The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

Development by a local planning authority

22.—(1) Where the relevant planning authority is also (or would be) the applicant (whether alone or jointly with any other person), these Regulations shall apply to a Schedule 1 application or Schedule 2 application (or proposed application) subject to the following modifications—

(a)subject to sub-paragraph (b) of this paragraph and to paragraphs (2) and (3) below, regulations 5 and 6 shall not apply;

(b)paragraphs (2) to (7) of regulation 7 shall not apply, and paragraph 7(1) shall apply as if the reference to paragraph (3) of regulation 5 were omitted;

(c)regulations 10 and 11 shall not apply;

(d)paragraphs (1) to (3) of regulation 12 shall not apply, and regulation 12(4) shall apply to any consultation body from whom the relevant planning authority requests assistance as it applies to a body notified in accordance with regulation 12(3);

(e)save for the purposes of regulations 16(3) and (4), regulation 13 shall apply as if—

(i)for paragraph (1), there were substituted;

“(1) When a relevant planning authority making an EIA application lodge a statement which they refer to as an environmental statement for the purposes of these Regulations, they shall—

(a)serve a copy of that statement, the relevant application and any plan submitted with it on each consultation body;

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

(c)send to the Secretary of State within 14 days of lodging the statement three copies of the statement and a copy of the relevant application and of any documents submitted with the application.”

(ii)paragraphs (2) and (3) were omitted;

(f)regulation 16 shall apply as if paragraph (2) were omitted.

(2) An authority which is minded to make a planning application in relation to which it would be the relevant planning authority may adopt a screening opinion or request the Secretary of State in writing to make a screening direction, and paragraphs (3) and (4) of regulation 6 shall apply to such a request as they apply to a request made pursuant to regulation 5(6).

(3) A relevant planning authority which proposes to carry out development which they consider may be—

(a)development of a description specified in Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995(1) other than development of a description specified in article 3(12) of that Order; or

(b)development for which permission would be granted but for regulation 23(1),

may adopt a screening opinion or request the Secretary of State to make a screening direction, and paragraphs (3) and (4) of regulation 6 shall apply to such a request as they apply to a request made pursuant to regulation 5(6).

(4) A request under paragraph (2) or (3) shall be accompanied by—

(a)a plan sufficient to identify the land;

(b)a brief description of the nature and purpose of the development and of its possible effects on the environment; and

(c)such other information or representations as the authority may wish to provide or make.

(5) An authority making a request under paragraph (2) or (3) shall send to the Secretary of State any additional information he may request in writing to enable him to make a direction.