Section 63(3)

The Secretary of State must not make a direction under paragraph (1)(a) that a project is exempt unless— the Secretary of State has considered whether another form of assessment is appropriate; and where the Secretary of State considers that the development is likely to have significant effects on the environment in an EEA State, or where an EEA State likely to be significantly affected so requests, the Secretary of State has carried out a form of consultation with that EEA State broadly equivalent to the form described in regulation 58 or 59, as appropriate, or is satisfied that such an equivalent consultation has been carried out, before planning permission or subsequent consent is granted in respect of the development.

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