“unauthorised EIA development” means EIA development which is the subject of an enforcement notice under section 172 of the Act.
35. Relevant planning authorities, in the exercise of their enforcement functions, must have regard to the need to secure compliance with the requirements and objectives of the Directive.
36. The Secretary of State or an inspector must not grant planning permission or subsequent consent under section 177(1)(8) of the Act (grant or modification of planning permission on appeals against enforcement notices) in respect of unauthorised EIA development unless an EIA has been carried out in respect of that development.
(b)such longer period not exceeding 90 days beginning with the date on which it obtained the information mentioned in paragraph (1)(a) as may be reasonably required.
(b)require a person who gives notice of an appeal under section 174(9) of the Act (Appeal against enforcement notice) to submit to the Secretary of State with the notice 2 copies of an environmental statement relating to that EIA development.
(c)any particular person of whom the authority is aware, who is likely to be affected by, or has an interest in, the regulation 37 notice.
(5) Where an authority provides the Secretary of State with a copy of a regulation 37 notice they must include with it a list of the other persons to whom a copy of the notice has been or is to be sent.
39.—(1) The relevant planning authority and any person, other than the Secretary of State, to whom a copy of the regulation 37 notice has been sent (“the consultee”) must, if requested by the person on whom the regulation 37 notice was served, declare to that person whether the consultee has in their possession any information which that person or the consultee consider relevant to the preparation of an environmental statement and, if they have, the consultee must make any such information available to that person.
(2) Regulation 17(5) shall apply to information under paragraph (1) as it applies to any information falling within regulation 17(4).
40.—(1) Where on consideration of an appeal under section 174 of the Act (Appeal against enforcement notice) it appears to the Secretary of State that the matters which are alleged to constitute the breach of planning control comprise or include Schedule 1 development or Schedule 2 development, the Secretary of State must, before any notice is served pursuant to regulation 41, make a screening direction.
(2) Where an inspector is dealing with an appeal under section 174 of the Act (Appeal against enforcement notice) and a question arises as to whether the matters which are alleged to constitute the breach of planning control comprise or include Schedule 1 development or Schedule 2 development, the inspector must refer that question to the Secretary of State.
(3) Before receiving a screening direction the inspector must not determine the application which is deemed to have been made by virtue of the appeal under section 174 of the Act (Appeal against enforcement notice) (“the deemed application”) except to refuse that application.
(iii)where the Secretary of State gives notice under paragraph (8), such longer period as may be reasonably required, not exceeding 90 days from the date on which the person making the request for a screening direction submits the information required by the notice given under paragraph (8).
(ii)where the Secretary of State gives notice under paragraph (8), such longer period not exceeding 90 days beginning with the date on which the person making the appeal submits the information required by notice given under paragraph (8) as may be reasonably required.
(5) Where the Secretary of State considers that, due to exceptional circumstances relating to the development, it is not practicable for the Secretary of State to adopt a screening direction within the period of 90 days beginning with the dates referred to in paragraphs (4)(a)(iii) and (4)(b)(ii), the Secretary of State may extend that period by giving notice in writing to the person who made the request for a screening direction.
(6) The Secretary of State must state in any notice given under paragraph (5) the reasons justifying the extension and the date when the determination is expected.
(7) The Secretary of State must send a copy of any screening direction made pursuant to paragraph (2) to the inspector.
(8) If the Secretary of State considers that sufficient information to make a screening direction has not been provided, the Secretary of State must give notice in writing to the appellant and the authority by whom the regulation 37 notice was served of the matters in respect of which additional information is required; and the information so requested must be provided by the appellant within such reasonable period as may be specified in the notice.
(9) A person providing additional information pursuant to a notice under paragraph (8) must, where that information is of a type specified in regulation 6(2) or (3), prepare that information in accordance with the requirements of regulation 6(4).
(10) If an appellant to whom notice has been given under paragraph (8) fails to comply with the requirements of that notice the appeal in so far as it is brought under the ground mentioned in section 174(2)(a) of the Act (Appeal against enforcement notice) (“the ground (a) appeal”) shall lapse at the end of the period specified in the notice.
(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.
(c)respond to notification under paragraph (b) by providing a copy of the environmental statement or of the part requested (as the case may be).
(b)if an appellant to whom a notice has been given under paragraph (a) fails to provide the further information within the period specified or allowed (as the case may be), the ground (a) appeal shall lapse at the end of that period.
(h)the address to which any such representations should be sent.
(2) The authority must as soon as practicable after publication of a notice in accordance with paragraph (1) send to the Secretary of State a copy of the notice certified by or on behalf of the authority as having been published by local advertisement on a date specified in the certificate.
(3) Neither the Secretary of State receiving a certificate under paragraph (2) nor an inspector shall determine the ground (a) appeal in respect of the development to which the certificate relates until the expiry of 30 days from the date stated in the published notice as the last date on which the statement or further information was available for inspection.
and copies of those documents must remain so available for a period of 2 years or until they are entered in Part 2 of the register in accordance with paragraph (2), whichever is the sooner.
(2) Where particulars of any planning permission granted by the Secretary of State or an inspector under section 177(11) of the Act (Grant or modification of planning permission on appeals against enforcement notices) are entered in Part 2 of the register, the relevant planning authority must take steps to secure that that Part also contains a copy of any of the documents referred to in paragraph (1) as are relevant to the development for which planning permission has been granted.
(3) The provisions of regulation 30(2) and(3) apply to a grant of planning permission under section 177 of the Act (Grant or modification of planning permission on appeals against enforcement notices) as they apply to an application for and grant of planning permission under Part 3 of the Act (Control over development).
(d)in paragraph (6) for “application” there were substituted “appeal”.
Section 172 was substituted by section 5 of the Planning and Compensation Act 1991 (c.34).
Section 171BA was inserted by section 124 of the Localism Act 2011 (c.20).
Section 171C was inserted by section 1 of the Planning and Compensation Act 1991, and amended by S.I. 2003/956.
Section 171E was inserted by section 52 of the Planning and Compulsory Purchase Act 2004 (c.5).
Section 183 was amended by section 9 of the Planning and Compensation Act 1991.
Section 187A was inserted by section 2 of the Planning and Compensation Act 1991, and amended by section 126 of the Localism Act 2011.
Section 187B was inserted by section 3 of the Planning and Compensation Act 1991.
Section 177 was amended by sections 6 and 32 of, and paragraph 24 of Schedule 7 to, the Planning and Compensation Act 1991; and by section 123 of the Localism Act 2011.
Section 174 was amended by sections 6, 32 and 84 of, and paragraph 22 of Part 1 of Schedule 19 to, the Planning and Compensation Act 1991; S.I. 2003/956; section 123 of the Localism Act 2011; and section 63 of, and paragraphs 2 and 5 of Schedule 17 to, the Enterprise and Regulatory Reform Act 2013 (c.24).
Section 78 has been amended by section 17 of the 1991 Act; section 43 of the Planning and Compulsory Purchase Act 2004; sections 196 and 197 of, paragraphs 1 and 3 of Schedule 10 to, and paragraphs 1 and 2 of Schedule 11 to, the Planning Act 2008; sections 121 and 123 of, and paragraphs 1 and 11 of Schedule 12 to, the Localism Act 2011; section 1 of, and paragraphs 1 and 8 of Schedule 1 to, the Growth and Infrastructure Act 2013; article 3 of, and paragraphs 1 and 3 of Schedule 1 to, S.I. 2014/2773; section 30 of, and paragraphs 2 and 12 of Part 2 of Schedule 4 to, the Infrastructure Act 2015; and section 150 of, and paragraphs 1 and 21 of Schedule 12 to, the Housing and Planning Act 2016.
Section 177 was amended by sections 6 and 32 of, and paragraph 24 of Schedule 7 to, the 1991 Act; and by section 123 of the Localism Act 2011.