Part 2Applications

Publicity for EIA development

11.—(1) This article applies where the application is an EIA application.

(2) The Secretary of State must—

(a)publicise the application in accordance with the requirements of article 9, and

(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.

(3) In this article, “the required information”, in relation to an application, means—

(a)the address or location of the proposed development,

(b)a description of the proposed development,

(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,

(d)details of where and when the application may be inspected, and

(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—

(a)give the requisite notice in relation to the application by—

(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

(ii)serving the requisite notice on each adjoining owner or occupier, and

(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—

“adjoining owner or occupier” means any owner or occupier of any land adjoining the land to which the application relates;

“the requisite notice” means notice in the form set out in Schedule 2 or in a form substantially to the same effect.