementary examination;

(c) integrate that conclusion into the decision as to whether planning permission or subsequent consent is to be granted; and

(d) if planning permission or subsequent consent is to be granted, consider whether it is appropriate to impose monitoring measures.

(2) The relevant planning authority, the Secretary of State or the inspector, as the case may be, must not grant planning permission or subsequent consent for EIA development unless satisfied that the reasoned conclusion referred to in paragraph (1)(b) is up to date, and a reasoned conclusion is to be taken to be up to date if, in the opinion of the relevant planning authority, the Secretary of State or the inspector, as the case may be, it addresses the significant effects of the proposed development on the environment that are likely to arise as a result of the proposed development.

(3) When considering whether to impose a monitoring measure under paragraph (1)(d), the relevant planning authority, the Secretary of State or inspector, as appropriate, must—

(a) if monitoring is considered to be appropriate, consider whether to make provision for potential remedial action;

(b) take steps to ensure that the type of parameters to be monitored and the duration of the monitoring are proportionate to the nature, location and size of the proposed development and the significance of its effects on the environment; and

(c) consider, in order to avoid duplication of monitoring, whether any existing monitoring arrangements carried out in accordance with an obligation under the law of any part of the United Kingdom, other than under any law that implemented the Directive, are more appropriate than imposing a monitoring measure.

(4) In cases where no statutory timescale is in place the decision of the relevant authority or the Secretary of State, as the case may be, must be taken within a reasonable period of time, taking into account the nature and complexity of the proposed development, from the date on which the relevant authority or the Secretary of State has been provided with the environmental information.

Section 27 Co-ordination

(1) Where in relation to EIA development there is, in addition to the requirement for an EIA to be carried out in accordance with these Regulations, also a requirement to carry out a Habitats Regulation Assessment, the relevant planning authority or the Secretary of State, as the case may be, must, where appropriate, ensure that the Habitats Regulation Assessment and the EIA are co-ordinated.

(2) In this regulation, a “ Habitats Regulation Assessment ” means an assessment under regulation 63 of the Conservation of Habitats and Species Regulations 2017 (assessment of implications for European sites and European offshore marine sites).

Section 28 Availability of opinions, directions etc for inspection

(1) Where particulars of an application for planning permission or of a subsequent application are placed on Part 1 of the register, the relevant planning authority must take steps to secure that there is also placed on that Part a copy of any relevant—

(a) screening opinion;

(b) screening direction;

(c) scoping opinion;

(d) scoping direction;

(e) notification given under regulation 11(2), 12(5), 13(5) or 14(6);

(f) direction under regulation 63;

(g) environmental statement, including any further information and any other information; and

(h) statement of reasons accompanying any of the above.

(2) Where the relevant planning authority adopts a screening opinion or scoping opinion, or receives a request under regulation 15(1) or 16(1), a copy of a screening direction, scoping direction, or direction under regulation 63 before an application is made for planning permission or subsequent consent for the development in question, the relevant planning authority must take steps to secure that a copy of the opinion, request, or direction and any accompanying statement of reasons is made available for public inspection at all reasonable hours at the place where the appropriate register (or relevant part of that register) is kept, and copies of those documents must remain so available for a period of 2 years.

Section 29 Information to accompany decisions

(1) Where an EIA application or appeal in relation to which an environmental statement has been submitted is determined by a relevant planning authority, the Secretary of State or an inspector, as the case may be, the person making that determination must provide the developer with the information specified in paragraph (2).

(2) The information is—

(a) information regarding the right to challenge the validity of the decision and the procedures for doing so; and

(b) if the decision is—

(i) to grant planning permission or subsequent consent—

(aa) the reasoned conclusion of the relevant planning authority or the Secretary of State, as the case may be, on the significant effects of the development on the environment, taking into account the results of the examination referred to in regulation 26(1)(a) and (b);

(bb) any conditions to which the decision is subject which relate to the likely significant environmental effects of the development on the environment;

(cc) a description of any features of the development and any measures envisaged in order to avoid, prevent, reduce and, if possible, offset, likely significant adverse effects on the environment; and

(dd) any monitoring measures considered appropriate by the relevant planning authority or the Secretary of State, as the case may be; or

(ii) to refuse planning permission or subsequent consent, the main reasons for the refusal.

Section 30 Duty to inform the public and the Secretary of State of final decisions

(1) Where an EIA application is determined by a local planning authority, the authority must promptly—

(a) inform the Secretary of State of the decision in writing;

(b) inform the consultation bodies of the decision in writing;

(c) inform the public of the decision, by local advertisement, or by such other means as are reasonable in the circumstances; and

(d) make available for public inspection at the place where the appropriate register (or relevant part of that register) is kept a statement containing—

(i) details of the matters referred to in regulation 29(2);

(ii) the main reasons and considerations on which the decision is based including, if relevant, information about the participation of the public; and

(iii) a summary of the results of the consultations undertaken, and information gathered, in respect of the application and how those results (in particular, in circumstances where regulation 58 applies, the comments received from an EEA State pursuant to consultation under that regulation) have been incorporated or otherwise addressed.

(2) Where an EIA application or appeal is determined by the Secretary of State or an inspector, the Secretary of State must—

(a) notify the relevant planning authority of the decision; and

(b) provide the authority with such a statement as is mentioned in paragraph (1)(d).

(3) The relevant authority must, as soon as reasonably practicable after receipt of a notification under paragraph (2)(a), comply with sub-paragraph (b) to (d) of paragraph (1) in relation to the decision so notified as if it were a decision of the authority.

Section 31 New simplified planning zone schemes or enterprise zone orders

No—

(a) adoption or approval of a simplified planning zone scheme ;

(b) order designating an enterprise zone made ; or

(c) approval of a modified scheme in relation to an enterprise zone,

shall grant planning permission for EIA development, but it may grant planning permission for Schedule 2 development where that grant is made subject to the prior adoption of a screening opinion or to the prior making of a screening direction that the particular proposed development is not EIA development.

Section 32 Local development orders

(1) This regulation applies in relation to Schedule 2 development for which a local planning authority proposes to grant planning permission by local development order.

(2) Where this regulation applies, the local planning authority must not make a local development order unless it has prepared the information referred to in regulation 6(2) in accordance with regulation 6(4) and adopted a screening opinion, or the Secretary of State has made a screening direction; and regulation 5 shall apply in relation to that screening with the following modifications.

(3) In regulation 5—

(a) paragraph (2)(a) shall not apply;

(b) in paragraph (2)(b) for “relevant” substitute “ local ” ;

(c) in paragraph (4)(a) for “provided by the applicant” substitute “ prepared by the local planning authority in accordance with regulation 32(2) ” ; and

(d) in paragraph (12) for “relevant” substitute “ local ” ;

(4) Paragraphs (5) and (6) apply where—

(a) the local planning authority adopts a screening opinion; or

(b) the Secretary of State makes a screening direction under these Regulations,

to the effect that the development is EIA development.

(5) The local planning authority must not make a local development order which would grant planning permission for EIA development unless—

(a) an environmental statement has been prepared in relation to that development; and

(b) the EIA has been carried out in respect of that development.

(6) In a case to which this regulation applies these Regulations apply subject to the following modifications—

(a) in regulation 2(1), in the definition of “any other information” for “applicant or the appellant as the case may be” substitute “ local planning authority ” ;

(b) regulations 3, 6 to 14, 17, 21 and 22 shall not apply;

(c) in regulation 15—

(i) for paragraph (1) substitute—

(1) Where a proposed local development order is EIA development, the local planning authority may state in writing its opinion as to the scope and level of detail of the information to be provided in the environmental statement (“a scoping opinion”).

(ii) in paragraph (2) for “A request under paragraph (1) must include—” substitute “ Before issuing an opinion in accordance with paragraph (1) the local planning authority must prepare— ” ;

(iii) in paragraph (2)(a) omit “in relation to an application for planning permission—”;

(iv) omit paragraph (2)(b);

(v) omit paragraph (3);

(vi) for paragraph (4) substitute—

(4) An authority must not adopt a scoping opinion until they have consulted the consultation bodies.

(vii) omit paragraph (5);

(viii) in paragraph (6)(a), for “provided by the applicant” substitute “ prepared by the local planning authority in accordance with paragraph (2) ” ;

(ix) for paragraph (7) substitute—

(7) A local planning authority may under regulation 16(1) ask the Secretary of State to make a direction as to the information to be provided in the environmental statement (a “scoping direction”)

(x) omit paragraphs (8) and (9);

(d) in regulation 16—

(i) for paragraph (1) substitute—

(1) A request made under this paragraph pursuant to regulation 15(7) must include—

(a) the information referred to in regulation 15(2)(a); and

(b) any representations that the local planning authority making the request wishes to make.

(ii) omit paragraph (2);

(iii) in paragraph (3)—

(aa) for “person” substitute “ local planning authority ” ; and

(bb) omit “; and may request the relevant planning authority to provide such information as they can on any of those points.”;

(iv) in paragraph (4)(b) for “person who made the scoping direction request and to the relevant” substitute “ local ” ;

(e) in regulation 18—

(i) omit paragraphs (1) and (2); and

(ii) in paragraph (5)(a) and (b) for “developer” substitute “ local planning authority ” ;

(f) for regulation 19 substitute—

Procedure where an environmental statement is prepared in relation to a local development order

(19)

(1) Where a statement, referred to as an “ environmental statement ” for the purposes of these Regulations, has been prepared in relation to EIA development for which a local planning authority proposes to grant planning permission by a local development order, the local planning authority must—

(a) send a copy of the statement to the consultation bodies and inform them that they may make representations; and

(b) notify any particular person of whom the authority is aware, who is likely to be affected by, or has an interest in, the application, who is unlikely to become aware of it by means of a site notice or by local advertisement, of an address in the locality in which the land is situated where a copy of the statement may be obtained and the address to which representations may be sent.

(2) The local planning authority must not make the local development order until the expiry of 30 days from the last date on which a copy of the statement was served in accordance with this regulation.

(g) in regulation 20—

(i) omit paragraph (1);

(ii) for paragraph (2) substitute—

(2) The local planning authority must publish in a local newspaper circulating in the locality in which the land is situated a notice stating—

(a) the name and address of the local planning authority;

(b) the address or location and the nature of the development referred to in the proposed local development order;

(c) that a copy of the draft local development order and of any plan or other documents accompanying it together with a copy of the environmental statement may be inspected by members of the public at all reasonable hours;

(d) an address in the locality in which the land is situated at which those documents may be inspected, and the latest date on which they will be available for inspection (being a date not less than 30 days later than the date on which the notice is published);

(e) details of a website maintained by or on behalf of the authority on which those documents may be inspected, and the latest date on which they will be available for access (being a date not less than 30 days later than the date on which the notice is published);

(f) an address (whether or not the same as that given under sub-paragraph (d)) in the locality in which the land is situated at which copies of the statement may be obtained;

(g) that copies of the statement may be obtained there so long as stocks last;

(h) if a charge is to be made for a copy of the statement, the amount of the charge; and

(i) that any person wishing to make representations about the local development order should make them in writing, before the latest date named in accordance with sub-paragraph (d) or (e), to the local planning authority.

(iii) omit paragraph (3);

(iv) in paragraph (4), for “applicant”, in each place, substitute “ local planning authority ” ; and

(v) omit paragraphs (6) to (10);

(h) for regulation 23 substitute—

Availability of copies of environmental statements

(23) The local planning authority must ensure that—

(a) a reasonable number of copies of the statement referred to as the environmental statement prepared in relation to EIA development for which the authority proposes to grant planning permission by a local development order are available at—

(i) their principal office during normal office hours; and

(ii) such other places within their area as they consider appropriate; and

(b) the environmental statement can be accessed at the website referred to in the notice required under regulation 20(2)(f).

(i) in regulation 25—

(i) for paragraph (1) substitute—

(1) Where an environmental statement has been submitted and the local planning authority is of the opinion, in order to satisfy the requirements of regulation 18(3) and (4), it is necessary for the statement to be supplemented with additional information which is directly relevant to reaching a reasoned conclusion on the likely significant effects of the development described in the application in order to be an environmental statement, the local planning authority must ensure that additional information is provided and such information provided is referred to in these Regulations as “ further information ”.

(ii) for paragraph (3) substitute—

(3) The local planning authority must publish in a local newspaper circulating in the locality in which the land is situated a notice stating—

(a) the name and address of the local planning authority;

(b) the address or location and the nature of the development referred to in the proposed local development order;

(c) that further information is available in relation to an environmental statement which has already been provided;

(d) that a copy of the further information may be inspected by members of the public at all reasonable hours;

(e) an address in the locality in which the land is situated at which the further information may be inspected, and the latest date on which it will be available for inspection (being a date not less than 30 days later than the date on which the notice is published);

(f) details of a website maintained by or on behalf of the authority on which the further information or any other information may be inspected, and the latest date on which they will be available for access (being a date not less than 30 days later than the date on which the notice is published);

(g) an address (whether or not the same as that given under sub-paragraph (e)) in the locality in which the land is situated at which copies of the further information may be obtained;

(h) that copies of the further information may be obtained there so long as stocks last;

(i) if a charge is to be made for a copy of the further information, the amount of the charge;

(j) that any person wishing to make representations about the further information should make them in writing, before the latest date specified in accordance with sub-paragraph (e) or (f), to the local planning authority; and

(k) the address to which representations should be sent.

(iii) for paragraph (4) substitute—

(4) The local planning authority must send a copy of the further information to each person to whom, in accordance with these Regulations, the statement to which it relates was sent and to the Secretary of State.

(iv) omit paragraphs (5) and (6);

(v) for paragraph (7) substitute—

(7) Where information is provided under paragraph (1) the local planning authority must not make the local development order before the expiry of 30 days after the latest of—

(a) the date on which the further information or any other information was sent to all persons to whom the statement to which it relates was sent;

(b) the date that notice of it was published in a local newspaper; or

(c) the date that notice of it was published on a website.

(vi) in paragraph (8)—

(aa) for “The applicant or appellant who provides further information or any other information, in accordance with paragraph (1)” substitute “ The local planning authority ” ;

(bb) in sub-paragraph (a) after “number of copies of the” insert “ further or other ” ;

(cc) in sub-paragraph (b) omit “required by the relevant planning authority”;

(vii) in paragraph (9), for “relevant” substitute “ local ” ; and

(viii) omit paragraph (11);

(j) in regulation 26(1) for “an application or appeal” substitute “ whether to make a local development order ” ;

(k) in regulation 28—

(i) for paragraph (1) substitute—

(1) Where particulars of a draft local development order are placed on Part 3 of the register, the local planning authority must take steps to secure that there is also placed on that Part a copy of any relevant—

(a) scoping opinion;

(b) screening opinion;

(c) screening direction;

(d) direction under regulation 63;

(e) the statement referred to as the environmental statement including any further information;

(f) statement of reasons accompanying any of the above.

(ii) in paragraph (2)—

(aa) for “relevant planning authority” substitute “ local planning authority ” in both places; and

(bb) for “an application is made for planning permission or subsequent consent for the development in question” substitute “ particulars of a draft local development order are placed on Part 3 of the register ” ;

(l) in regulation 29—

(i) for paragraph (1) substitute—

(1) Where a local planning authority makes a local development order granting permission for development which constitutes EIA development it must prepare a statement setting out the information specified in paragraph (2)(a).

(ii) omit paragraph (2)(b);

(m) in regulation 30—

(i) in paragraph (1) for “Where an EIA application is determined by a local planning authority” substitute “ Where a local planning authority makes a local development order granting permission for development which constitutes EIA development ” ; and

(ii) omit paragraphs (2) and (3); and

(n) in regulation 58—

(i) in paragraph (1) for sub-paragraph (a) substitute—

(a) it comes to the attention of the Secretary of State that EIA development proposed to be carried out in England for which a local planning authority proposes to grant planning permission by a local development order is likely to have significant effects on the environment in an EEA state; or

(ii) in paragraphs (3) and (6) for “application” substitute “ proposed local development order ” .

Section 33 Neighbourhood development orders

(1) This regulation applies to Schedule 2 development for which an order proposal is submitted under paragraph 1 of Schedule 4B to the Act .

(2) Paragraphs (3) and (4) apply where—

(a) the local planning authority adopts a screening opinion; or

(b) the Secretary of State makes a screening direction under these Regulations,

to the effect that the proposed development is Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location, and regulation 5 shall apply in relation to that screening with the modifications set out in paragraph (3).

(3) In regulation 5—

(i) for paragraph (2)(a), substitute—

(a) the submission by a qualifying body in relation to that development of a statement referred to by the qualifying body as an environmental statement for the purposes of these Regulations; or

(ii) in paragraph (4)(a) for “applicant” substitute “ qualifying body ” ; and

(iii) in paragraph (5)(c), for “person” substitute “ qualifying body ” .

(4) No referendum may be held under paragraph 12(4) of Schedule 4B to the Act on the making of a neighbourhood development order which would grant planning permission for Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location unless—

(a) an environmental statement has been prepared in relation to that development;

(b) the local planning authority is satisfied that the basic condition prescribed by paragraph 2 of Schedule 3 to the Neighbourhood Planning (General) Regulations 2012 is met; and

(c) the EIA has been carried out in respect of that development and the local planning authority has taken the environmental information into consideration.

(5) In a case to which this paragraph applies these Regulations have effect subject to the following modifications—

(a) in regulation 2(1), in the definition of “any other information” for “applicant or the appellant as the case may be” substitute “ qualifying body ” ;

(b) regulation 3 shall not apply;

(c) in regulation 6—

(i) for paragraph (1), substitute—

(1) A qualifying body which is minded to submit an order proposal may request the relevant local planning authority to adopt a screening opinion.

(ii) in paragraph (2), for “A person making a request for a screening opinion in relation to development where an application for planning permission has been or is proposed to be submitted” substitute “ A qualifying body making a request for a screening opinion ” ;

(iii) omit paragraph (3); and

(iv) in paragraphs (4) to (7) and (9) to (11) for each reference to “person” substitute “ qualifying body ” ;

(d) in regulation 7 for each reference to “person” substitute “ qualifying body ” ;

(e) in regulation 8—

(i) for paragraph (1)(a) substitute—

(a) an order proposal which has been submitted to them under paragraph 1 of Schedule 4B to the Act relates to Schedule 2 development;

(ii) in paragraph (1)(c)—

(aa) for “application” substitute “ order proposal ” ; and

(bb) for “applicant” substitute “ qualifying body ” ;

(iii) in paragraph ...(1) for “or lodging of the proposal” substitute “ of the order proposal ” ; and

(iv) in paragraph ...(2) for “developer” substitute “ qualifying body ” ;

(f) omit regulations 9 and 10;

(g) in regulation 11—

(i) for paragraph (1) substitute—

(1) Where a qualifying body submits an EIA order proposal which is not accompanied by a statement referred to by the qualifying body as an environmental statement for the purposes of these Regulations, the authority must notify the qualifying body in writing that the submission of an environmental statement is required.

(ii) in paragraph (2)—

(aa) for “application” substitute “ order proposal ” ; and

(bb) for “applicant” substitute “ qualifying body ” ;

(iii) in paragraph (3)—

(aa) for each reference to “applicant” substitute “ qualifying body ” ; and

(bb) for “application” substitute “ order proposal ” ;

(iv) for paragraphs (4) to (7) substitute—

(4) A qualifying body receiving a notification pursuant to paragraph (1) may, within 3 weeks beginning with the date of the notification, write to the relevant planning authority stating—

(a) that it accepts their view and is providing an environmental statement; or

(b) unless the condition referred to in paragraph (5) is satisfied, that it is writing to the Secretary of State to request a screening direction.

(5) For the purpose of paragraph (4)(b) the condition is that the Secretary of State has made a screening direction in respect of the development.

(6) If the qualifying body does not write to the authority in accordance with paragraph (4), unless the condition referred to in paragraph (7) is satisfied, at the end of the 3 week period the relevant planning authority must decline to consider the order proposal.

(7) For the purpose of paragraph (6) the condition is that the Secretary of State has made a screening direction to the effect that the development is not EIA development.

(v) in paragraph (8) for “determine the relevant application only by refusing planning permission or subsequent consent if the applicant” substitute “ decline to consider the order proposal of the qualifying body if the qualifying body ” ; and

(vi) in paragraph (9)—

(aa) for each reference to “person” substitute “ qualifying body ” ;

(bb) in sub-paragraphs (c) and (d) for each reference to “application” substitute “ order proposal ” ;

(cc) in sub-paragraph (e) for “applicant” substitute “ qualifying body ” ;

(dd) omit sub-paragraphs (f) and (g);

(h) omit regulations 12 to 14;

(i) in regulation 15—

(i) for paragraphs (1) and (2) substitute—

(1) A qualifying body which is minded to submit an order proposal in respect of EIA development may ask the relevant planning authority to state in writing their opinion as to the information to be provided in the environmental statement (“a scoping opinion”).

(2) A request under paragraph (1) must include—

(a) a plan sufficient to identify the land;

(b) a brief description of the nature and purpose of the development, including its location and technical capacity;

(c) an explanation of the likely significant effects of the proposed development on the environment; and

(d) such other information or representations as the qualifying body may wish to provide or make.

(ii) in paragraphs (3) to (5) and (7), for each reference to “person” substitute “ qualifying body ” ;

(iii) in paragraph (6) for “applicant” substitute “ qualifying body ” ; and

(iv) for paragraph (9) substitute—

(9) An authority which has adopted a scoping opinion in response to a request under paragraph (1) shall not be precluded from requiring additional information from the qualifying body in connection with any statement that may be submitted as an environmental statement in connection with any order proposal that relates to the same development as was referred to in the request.

(j) in regulation 16—

(i) for each reference to “person” substitute “ qualifying body ” ; and

(ii) for paragraph (6) substitute—

(6) Neither the Secretary of State who has made a scoping direction in response to a request under paragraph (1) nor the relevant planning authority shall be precluded from requiring additional information from the qualifying body in connection with any statement that may be submitted as an environmental statement in connection with any order proposal that relates to the same development as was referred to in the request.

(k) in regulation 17—

(i) for each reference to “person” substitute “ qualifying body ” ; and

(ii) in paragraph (3), omit “12(6), 13(6) or 14(7)”;

(l) in regulation 18—

(i) omit paragraphs (1) and (2); and

(ii) in paragraph (5) for “developer” substitute “ qualifying body ” ;

(m) in regulation 19—

(i) in paragraph (1) for “An applicant who makes an EIA application” substitute “ A qualifying body which makes an EIA order proposal ” ;

(ii) in paragraphs (2) to (4), for each reference to “applicant” substitute “ qualifying body ” ;

(iii) in paragraphs (2), (3) and (6) for each reference to “application” substitute “ order proposal ” ; and

(iv) for paragraph (5) substitute—

(5) The local planning authority must not submit the order proposal for independent examination under paragraph 7 of Schedule 4B to the Act until the expiry of 30 days from the last date on which a copy of the statement was served in accordance with this regulation.

(n) in regulation 20—

(i) for paragraphs (1) and (2)(a) and (b) substitute—

Publicity where an environmental statement is submitted after the order proposal

(20)

(1) Where a qualifying body has submitted an order proposal without an environmental statement and the qualifying body later proposes to submit such a statement, it must, before submitting it, comply with paragraphs (2) to (5).

(2) The qualifying body must publish in a local newspaper circulating in the locality in which the land to which the order proposal relates is situated a notice stating—

(a) the qualifying body's name, that an order proposal has been submitted, and the name and address of the relevant planning authority;

(b) the date on which the order proposal was submitted;

(ii) in paragraph (2)(d)(i) for “application” substitute “ order proposal ” ;

(iii) omit paragraph (2)(d)(ii);

(iv) for paragraph (2)(j) substitute—

(j) that any person wishing to make representations about the order proposal should make them in writing, before the latest date named in accordance with sub-paragraph (e) or (f), to the relevant planning authority.

(v) in paragraph (3)—

(aa) for “An applicant who” substitute “ A qualifying body which ” ;

(bb) omit “12(5), 13(5) or 14(6)”;

(vi) in paragraphs (4) and (6) for each reference to “applicant” substitute “ qualifying body ” ;

(vii) for paragraph (8) substitute—

(8) Where a qualifying body indicates that it intends to provide a statement in the circumstances mentioned in paragraph (1), the relevant planning authority must not consider the order proposal further until 30 days beginning with the last date on which the statement and other documents so mentioned are published in accordance with this regulation.

(viii) omit paragraph (9);

(o) omit regulations 21 and 22;

(p) for regulation 23 substitute—

Availability of copies of environmental statements

(23) A qualifying body which submits an environmental statement in connection with an order proposal must ensure that a reasonable number of copies of the statement are available at the address named in the notices published or posted pursuant to regulation 23(2) of the Neighbourhood Planning (General) Regulations 2012 or regulation 20 as the address at which such copies may be obtained.

(q) in regulation 25—

(i) for paragraph (1) substitute—

(1) Where a relevant planning authority or independent examiner dealing with an order proposal in relation to which a qualifying body has submitted an environmental statement is of the opinion that, in order to satisfy the requirements of regulation 18(3) and (4) , it is necessary for the statement to be supplemented with additional information which is directly relevant to reaching a reasoned conclusion on the likely significant effects of the development proposed in order to be an environmental statement, the authority or the examiner, as the case may be, must notify the qualifying body in writing accordingly, and the qualifying body must provide that additional information; and such information provided by the qualifying body is referred to in these Regulations as “ further information ”.

(ii) for paragraph (3)(a) substitute—

(a) the name of the qualifying body and the name and address of the relevant planning authority;

(iii) for paragraph (3)(b) substitute—

(b) the date on which the order proposal was submitted;

(iv) omit paragraph (3)(c);

(v) in paragraph (3)(f) for “ application for planning permission or subsequent application” substitute “ order proposal ” ;

(vi) in paragraph (3)(l) for “, the Secretary of State or the inspector (as the case may be)” substitute “ or independent examiner ” ;

(vii) in paragraph (6) for “applicant or appellant” substitute “ qualifying body ” ;

(viii) for paragraph (7), substitute—

(7) Where information is requested under paragraph (1) or any other information is provided—

(a) the relevant planning authority must not consider the proposal further until 30 days following the receipt of the statement and of the other documents so mentioned;

(b) the independent examiner must not make their report until 30 days following the receipt of the statement and of the other documents so mentioned.

(ix) in paragraph (8) for “applicant or appellant” substitute “ qualifying body ” ; and

(x) for paragraph (11) substitute—

(11) The relevant planning authority or independent examiner may in writing require a qualifying body to produce such evidence as they may reasonably call for to verify any information in the environmental statement.

(r) in regulation 26—

(i) in paragraph (1)—

(aa) for “an application or appeal” substitute “ whether to hold a referendum under paragraph 12(4) of Schedule 4B to the Act on the making of a neighbourhood development order ” ;

(bb) omit “the Secretary of State or an inspector, as the case may be,” and

(cc) in sub-paragraphs (c) and (d) for “planning permission or subsequent consent is to be granted” substitute “ a referendum is to be held ” ; and

(ii) in paragraph (2)—

(aa) for “grant planning permission or subsequent consent for EIA development ” substitute “ make an EIA order proposal subject to a referendum ” ; and

(bb) omit “ ...the Secretary of State or inspector, as the case may be,” in both places;

(s) in regulation 28—

(i) for the opening words in paragraph (1) substitute—

(1) Where particulars of an order proposal are placed on the register, the relevant planning authority must take steps to secure that there is also placed on the register a copy of any relevant—

(ii) in paragraph (1)(e) for “11(2), 12(5), 13(5) or 14(6)”, substitute “ 11(2) ” ; and

(iii) in paragraph (2) for “application is made for planning permission or subsequent consent” substitute “ order proposal is submitted by a qualifying body ” ;

(t) in regulation 29—

(i) in paragraph (1)—

(aa) for “Where an EIA application or appeal in relation to which an environmental statement has been submitted is determined by a relevant planning authority, the Secretary of State or an inspector, as the case may be, the person making that determination ,” substitute “ As soon as possible after making a decision to make the neighbourhood development order under section 61E(4) of the Act or to refuse to make it under section 61E(8) of the Act, the relevant planning authority ” ; and

(bb) for “developer” substitute “ qualifying body ” ;

(ii) in paragraph (2)—

(aa) in sub-paragraph (b)(i) for “grant planning permission or subsequent consent” substitute “ make the order ” ; and

(bb) in sub-paragraph (b)(ii) for “refuse planning permission or subsequent consent” substitute “ not make the order ” ;

(u) in regulation 30—

(i) in paragraph (1), for “EIA application is determined by the local planning authority”, substitute, “authority decides to make the neighbourhood development order under section 61E(4) or to refuse to make it under section 61E(8)”; and

(ii) omit paragraph (2);

(v) omit Parts 7, 9 and 10 (except regulation 58); and

(w) in regulation 58—

(i) in paragraph (1)(a) for “proposed to be carried out in England is the subject of an EIA application” substitute “ in England for which an order proposal has been submitted may be EIA development ” ;

(ii) in paragraph (3) for each reference to “application” substitute “ order proposal ” ;

(iii) in paragraph (4) for “before development consent for the development is granted” substitute “ before a decision is made under paragraph 12(4) of Schedule 4B to the Act that the draft order meets the basic conditions ” ; and

(iv) in paragraph (6) for “on the determination of the application concerned” substitute “ on a decision being made under paragraph 12(4) of Schedule 4B to the Act that the draft order meets the basic conditions ” .

Section 33A Other orders made by a local planning authority

(1) This regulation applies where, in relation to Schedule 1 or Schedule 2 development, a local planning authority proposes to grant or modify a planning permission by making an order under section 97 or 102 of, or paragraph 1 of Schedule 9 to, the Act (“an EIA order”).

(2) In a case to which this regulation applies regulation 32 shall apply with the following modifications—

(a) references to a local development order were references to an EIA order; and

(b) references to grant planning permission include the modification of planning permission.

Section 33B Miscellaneous orders and notices made by the Secretary of State

(1) This regulation applies where, in relation to Schedule 1 or Schedule 2 development, the Secretary of State proposes to grant or modify a planning permission—

(a) under section 98(6), 103(2) or 141(2) of the Act; or

(b) by making an order under section 100(1) or 104(1) of the Act,

(“an EIA permission”).

(2) Where this regulation applies the Secretary of State must not make an EIA permission unless the local planning authority in whose area the development will be situated has prepared the information referred to in regulation 6(2) in accordance with regulation 6(4) and adopted a screening opinion, or the Secretary of State has made a screening direction; and regulation 5 shall apply in relation to that screening with the modifications provided for in regulation 32(3).

(3) Paragraphs (4) and (5) apply where—

(a) the local planning authority adopts a screening opinion; or

(b) the Secretary of State makes a screening direction under these Regulations,

to the effect that the development is EIA development.

(4) The Secretary of State must not make an EIA permission unless—

(a) an environmental statement has been prepared in relation to that development; and

(b) the EIA has been carried out in respect of that development.

(5) In a case to which this regulation applies these Regulations apply subject to the following modifications—

(a) in regulation 2(1)—

(i) after the definition of “ EIA order proposal” insert—

“ EIA permission” has the meaning given in regulation 33B(1);

(ii) in the definition of “any other information” for “applicant or the appellant as the case may be” substitute “local planning authority”;

(b) regulations 3, 6(10) and (11), 8 to 14, 16, 17, 21, 22 and 25 shall not apply;

(c) in regulation 7(1) the words “pursuant to regulation 6(10)” were omitted;

(d) in regulation 15—

(i) for paragraph (1) substitute—

(1) Where a proposed EIA permission is EIA development, the Secretary of State may state in writing his opinion as to the scope and level of detail of the information to be provided in the environmental statement (“a scoping direction”) and the Secretary of State must not adopt a scoping direction before he has consulted the consultation bodies.

(ii) omit paragraphs (2) to (5) and sub-paragraph (a) of paragraph (6);

(iii) for paragraph (7) substitute—

(7) A local planning authority may ask the Secretary of State to make a scoping direction as to the information to be provided in the environmental statement.

(iv) omit paragraphs (8) and (9);

(e) in regulation 18—

(i) omit paragraphs (1) and (2); and

(ii) in paragraphs (3)(d) and (5)(a) and (b) for “the developer” substitute “the Secretary of State”;

(f) for regulation 19 substitute the modified version of regulation 19 provided in regulation 32(6)(f) with the following modifications—

(i) for references to local planning authority substitute the Secretary of State;

(ii) for references to a local development order substitute an EIA permission; and

(iii) for references to grant planning permission include modify planning permission.

(g) for regulation 23 substitute—

Availability of copies of environmental statements

(23) The Secretary of State must ensure that—

(a) a reasonable number of copies of the statement referred to as the environmental statement prepared in relation to EIA development for the EIA permission are available at his principal office during normal office hours; and

(b) the environmental statement can be accessed at the website referred to in the notice required under regulation 20(2)(f).

(h) in regulation 26(1) for “an application or appeal” substitute “whether to make an EIA permission”;

(i) in regulation 28—

(i) in paragraph (1) for “Where particulars of an application for planning permission or of a subsequent application are placed on Part 1 of the register, the relevant planning authority” substitute “Each local planning authority must keep a record on the appropriate part of the register of any EIA permission relating to land in their area, and the authority”;

(ii) for paragraph (2) substitute—

(2) Where the local planning authority adopts a screening opinion or scoping opinion, or receives a request under regulation 15(1), a copy of a screening direction, scoping direction, or direction under regulation 63 before an EIA permission is made, the authority must take steps to secure that a copy of the opinion, request, or direction and any accompanying statement of reasons is made available for public inspection at all reasonable hours at the place where the appropriate register (or relevant part of that register) is kept, and copies of those documents must remain so available for a period of 2 years.

(j) in regulation 29 for paragraph (1) substitute—

(1) Where the Secretary of State makes an EIA permission he must prepare a statement setting out the information specified in paragraph (2).

(k) for regulation 30 substitute—

Duty to inform the public of final decisions

(30) Where the Secretary of State makes an EIA permission he must—

(a) notify the local planning authority;

(b) inform the public of the decision, by local advertisement, or by such other means as are reasonable in the circumstances; and

(c) make available for public inspection, at his principal office during normal office hours, a statement containing—

(i) the content of the decision and any conditions attached to it;

(ii) the main reasons and considerations on which the decision is based;

(iii) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development permitted; and

(iv) information regarding the right to challenge the validity of the decision and the procedures for doing so.

(1) in regulation 58—

(i) in paragraph (1), for sub-paragraph (a) substitute—

(a) it comes to the attention of the Secretary of State that EIA development proposed to be carried out in England for which an EIA permission is proposed to be granted is likely to have significant effects on the environment in another EEA state; or

(ii) in paragraphs (3) and (6) for “application” substitute “proposed EIA permission”.

Section 34 Interpretation

In this Part—

“ enforcement functions ” means—

the issuing of an enforcement notice under section 172 of the Act (Issue of enforcement notice);

making an application for a planning enforcement order under section 171BA of the Act (Time limits in cases involving concealment);

the issuing of a planning contravention notice under section 171C of the Act (Power to require information about activities on land);

the issuing of a temporary stop notice under section 171E of the Act (Temporary stop notice);

the issuing of a stop notice under section 183 of the Act (Stop notices);

the service of a breach of condition notice under section 187A of the Act (Enforcement of conditions); or

an application to the court for an injunction under section 187B of the Act (Injunctions restraining breaches of planning control); and

“ ground (a) appeal ” has the meaning given in regulation 40; and

“ unauthorised EIA development ” means EIA development which is the subject of an enforcement notice under section 172 of the Act.

Section 35 Duty to ensure objectives of the Directive are met

Relevant planning authorities, in the exercise of their enforcement functions, must have regard to the need to secure compliance with the requirements of any law that implemented the Directive and the objectives of the Directive.

Section 36 Prohibition on the grant of planning permission for unauthorised EIA development

The Secretary of State or an inspector must not grant planning permission or subsequent consent under section 177(1) of the Act (grant or modification of planning permission on appeals against enforcement notices) in respect of unauthorised EIA development unless an EIA has been carried out in respect of that development.

Section 37 Screening opinions of the local planning authority

(1) Where it appears to the local planning authority by whom or on whose behalf an enforcement notice is to be issued that the matters constituting the breach of planning control comprise or include Schedule 1 development or Schedule 2 development they must, before the enforcement notice is issued—

(a) take such steps as appear reasonable to them in the circumstances, having regard to the requirements of regulation 6(2), to obtain information about the unauthorised development to inform a screening opinion; and

(b) adopt a screening opinion.

(2) The local planning authority must adopt the screening opinion mentioned in paragraph (1)(b) within—

(a) three weeks beginning with the date on which it obtained the information mentioned in paragraph (1)(a); or

(b) such longer period not exceeding 90 days beginning with the date on which it obtained the information mentioned in paragraph (1)(a) as may be reasonably required.

(3) Where it appears to the local planning authority by whom or on whose behalf an enforcement notice is to be issued that the matters constituting the breach of planning control comprise or include EIA development, they must serve with a copy of the enforcement notice a notice (“regulation 37 notice”) which must—

(a) include the screening opinion required by paragraph (1); and

(b) require a person who gives notice of an appeal under section 174 of the Act (Appeal against enforcement notice) to submit to the Secretary of State with the notice 2 copies of an environmental statement relating to that EIA development.

(4) The authority which has served a regulation 37 notice must send a copy of it to—

(a) the Secretary of State;

(b) the consultation bodies; and

(c) any particular person of whom the authority is aware, who is likely to be affected by, or has an interest in, the regulation 37 notice.

(5) Where an authority provides the Secretary of State with a copy of a regulation 37 notice they must include with it a list of the other persons to whom a copy of the notice has been or is to be sent.

Section 38 Screening directions of the Secretary of State

Any person on whom a regulation 37 notice is served may, within 3 weeks beginning with the date the notice is served, apply to the Secretary of State for a screening direction and the following shall apply—

(a) an application for a screening direction under this regulation must be accompanied by—

(i) a copy of the regulation 37 notice;

(ii) a copy of the enforcement notice which accompanied it; and

(iii) the information required under regulation 6(2), such information to be prepared, where relevant, in accordance with regulation 6(4);

(b) at the same time as applying to the Secretary of State, the applicant must send to the authority by whom the regulation 37 notice was served a copy of the application under this regulation and of any information or representations provided or made in accordance with paragraph (a)(iii);

(c) if the Secretary of State considers that the information provided in accordance with sub-paragraph (a) is insufficient to make a direction, the Secretary of State must notify the applicant and the authority of the matters in respect of which additional information is required; and the information so requested must be provided by the applicant within such reasonable period as may be specified in the notice;

(d) the Secretary of State must make a screening direction within—

(i) 3 weeks beginning with the date of receipt of a request made pursuant to this regulation; or

(ii) where the Secretary of State gives notice under paragraph (c), such longer period not exceeding 90 days beginning with the date on which the person making the request for a screening direction submits the information required under paragraph (c) as may be reasonably required;

(e) the Secretary of State must send a copy of the direction to the applicant; and

(f) without prejudice to paragraph (e), where the Secretary of State directs that the matters which are alleged to constitute the breach of planning control do not comprise or include EIA development, the Secretary of State must send a copy of the direction to every person to whom a copy of the regulation 37 notice was sent.

Section 39 Provision of information

(1) The relevant planning authority and any person, other than the Secretary of State, to whom a copy of the regulation 37 notice has been sent (“ the consultee ”) must, if requested by the person on whom the regulation 37 notice was served, declare to that person whether the consultee has in their possession any information which that person or the consultee consider relevant to the preparation of an environmental statement and, if they have, the consultee must make any such information available to that person.

(2) Regulation 17(5) shall apply to information under paragraph (1) as it applies to any information falling within regulation 17(4).

Section 40 Appeal to the Secretary of State without a screening opinion or screening direction

(1) Where on consideration of an appeal under section 174 of the Act (Appeal against enforcement notice) it appears to the Secretary of State that the matters which are alleged to constitute the breach of planning control comprise or include Schedule 1 development or Schedule 2 development, the Secretary of State must, before any notice is served pursuant to regulation 41, make a screening direction.

(2) Where an inspector is dealing with an appeal under section 174 of the Act (Appeal against enforcement notice) and a question arises as to whether the matters which are alleged to constitute the breach of planning control comprise or include Schedule 1 development or Schedule 2 development, the inspector must refer that question to the Secretary of State.

(3) Before receiving a screening direction the inspector must not determine the application which is deemed to have been made by virtue of the appeal under section 174 of the Act (Appeal against enforcement notice) (“ the deemed application ”) except to refuse that application.

(4) The Secretary of State must make a screening direction—

(a) in a case where a question is referred to the Secretary of State under paragraph (2) within—

(i) 3 weeks beginning with the date on which the question was referred;

(ii) where no notice is given under paragraph (8), such longer period as may be reasonably required not exceeding 90 days from the date on which the question was referred ; or

(iii) where the Secretary of State gives notice under paragraph (8), such longer period as may be reasonably required, not exceeding 90 days from the date on which the person making the request for a screening direction submits the information required by the notice given under paragraph (8).

(b) in all other cases falling within this regulation within—

(i) 3 weeks beginning with the date on which an appeal under section 174 of the Act (Appeal against enforcement notice) was lodged; or

(ii) where the Secretary of State gives notice under paragraph (8), such longer period not exceeding 90 days beginning with the date on which the person making the appeal submits the information required by notice given under paragraph (8) as may be reasonably required.

(5) Where the Secretary of State considers that, due to exceptional circumstances relating to the development, it is not practicable for the Secretary of State to adopt a screening direction within the period of 90 days beginning with the dates referred to in paragraphs (4)(a)(ii) and (iii) and (4)(b)(ii), the Secretary of State may extend that period by giving notice in writing to the person who made the request for a screening direction.

(6) The Secretary of State must state in any notice given under paragraph (5) the reasons justifying the extension and the date when the determination is expected.

(7) The Secretary of State must send a copy of any screening direction made pursuant to paragraph (2) to the inspector.

(8) If the Secretary of State considers that sufficient information to make a screening direction has not been provided, the Secretary of State must give notice in writing to the appellant and the authority by whom or on whose behalf the enforcement notice was issued of the matters in respect of which additional information is required; and the information so requested must be provided by the appellant within such reasonable period as may be specified in the notice.

(9) A person providing additional information pursuant to a notice under paragraph (8) must, where that information is of a type specified in regulation 6(2) or (3), prepare that information in accordance with the requirements of regulation 6(4).

(10) If an appellant to whom notice has been given under paragraph (8) fails to comply with the requirements of that notice the appeal in so far as it is brought under the ground mentioned in section 174(2)(a) of the Act (Appeal against enforcement notice) (“the ground (a) appeal”) shall lapse at the end of the period specified in the notice.

Section 41 Appeal to the Secretary of State without an environmental statement

Where the Secretary of State or an inspector is considering an appeal under section 174 of the Act and the matters which are alleged to constitute the breach of planning control comprise or include unauthorised EIA development, and the documents submitted for the purposes of the appeal do not include a statement referred to by the appellant as an environmental statement for the purposes of these Regulations, the following procedure shall apply—

(a) the Secretary of State must, subject to sub-paragraph (b), within the period of 3 weeks beginning with the day on which the appeal is received, or such longer period as may be reasonably required, notify the appellant in writing of the requirements of paragraph (c);

(b) notice need not be given under paragraph (a) where the appellant has submitted an environmental statement to the Secretary of State for the purposes of an appeal under section 78 of the Act (right to appeal against planning decisions and failure to take such decisions) which—

(i) relates to the development to which the appeal under section 174 of the Act (Appeal against enforcement notice) relates; and

(ii) is to be determined at the same time as that appeal under section 174 of the Act (Appeal against enforcement notice),

and that statement, any further information, any other information and the representations (if any) made in relation to it must be treated as the environmental statement for the purpose of regulation 36;

(c) the appellant must, within the period specified in the notice or such longer period as the Secretary of State may allow, submit to the Secretary of State 2 copies of an environmental statement relating to the unauthorised EIA development in question;

(d) the Secretary of State must send to the relevant planning authority a copy of any notice sent to the appellant under paragraph (a);

(e) if an appellant to whom notice has been given under sub-paragraph (a) fails to comply with the requirements of paragraph (c), the ground (a) appeal shall lapse at the end of the period allowed; and

(f) as soon as reasonably practicable after the occurrence of the event mentioned in paragraph (e), the Secretary of State must notify the appellant and the local planning authority in writing that the ground (a) appeal has lapsed.

Section 42 Procedure where an environmental statement is submitted to the Secretary of State

Where the Secretary of State receives (otherwise than as mentioned in regulation 41(b)) an environmental statement in connection with an enforcement appeal, the Secretary of State must—

(a) send a copy of that environmental statement to the relevant planning authority, advise the authority that the environmental statement will be taken into consideration in determining the ground (a) appeal, and inform them that they may make representations;

(b) notify the persons to whom a copy of the relevant regulation 37 notice was sent that the environmental statement will be taken into consideration in determining the ground (a) appeal, and inform them that they may make representations and that, if they wish to receive a copy of the environmental statement or any part of it, they must notify the Secretary of State within 7 days of the receipt of the Secretary of State's notice; and

(c) respond to notification under paragraph (b) by providing a copy of the environmental statement or of the part requested (as the case may be).

Section 43 Further information and evidence respecting environmental statements

Regulation 25(1) and (11) applies to environmental statements provided in accordance with this Part with the following modifications—

(a) where the Secretary of State or an inspector, as the case may be, notifies the appellant under regulation 25(1) that further information is required, the appellant must provide that further information within such period as the Secretary of State or the inspector may specify in the notice, or such longer period as the Secretary of State or the inspector may allow; and

(b) if an appellant to whom a notice has been given under paragraph (a) fails to provide the further information within the period specified or allowed (as the case may be), the ground (a) appeal shall lapse at the end of that period.

Section 44 Publicity for environmental statements or further information

(1) Where a relevant planning authority receives a copy of an environmental statement or further information by virtue of regulation 42(a) or any other information it must publish by local advertisement a notice stating—

(a) the name of the appellant and that the enforcement notice has been appealed to the Secretary of State;

(b) the address or location of the land to which the notice relates and the nature of the development;

(c) sufficient information to enable any planning permission for the development to be identified;

(d) that a copy of the environmental statement, further information or any other information and of any planning permission may be inspected by members of the public at all reasonable hours;

(e) an address in the locality in which the land is situated at which the environmental statement or further information or any other information may be inspected, and the latest date on which it will be available for inspection (being a date not less than 30 days later than the date on which the notice is published);

(f) details of a website maintained by or on behalf of the authority on which those documents may be inspected, and the latest date on which they will be available for access (being a date not less than 30 days later than the date on which the notice is published);

(g) that any person wishing to make representations about any matter dealt with in the environmental statement or further information or any other information should make them in writing before the latest date named in accordance with sub-paragraph (e) or (f), to the Secretary of State; and

(h) the address to which any such representations should be sent.

(2) The authority must as soon as practicable after publication of a notice in accordance with paragraph (1) send to the Secretary of State a copy of the notice certified by or on behalf of the authority as having been published by local advertisement on a date specified in the certificate.

(3) Neither the Secretary of State receiving a certificate under paragraph (2) nor an inspector shall determine the ground (a) appeal in respect of the development to which the certificate relates until the expiry of 30 days from the date stated in the published notice as the last date on which the statement or further information was available for inspection.