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

Type Statutory-Instrument

Publication 2017-04-18

Last updated 2025-05-01

State In force

Department King's Printer of Acts of Parliament

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

26

(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.

Co-ordination

27

(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).

PART 6 — Availability of directions etc and notification of decisions

Availability of opinions, directions etc for inspection

28

(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;

(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.

Information to accompany decisions

29

(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.

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

30

(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.

PART 7 — Restrictions of grants of permission

New simplified planning zone schemes or enterprise zone orders

31

No—

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

(b) order designating an enterprise zone made ; or

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.

Local development orders

32

(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;

(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”)

; and

(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—

(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—

(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).

; and

(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

; and

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

Neighbourhood development orders

33

(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;

(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—

(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.

; and

(viii) omit paragraph (9);

(o) omit regulations 21 and 22;

(p) for regulation 23 substitute—

(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 ”.

PART 8 — Unauthorised development

Interpretation

34

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); oran 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.

Duty to ensure objectives of the Directive are met

35

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.

Prohibition on the grant of planning permission for unauthorised EIA development

36

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.

Screening opinions of the local planning authority

37

(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.

Screening directions of the Secretary of State

38

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.

Provision of information

39

(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).

Appeal to the Secretary of State without a screening opinion or screening direction

40

(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.

Appeal to the Secretary of State without an environmental statement

41

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.

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

42

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).

Further information and evidence respecting environmental statements

43

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.

Publicity for environmental statements or further information

44

(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;

(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.

Public inspection of documents

45

(1) The relevant planning authority must make available for public inspection at all reasonable hours at the place where the appropriate register (or relevant part of that register) is kept a copy of—

(a) every regulation 37 notice given by the authority;

(b) every notice received by the authority under regulation 41(d); and

and copies of those documents must remain so available for a period of 2 years or until they are entered in Part 2 of the register in accordance with paragraph (2), whichever is the sooner.

(2) Where particulars of any planning permission granted by the Secretary of State or an inspector under section 177 of the Act (Grant or modification of planning permission on appeals against enforcement notices) are entered in Part 2 of the register, the relevant planning authority must take steps to secure that that Part also contains a copy of any of the documents referred to in paragraph (1) as are relevant to the development for which planning permission has been granted.

(3) The provisions of regulation 30(2) and(3) apply to a grant of planning permission under section 177 of the Act (Grant or modification of planning permission on appeals against enforcement notices) as they apply to an application for and grant of planning permission under Part 3 of the Act (Control over development).

Significant transboundary effects

46

Regulation 58 shall apply to unauthorised EIA development as if—

(a) for paragraph (1)(a) there were substituted—

(a) on consideration of an appeal under section 174 of the Act (Appeal against enforcement notice), the Secretary of State is of the opinion that the matters which are alleged to constitute the breach of planning control comprise or include EIA development and that the development has or is likely to have significant effects on the environment in an EEA State; or

(b) in paragraph (3)

(i) in sub-paragraph (a) for “a copy of the application concerned” there were substituted “ a description of the development concerned ”; and

(ii) in sub-paragraph (b) for “application” there were substituted “ appeal ”;

(d) in paragraph (6) for “application” there were substituted “ appeal ”.

PART 9 — ROMP Applications

General application of the Regulations to ROMP applications

47

These Regulations shall apply to—

(a) a ROMP application as they apply to an application for planning permission;

(b) a ROMP subsequent application as they apply to a subsequent application;

(c) ROMP development as they apply to development in respect of which an application for planning permission is, has been, or is to be made;

(d) a relevant mineral planning authority as they apply to a relevant planning authority;

(e) a person making a ROMP application as they apply to an applicant for planning permission;

(f) a person making a ROMP subsequent application as they apply to a person making a subsequent application;

(g) the determination of a ROMP application as they apply to the granting of a planning permission; and

(h) the granting of ROMP subsequent consent as they apply to the granting of subsequent consent,

subject to the modifications and additions set out in this Part.

48

In regulation 3 (prohibition on granting planning permission or subsequent consent for EIA development), after “for EIA development” insert “ pursuant to a ROMP application ”.

Modification of provisions on application to local planning authority without an environmental statement

49

In the case of a ROMP application, in regulation 11(4) (EIA applications made to a local planning authority without an environmental statement)—

(a) for “3” substitute “ 6 ”; and

(b) after “the notification” insert “ , or within such other period as may be agreed with the authority in writing ”.

Disapplication of regulations and modifications of provisions on application referred to or appealed to the Secretary of State without an environmental statement

50

(1) In the case of a ROMP application, regulations 11(6) and (8), 13(7) and (8), 14(8) and (9) and 68 shall not apply.

(2) In the case of a ROMP application, in regulations 13(6) (application referred to the Secretary of State without an environmental statement) and 14(7) (appeal to the Secretary of State without an environmental statement)—

(a) for “3” substitute “ 6 ”; and

(b) after “the notification,” insert “ or within such other period as may be agreed with the Secretary of State in writing, ”.

Substitution of references to section 78 right of appeal and modification of provisions on appeal to the Secretary of State without an environmental statement

51

(1) In the case of a ROMP application, in regulations 14(1) and 21(b), for each reference to “section 78 of the Act (right to appeal against planning decisions and failure to take such decisions)” substitute— “ paragraph 5(2) of Schedule 2 to the 1991 Act, paragraph 11(1) of Schedule 13 to the 1995 Act or paragraph 9(1) of Schedule 14 to the 1995 Act (right of appeal) ”.

(2) In the case of a ROMP application, in regulation 14(2) (appeal to the Secretary of State without an environmental statement) omit “, except by refusing planning permission or subsequent consent,”.

Modification of provisions on preparation, publicity and procedures on submission of environmental statements

52

(1) In the case of a ROMP application, in regulations 15(9) and 16(6) for “an application for planning permission or a subsequent application for” substitute “ a ROMP application which relates to another planning permission which authorises ”.

(2) In the case of a ROMP application, in regulation 19 (procedure where an environmental statement is submitted to a local planning authority) for paragraph (5) substitute—

(5) Where an applicant submits an environmental statement to the authority in accordance with paragraph (1), the provisions of article 15 of, and Schedule 3 to, the Order (publicity for applications for planning permission) shall apply to a ROMP application under— (a) paragraph 2(2) of Schedule 2 to the 1991 Act; and (b) paragraph 6(1) of Schedule 14 to the 1995 Act , as they apply to a planning application falling within article 15(1A) of the Order except that for each reference in the notice in Schedule 3 to the Order to “planning permission” there is substituted “determination of the conditions to which a planning permission is to be subject” and that notice must refer to the relevant provisions of the 1991 Act or the 1995 Act pursuant to which the application is made.

(3) In the case of a ROMP application, in regulation 20 (publicity where an environmental statement is submitted after the planning application)—

(a) in paragraph (2)(a)—

(i) omit “for planning permission or subsequent consent”; and

(ii) after “to the relevant planning authority or the Secretary of State” insert “for determination of the conditions to which a planning permission is to be subject, the relevant provisions of the 1991 Act or the 1995 Act pursuant to which the application is made”.

(b) for paragraph (8) substitute—

(8) Where an applicant indicates that it is proposed to provide such a statement and in such circumstances as are mentioned in paragraph (1), the relevant planning authority, the Secretary of State or the inspector, as the case may be, must suspend consideration of the application or appeal until the date specified by the authority or the Secretary of State for submission of the environmental statement and compliance with paragraph (6); and must not determine it during the period of 30 days beginning with the last date on which the statement and the other documents mentioned in paragraph (6) are published in accordance with this regulation.

(4) In the case of a ROMP application, in regulation 21 (provision of copies of environmental statements and further information for the Secretary of State on referral or appeal)—

(a) in paragraph (a) for “section 77 of the Act (reference of applications to the Secretary of State)” substitute “ paragraph 7(1) of Schedule 2 to the 1991 Act, paragraph 13(1) of Schedule 13 to the 1995 Act or paragraph 8(1) of Schedule 14 to the 1995 Act ”; and

(b) in paragraph (b) for “section 78 of the Act (right to appeal against planning decisions and failure to take such decisions)” substitute “paragraph 5(2) of Schedule 2 to the 1991 Act, paragraph 11(1) of Schedule 13 to the 1995 Act or paragraph 9(1) of Schedule 14 to the 1995 Act (right of appeal)”.

(5) In the case of a ROMP application, in regulation 23 (availability of copies of environmental statements) after “the Order” insert “(as applied by regulation 19(5) or by paragraph 9(5) of Schedule 13 to the 1995 Act),”.

(6) In the case of a ROMP application, in regulation 25 (further information and evidence respecting environmental statements)—

(a) in paragraph (3)(a) for “applicant for planning permission or subsequent consent or the appellant (as the case may be)” substitute— “person who has applied for or who has appealed in relation to the determination of the conditions to which the planning permission is to be subject, the relevant provisions of the 1991 Act or the 1995 Act pursuant to which the application is made”;

(b) in paragraph (7) after “application or appeal” insert “until the date they specify for submission of the further information”.

(7) In regulation 26 (consideration of whether planning permission or subsequent consent should be granted)—

(a) in paragraph (1)(d) omit “if planning permission or subsequent consent is to be granted”; and

(b) in paragraph (2) for “grant planning permission or subsequent consent for EIA development” substitute “ determine the conditions to which a planning permission is to be subject ”.

Modification of provisions on application to the High Court and giving of directions

53

(1) In the case of a ROMP application, for regulation 66 (application to the High Court) substitute—

(66) For the purposes of Part 12 of the Act (validity of certain decisions), the reference in section 288 of the Act, as applied by paragraph 9(3) of Schedule 2 to the 1991 Act, paragraph 16(4) of Schedule 13 to the 1995 Act or paragraph 9(4) of Schedule 14 to the 1995 Act, to “action of the Secretary of State which is not within the powers of the Act” is taken to extend to the determination of a ROMP application by the Secretary of State in contravention of regulation 3.

(2) The direction making power in article 31(2) of the Order shall apply to ROMP development as it applies to development in respect of which an application for planning permission is made.

Suspension of minerals development

54

(1) Where the authority, the Secretary of State or an inspector is dealing with a ROMP application or an appeal arising from a ROMP application and notifies the applicant or appellant, as the case may be, that—

(a) the submission of an environmental statement is required under regulation 11(1), 13(3) or 14(5), then such notification must specify the period within which the environmental statement and compliance with regulation 20(6) is required; or

(b) a statement should contain further information under regulation 25(1), then such notification must specify the period within which that information is to be provided.

(2) Subject to paragraph (3), the planning permission to which the ROMP application relates shall not authorise any minerals development (unless the Secretary of State has made a screening direction to the effect that ROMP development is not EIA development) if the applicant or the appellant does not—

(a) write to the authority or Secretary of State within the 6 week or other period agreed pursuant to regulation 11(4), 13(6) or 14(7);

(b) submit an environmental statement and comply with regulation 20(6) within the period specified by the authority or the Secretary of State in accordance with paragraph (1) or within such extended period as is agreed in writing;

(c) provide additional information within the period specified by the authority, the Secretary of State or an inspector in accordance with paragraph (1) or within such extended period as is agreed in writing; or

(d) where a notification under regulation 6(5), 7(3), 15(3) or 16(3) has been received, provide the additional information requested within 3 weeks beginning with the date of the notification, or within such extended period as may be agreed in writing with the authority or Secretary of State, as the case may be.

(3) Where paragraph (2) applies, the planning permission shall not authorise any minerals development from the end of—

(a) the relevant 6 week or other period agreed in writing as referred to in paragraph (2)(a); and

(b) the period specified or agreed in writing as referred to in paragraph (2)(b), (c), and (d),

until the applicant has complied with all of the provisions referred to in paragraph (2) which are relevant to the application or appeal in question.

(4) Particulars of the suspension of minerals development and the date when that suspension ends must be entered in the appropriate part of the register as soon as reasonably practicable.

(5) Paragraph (2) shall not affect any minerals development carried out under the planning permission before the date of suspension of minerals development.

(6) For the purposes of paragraphs (2) to (5) “minerals development” means development consisting of the winning and working of minerals, or involving the depositing of mineral waste.

Determination of conditions and right of appeal on non-determination

55

(1) Where it falls to—

(a) a relevant mineral planning authority to determine a Schedule 1 or a Schedule 2 application, paragraph 2(6)(b) of Schedule 2 to the 1991 Act, paragraph 9(9) of Schedule 13 to the 1995 Act or paragraph 6(8) of Schedule 14 to the 1995 Act shall not have effect to treat the authority as having determined the conditions to which any relevant planning permission is to be subject unless either the relevant mineral planning authority has adopted a screening opinion or the Secretary of State has made a screening direction to the effect that the ROMP development in question is not EIA development;

(b) a relevant mineral planning authority or the Secretary of State to determine a Schedule 1 application or a Schedule 2 application—

(i) section 69 (register of applications, etc) of the Act, and any provisions of the Order made by virtue of that section, shall have effect with any necessary amendments as if references to applications for planning permission included ROMP applications under paragraph 9(1) of Schedule 13 to the 1995 Act and paragraph 6(1) of Schedule 14 to the 1995 Act; and

(ii) where the relevant mineral planning authority is not the authority required to keep the register, the relevant mineral planning authority must provide the authority required to keep it with such information and documents as that authority requires to comply with section 69 of the Act (Register of applications, etc) (as applied by paragraph (i)), with regulation 28 as applied by regulation 47, and with regulation 54(4).

(2) Where it falls to the relevant mineral planning authority or the Secretary of State to determine an EIA application which is made under paragraph 2(2) of Schedule 2 to the 1991 Act, paragraph 4(4) of that Schedule shall not apply.

(3) Where it falls to the relevant mineral planning authority to determine an EIA application, the authority must give written notice of their determination of the ROMP application within 16 weeks beginning with the date of receipt by the authority of the ROMP application or such extended period as may be agreed in writing between the applicant and the authority.

(4) For the purposes of paragraph (3) a ROMP application is received by the relevant mineral planning authority when it receives—

(a) a document referred to by the applicant as an environmental statement for the purposes of these Regulations;

(b) any documents required to accompany that statement; and

(c) any additional information which the authority has notified the applicant that the environmental statement should contain.

(5) Where paragraph (1)(a) applies—

(a) paragraph 5(2) of Schedule 2 to the 1991 Act, paragraph 11(1) of Schedule 13 to the 1995 Act and paragraph 9(1) of Schedule 14 to the 1995 Act (right of appeal) shall have effect as if there were also a right of appeal to the Secretary of State where the relevant mineral planning authority has not given written notice of their determination of the ROMP application in accordance with paragraph (3); and

(b) paragraph 5(5) of Schedule 2 to the 1991 Act, paragraph 11(2) of Schedule 13 to the 1995 Act and paragraph 9(2) of Schedule 14 to the 1995 Act (right of appeal) shall have effect as if they also provided for notice of appeal to be made within 6 months from the expiry of the 16 week or other period agreed pursuant to paragraph (3).

(6) In determining for the purposes of—

(a) paragraph 2(6)(b) of Schedule 2 to the 1991 Act, paragraph 9(9) of Schedule 13 to the 1995 Act and paragraph 6(8) of Schedule 14 to the 1995 Act (determination of conditions); or

(b) paragraph 5(5) of Schedule 2 to the 1991 Act, paragraph 11(2) of Schedule 13 to the 1995 Act and paragraph 9(2) of Schedule 14 to the 1995 Act (right of appeal),

the time which has elapsed without the relevant mineral planning authority giving the applicant written notice of their determination in a case where the authority has notified an applicant in accordance with regulation 11(1) that the submission of an environmental statement is required and the Secretary of State has given a screening direction in relation to the ROMP development in question, no account shall be taken of any period before the issue of the direction.

ROMP application by a mineral planning authority

56

(1) Where a relevant mineral planning authority proposes to make or makes a ROMP application to the Secretary of State under regulation 11 (other consents) of the General Regulations which is a Schedule 1 application or a Schedule 2 application (or proposed application), these Regulations shall apply to that application or proposed application as they apply to a ROMP application referred to the Secretary of State under paragraph 7(1) of Schedule 2 to the 1991 Act, paragraph 13(1) of Schedule 13 to the 1995 Act or paragraph 8(1) of Schedule 14 to the 1995 Act (reference of applications to the Secretary of State) subject to the following modifications—

(a) subject to paragraph (2), regulations 6 to 12, 14 to 16, 19 (save for the purposes of regulations 22(3) and (4)), 21 and 30(1) do not apply;

(b) in regulation 5 (general provisions relating to screening), paragraph (11) shall not apply;

(c) in regulation 13(3) (application referred to the Secretary of State without an environmental statement), omit “and must send a copy of that notification to the relevant planning authority”;

(d) in regulation 17 (procedure to facilitate preparation of environmental statements)—

(i) in paragraph (3)(b) for “11(4)(a), 12(6), 13(6) or 14(7)” substitute “ 13(6) ”; and

(ii) in paragraph (4) omit “the relevant planning authority and” and “authority or”;

(e) in regulation 20(2) (publicity where an environmental statement is submitted after the planning application)—

(i) in sub-paragraph (a) omit “and the name and address of the relevant planning authority”; and

(ii) for sub-paragraph (b) substitute—

(b) the date on which the application was made and that it has been made to the Secretary of State under regulation 11 of the General Regulations;

(f) in regulation 22 (procedure where an environmental statement is submitted to the Secretary of State), in paragraph (2) omit “who must send a copy to the relevant planning authority”;

(g) in regulation 25(3) (further information and evidence respecting environmental statements)—

(i) in sub-paragraph (a) omit “and the name and address of the relevant planning authority”; and

(ii) for sub-paragraph (b) substitute—

(b) the date on which the application was made and that it has been made to the Secretary of State under regulation 11 of the General Regulations;

(h) regulations 28 (availability of opinions, directions etc for inspection), 29(1) (information to accompany decisions) and 30(2) (duties to inform the public and the Secretary of State of final decisions) shall apply as if the references to a “relevant planning authority” were references to a mineral planning authority; and

(i) regulation 63(2) shall not apply.

(2) A relevant mineral planning authority which is minded to make a ROMP application to the Secretary of State under regulation 11 of the General Regulations may request the Secretary of State in writing to make a screening direction, and paragraphs (3) to (7) of regulation 7 shall apply to such a request as they apply to a request made pursuant to regulation 6(10) but as if in paragraph (3) the words “, and may request the relevant planning authority to provide such information as they can on any of those points” were omitted.

(3) A request under paragraph (2) must be accompanied by—

(a) a plan sufficient to identify the land;

(b) a description of the nature and purpose of the ROMP development, including in particular—

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

(ii) a description of the location of the development, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

(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 authority 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) An authority making a request under paragraph (2) must send to the Secretary of State any additional information that the Secretary of State may request in writing to enable a direction to be made.

(5) In this regulation “the General Regulations” means the Town and Country Planning General Regulations 1992 .

ROMP applications: duty to make a prohibition order after two years suspension of permission

57

(1) This regulation applies if, in relation to a minerals development—

(a) a period of 2 years beginning with the suspension date has expired, and

(b) the steps specified in regulation 54(2) have yet to be taken.

(2) The “suspension date” is the date on which the suspension of minerals development (within the meaning of regulation 54(3)) begins.

(3) Paragraph 3 of Schedule 9 to the Act (prohibition of resumption of mineral working) has effect in relation to any part of a site as it has effect in relation to the whole site.

(4) Paragraph 3(1)(b) of Schedule 9 to the Act has effect as if for the words from “the mineral planning authority may by order” to the end there were substituted—

the mineral planning authority— (i) must by order prohibit the resumption of the winning and working or the depositing; and (ii) may in the order impose, in relation to the site, any such requirement as is specified in sub-paragraph (3).

(5) In paragraphs 3(2)(a) and (b) of Schedule 9 to the Act, references to winning and working or depositing are to be read as references to winning and working or depositing for which permission is not suspended by virtue of regulation 54(3).

(6) Paragraph 4(7) of Schedule 9 to the Act has effect as if for “have effect” there were substituted “ authorise that development ”.

PART 10 — Development with significant transboundary effects

Development in England likely to have significant effects in an EEA State

58

(1) Where—

(a) it comes to the attention of the Secretary of State that development proposed to be carried out in England is the subject of an EIA application and is likely to have significant effects on the environment in an EEA State; or

(b) an EEA State likely to be significantly affected by such development so requests,

the Secretary of State must—

(i) send to the EEA State as soon as possible and no later than the date of publication in the London Gazette referred to in paragraph (ii), the particulars mentioned in paragraph (2) and, if relevant, the information referred to in paragraph (3);

(ii) publish the information in paragraph (i) in a notice placed in the London Gazette indicating the address where additional information is available; and

(iii) give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide.

(2) The particulars referred to in paragraph (1)(b)(i) are—

(a) a description of the development, together with any available information on its possible significant effect on the environment in an EEA State; and

(b) information on the nature of the decision which may be taken.

(3) Where an EEA State indicates, in accordance with paragraph (1)(b)(iii), that it wishes to participate in the procedure for which these Regulations provide, the Secretary of State must as soon as possible send to that EEA State the following information—

(a) a copy of the application concerned;

(b) details of the authority responsible for deciding the application;

(d) a copy of any environmental statement in respect of the development to which that application relates; and

(e) relevant information regarding the procedure under these Regulations,

but only to the extent that such information has not been provided to the EEA State earlier in accordance with paragraph (1)(b)(i).

(4) The Secretary of State must also ensure that the EEA State concerned is given an opportunity, before planning permission for the development is granted, to forward to the Secretary of State, within a reasonable time, the opinions of its public and of the authorities which the EEA State designated to be consulted about the project on the information supplied.

(5) The Secretary of State must ...—

(a) enter into consultations with the EEA State concerned regarding, inter alia, the potential significant effects of the development on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects; and

(b) determine in agreement with the ... EEA State a reasonable period of time for the duration of the consultation period.

(6) Where an EEA State has been consulted in accordance with paragraph (5), on the determination of the application concerned the Secretary of State must inform the EEA State of the decision and must forward to it the information referred to in regulation 29.

Projects in another EEA State likely to have significant transboundary effects

59

(1) Where the Secretary of State receives from an EEA State ... information which that EEA State has gathered from the developer of a proposed project in that EEA State which is likely to have significant effects on the environment in England, the Secretary of State must...—

(a) enter into consultations with that EEA State regarding the potential significant effects of the proposed project on the environment in England and the measures envisaged to reduce or eliminate such effects; and

(b) determine in agreement with that EEA State a reasonable period, before development consent for the project is granted, during which members of the public in England may submit to the competent authority (which the EEA State designated as responsible for performing the duties arising from the Directive) representations ....

(2) The Secretary of State must also—

(a) arrange for the information referred to in paragraph (1) to be made available, within a reasonable time and for a time period of no fewer than 30 days, both to the authorities in England which are likely to be concerned by the project by reason of their specific environmental responsibilities, and to the public concerned in England;

(b) ensure that those authorities and the public concerned in England are given an opportunity, before development consent for the project is granted, to forward to the competent authority in the relevant EEA State, within a reasonable time, their opinion on the information supplied; and

(c) make available to the public concerned any information received from the competent authority of the relevant EEA State ...

PART 11 — Exemptions

Projects serving national defence purposes in Scotland

60

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

Consideration of whether planning permission or subsequent consent should be granted

26

Co-ordination

27

PART 6 — Availability of directions etc and notification of decisions

Availability of opinions, directions etc for inspection

28

Information to accompany decisions

29

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

30

PART 7 — Restrictions of grants of permission

New simplified planning zone schemes or enterprise zone orders

31

Local development orders

32

Neighbourhood development orders

33

PART 8 — Unauthorised development

Interpretation

34

Duty to ensure objectives of the Directive are met

35

Prohibition on the grant of planning permission for unauthorised EIA development

36

Screening opinions of the local planning authority

37

Screening directions of the Secretary of State

38

Provision of information

39

Appeal to the Secretary of State without a screening opinion or screening direction

40

Appeal to the Secretary of State without an environmental statement

41

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

42

Further information and evidence respecting environmental statements

43

Publicity for environmental statements or further information

44

Public inspection of documents

45

Significant transboundary effects

46

PART 9 — ROMP Applications

General application of the Regulations to ROMP applications

47

Modification of provisions on prohibition of granting planning permission or subsequent consent

48

Modification of provisions on application to local planning authority without an environmental statement

49

Disapplication of regulations and modifications of provisions on application referred to or appealed to the Secretary of State without an environmental statement

50

Substitution of references to section 78 right of appeal and modification of provisions on appeal to the Secretary of State without an environmental statement

51

Modification of provisions on preparation, publicity and procedures on submission of environmental statements

52

Modification of provisions on application to the High Court and giving of directions

53

Suspension of minerals development

54

Determination of conditions and right of appeal on non-determination

55

ROMP application by a mineral planning authority

56

ROMP applications: duty to make a prohibition order after two years suspension of permission

57

PART 10 — Development with significant transboundary effects

Development in England likely to have significant effects in an EEA State

58

Projects in another EEA State likely to have significant transboundary effects

59

PART 11 — Exemptions

Projects serving national defence purposes in Scotland

60