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

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(1) 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.