Section 33B(5)

In a case to which this regulation applies these Regulations apply subject to the following modifications— in regulation 2(1)— after the definition of “EIA order proposal” insert— “EIA permission” has the meaning given in regulation 33B(1); in the definition of “any other information” for “applicant or the appellant as the case may be” substitute “local planning authority”; regulations 3, 6(10) and (11), 8 to 14, 16, 17, 21, 22 and 25 shall not apply; in regulation 7(1) the words “pursuant to regulation 6(10)” were omitted; in regulation 15— for paragraph (1) substitute— Where a proposed EIA permission is EIA development, the Secretary of State may state in writing his opinion as to the scope and level of detail of the information to be provided in the environmental statement (“a scoping direction”) and the Secretary of State must not adopt a scoping direction before he has consulted the consultation bodies. omit paragraphs (2) to (5) and sub-paragraph (a) of paragraph (6); for paragraph (7) substitute— A local planning authority may ask the Secretary of State to make a scoping direction as to the information to be provided in the environmental statement. omit paragraphs (8) and (9); in regulation 18— omit paragraphs (1) and (2); and in paragraphs (3)(d) and (5)(a) and (b) for “the developer” substitute “the Secretary of State”; for regulation 19 substitute the modified version of regulation 19 provided in regulation 32(6)(f) with the following modifications— for references to local planning authority substitute the Secretary of State; for references to a local development order substitute an EIA permission; and for references to grant planning permission include modify planning permission. for regulation 23 substitute— The Secretary of State must ensure that— a reasonable number of copies of the statement referred to as the environmental statement prepared in relation to EIA development for the EIA permission are available at his principal office during normal office hours; and the environmental statement can be accessed at the website referred to in the notice required under regulation 20(2)(f). in regulation 26(1) for “an application or appeal” substitute “whether to make an EIA permission”; in regulation 28— in paragraph (1) for “Where particulars of an application for planning permission or of a subsequent application are placed on Part 1 of the register, the relevant planning authority” substitute “Each local planning authority must keep a record on the appropriate part of the register of any EIA permission relating to land in their area, and the authority”; for paragraph (2) substitute— Where the local planning authority adopts a screening opinion or scoping opinion, or receives a request under regulation 15(1), a copy of a screening direction, scoping direction, or direction under regulation 63 before an EIA permission is made, the authority must take steps to secure that a copy of the opinion, request, or direction and any accompanying statement of reasons is made available for public inspection at all reasonable hours at the place where the appropriate register (or relevant part of that register) is kept, and copies of those documents must remain so available for a period of 2 years. in regulation 29 for paragraph (1) substitute— Where the Secretary of State makes an EIA permission he must prepare a statement setting out the information specified in paragraph (2). for regulation 30 substitute— Where the Secretary of State makes an EIA permission he must— notify the local planning authority; inform the public of the decision, by local advertisement, or by such other means as are reasonable in the circumstances; and make available for public inspection, at his principal office during normal office hours, a statement containing— the content of the decision and any conditions attached to it; the main reasons and considerations on which the decision is based; a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development permitted; and information regarding the right to challenge the validity of the decision and the procedures for doing so.

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Source: legislation.gov.uk · retrieved 2026-07-30