Part 2Applications
Publicity for EIA development
article 11 11.—(1) This article applies where the application is an EIA application.
(2) The Secretary of State must—
article 11 2 a (a)publicise the application in accordance with the requirements of article 9, and
article 11 2 b (b)within 5 working days of giving notice agreeing to determine the application under section 293B(5) of the 1990 Act, publish the required information about it on the website referred to in paragraph (2) of article 9.
term the required information (3) In this article, “the required information”, in relation to an application, means—
article 11 3 a (a)the address or location of the proposed development,
article 11 3 b (b)a description of the proposed development,
article 11 3 c (c)the date by which any representations about the application must be made, which must be not before the last day of the period of 30 days, beginning with the date on which the required information is published,
article 11 3 d (d)details of where and when the application may be inspected, and
article 11 3 e (e)the Secretary of State’s address for receipt of representations about the application.
(4) Where the relevant local planning authority receives a copy of a notice under section 293B(7) of the 1990 Act in relation to an EIA application, the relevant local planning authority must before the end of a period of 5 working days beginning with the day the notice was sent—
article 11 4 a (a)give the requisite notice in relation to the application by—
article 11 4 a i (i)site display in at least one place on or near the land to which the application relates for not less than 30 days, or
article 11 4 a ii (ii)serving the requisite notice on each adjoining owner or occupier, and
article 11 4 b (b)send a copy of the requisite notice to the Secretary of State.
(5) Where a notice displayed under paragraph (4) is, without any fault or intention of the relevant local planning authority, removed, obscured or defaced before the period referred to in paragraph (4) has elapsed, the relevant local planning authority is to be treated as having complied with the requirements of paragraph (4) if the relevant local planning authority has taken reasonable steps for the protection of the notice and, if need be, its replacement.
(6) For the purposes of this article—
term adjoining owner or occupier “adjoining owner or occupier” means any owner or occupier of any land adjoining the land to which the application relates;
term the requisite notice “the requisite notice” means notice in the form set out in Schedule 2 or in a form substantially to the same effect.