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

15.—(1) The Town and Country Planning (Environmental Impact Assessment) Regulations 2017(1) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1)—

(a)in the definition of “the consultation bodies”—

(i)in paragraph (a), after “by virtue of” insert “—” and number the remaining text in paragraph (a) as new sub-paragraph (i);

(ii)after new paragraph (i) insert—

“(ii)article 20 (consultations before determination of application) of the Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025(2); or

(iii)article 14 (consultation before determination of application: EIA development) of the Town and Country Planning (Crown Development) (Urgent Applications) (Procedure) (England) Order 2025(3).”,

(b)in the definition of “inspector”, at the end insert “or a person appointed by the Secretary of State pursuant to section 293I of the Act to determine an application”, and

(c)in the definition of “relevant planning authority”, after “(reference of applications to Secretary of State)” insert “or an application made to the Secretary of State under section 293B or 293D of the Act (urgent Crown development or Crown development)”.

(3) In regulation 13 (application referred to the Secretary of State without an environmental statement)—

(a)in paragraph (1), after “(reference of applications to Secretary of State)” insert “or made to the Secretary of State under section 293B or section 293D (urgent Crown development or Crown development)”, and

(b)in paragraph (3), after “for determination” insert “or an application made to the Secretary of State under section 293B or section 293D (urgent Crown development or Crown development)”.

(4) In regulation 16 (scoping directions of the Secretary of State)—

(a)after paragraph (1) insert—

“(1A) A person who is minded to make an EIA application under section 293B or 293D of the Act may, notwithstanding regulation 15, ask the Secretary of State to make a direction as to the information to be provided in the environmental statement (a “Crown development scoping direction”).

(1B) A person who, under paragraph (1A), requests the Secretary of State to make a Crown development scoping direction (a “Crown development scoping direction request”) must submit with the Crown development scoping direction request—

(a)the documents listed in regulation 15(2)(a) or, as the case may be, 15(2)(b);

(b)where a scoping opinion request was made under regulation 15(1) in relation to the EIA application in question, the documents referred to in paragraph (1)(a) and (b);

(c)a copy of any screening opinion received by the person in relation to the EIA application in question and of any accompanying statement of reasons; and

(d)any representations that the person making the scoping direction request wishes to make.”,

(b)in paragraph (2)—

(i)after “paragraph (1)” in the first place it occurs, insert “or (1A)”, and

(ii)at the end, insert “or, as the case may be, sub-paragraphs (b) and (c) of paragraph (1A)”,

(c)in paragraph (3), after “paragraph (1)” insert “or (1A)”, and

(d)in paragraph (6), after “paragraph (1)” insert “or (1A)”.

(5) In regulation 20 (publicity where an environmental statement is submitted after the planning application)—

(a)in paragraph (2)(f), after “authority” insert “or, as the case may be, the Secretary of State,”, and

(b)in paragraph (7)—

(i)after “authority” in the first place it occurs, insert “or, in the case of an application made under section 293B or 293D of the Act, the Secretary of State,” and

(ii)at the end insert “or, as the case may be, the Secretary of State”.

(6) In regulation 23 (availability of copies of environmental statements), after “2013” insert “, article 16 of the Town and Country Planning (Crown Development Applications) (Procedure and Written Representations) Order 2025(4), article 9 of the Town and Country Planning (Crown Development) (Urgent Applications) (Procedure) (England) Order 2025(5)”.

(7) In regulation 25 (further information and evidence respecting environmental statements)—

(a)in paragraph (3)(h)—

(i)after “authority” insert “or, as the case may be, the Secretary of State,”, and

(ii)after “inspected” insert “in accordance with paragraph (9)”, and

(b)in paragraph (9)—

(i)after “authority” insert “or, in the case of an application made under section 293B or 293D of the Act, the Secretary of State,” and

(ii)for “its behalf” substitute “behalf of the authority or, as the case may be, the Secretary of State”.