SCHEDULE 6Section 97 and 102 Orders under the 1990 Act

15

Regulation 24 must be read as if—

a

paragraph (1) read—

1

Where—

a

an environmental statement has been prepared; and a section 97 order or section 102 order is submitted to the Welsh Ministers for confirmation; and

b

the Welsh Ministers consider that it is necessary for the statement to contain additional information directly relevant to reaching a reasoned conclusion on the likely significant effects of the development in order to be an environmental statement, the Welsh Ministers must notify the relevant planning authority; and that authority must ensure that the additional information is provided; and such additional information is referred to in these Regulations as “further information” (“gwybodaeth bellach”).

b

paragraph (3) read—

3

The initiating body must publish by local advertisement a notice stating—

a

the name and address of the relevant planning authority;

b

the address or location and the nature of the development referred to in the proposed section 97 order or section 102 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

the address of the office of the initiating body at which the further information may be inspected, and the latest date on which it is available for inspection (being a date not less than 30 days from the date on which the notice is published);

f

details of a website maintained by or on behalf of the authority on which the other information may be inspected and the latest date on which it is available for access (being a date not less than 30 days from the date on which the notice is published);

g

the address (whether or not the same as that given under sub-paragraph (e)) of the office of the initiating body at which copies of the further information may be obtained;

h

that copies may be obtained there so long as stocks last;

i

if a charge is to be made for a copy, the amount of the charge;

j

that any person wishing to make representations about the further information should make them to the authority before the latest date specified in accordance with sub-paragraphs (e) and (f);

k

the address to which representations should be sent.

c

paragraph (4) read—

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 Welsh Ministers.

d

paragraphs (5) and (6) were omitted;

e

paragraph (7) read—

7

Where information is provided under paragraph (1) or any other information is provided the Welsh Ministers must not confirm the section 97 order or section 102 order before the expiry of 30 days after the latest of—

a

the date on which the further 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.

f

in paragraph (8)—

i

“The applicant or appellant who provides” read “The local planning authority providing”; and

ii

in sub-paragraph (a), after “number of copies of the” and before “information”, it read “further”.