The Land Drainage Improvement Works (Assessment of Environmental Effects) Regulations 1988

Consent to improvement works

8.—(1) Where an environmental statement has been prepared in accordance with these Regulations, the drainage body shall consider the proposal and that statement and any representations and comments made thereon by any person or body in relation to the likely environmental effects which are received by the drainage body within the time limit specified in regulation 5(a).

(2) Where having carried out the requirements of paragraph (1) above the drainage body consider that the improvement works should proceed and any objections to those works made in relation to their likely environmental effects by any person or body have been withdrawn the drainage body may decide to proceed with the works.

(3) Where having carried out the requirements of paragraph (1) above a drainage body consider that the improvement works should proceed but there are objections to those works made in relation to their likely environmental effects by any person or body which have not been withdrawn, the drainage body shall refer the proposal for works together with the environmental statement and any representations and comments on it to the appropriate Minister for his decision.

(4) Where the appropriate Minister considers that the information put before him in pursuance of paragraph (3) above does not provide him with sufficient information to enable him to give a direction he shall notify the drainage body in writing of the points on which he requires further information, and may make a written request to that body for such information as they may be able to provide on the points raised.

(5) The appropriate Minister after —

(a)considering any proposal, statement, representations and comments referred to him under paragraph (3) above and any information provided pursuant to paragraph (4) above; and

(b)having regard both to the effect of the proposed works on the environment and to the desirability of those works being carried out in the interests of efficient land drainage,

may consent to the carrying out of the proposed improvement works either absolutely or subject to such conditions as he considers appropriate or refuse consent to such works, and shall inform the drainage body and those persons or bodies who made representations of his decision and the reasons and considerations upon which it was based.