Sch 5 para 4
(1) If either— (a) the appropriate authority concludes in accordance with paragraph 3(1) that the representation is capable of being satisfied by an arrangement made between it, the applicant and the maker of the representation but no such arrangement is made within a reasonable period, or (b) the appropriate authority concludes in accordance with paragraph 3(1) that the representation is not capable of being satisfied by an arrangement made between it, the applicant and the maker of the representation, the appropriate authority must consider whether the representation gives rise to a dispute that calls for resolution of a question of fact in order to enable it to make its EIA consent decision . (2) If the appropriate authority concludes that the representation gives rise to such a dispute, it may, if it considers that it is appropriate to do so— (a) instigate a local inquiry; or (b) appoint a person whom it considers expert in the subject-matter of the dispute to report to it on the question of fact. (3) If the appropriate authority concludes that the representation does not give rise to such a dispute or if it does not think that it is appropriate to instigate a local inquiry or appoint a person to report to it— (a) it must have such regard (if any) as it considers appropriate in all the circumstances to the representation when reaching its EIA consent decision ; (b) the remaining provisions of this Schedule do not apply to the representation.