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

Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013

This section has no associated Explanatory Memorandum

74.—(1) The Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013(1) is amended in accordance with paragraphs (2) to (7).

(2) In article 2, for the definition of “EIA development” substitute—

““EIA application”, “EIA development”, “environmental information” and “environmental statement” have the meanings given in regulation 2(1) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017;”.

(3) In article 13(4)(c), after “14 days” insert “, or in the case of an EIA application accompanied by an environmental statement 30 days,”.

(4) In article 14—

(a)in paragraph (2)(a) after “21 days” insert “, or in the case of an EIA application accompanied by an environmental statement 30 days”;

(b)in paragraph (3)(a)(i) after “21 days” insert “, or in the case of an EIA application accompanied by an environmental statement 30 days”; and

(c)in paragraph (4), for “21 day period” substitute “21 or 30 day period, as appropriate, and as”.

(5) In article 23—

(a)in paragraph (4), for “The Secretary of State” substitute “Subject to paragraph (4A), the Secretary of State”; and

(b)after paragraph (4), insert—

(4A) In the case of an EIA application accompanied by an environmental statement, the Secretary of State must not determine a relevant application, where any notice of, or information about, the application has been—

(a)published on a website under article 13(1), within the period of 30 days beginning with the date on which the information was published;

(b)published in a newspaper under article 13(2), within the period of 30 days beginning with the date on which the notice was published; or

(c)given by site display under article 14, within the period of 30 days beginning with the date when the notice was first displayed by site display..

(6) Omit article 24(2).

(7) In the notice set out in Schedule 2, in the bottom box beginning with the word “Insert”, in paragraph (e) after “21 days,” insert “or in the case of an EIA application accompanied by an environmental statement 30 days,”.

(1)

S.I. 2013/2140. Articles 13 and 14 were substituted by S.I. 2016/944.