DEPARTMENT OF THE ENVIRONMENT CIRCULAR 15/88

1: The Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 (in this circular referred to as 'the Regulations') implement the requirements of the European Community Directive No. 85/337 on the assessment of the effects of certain public and private projects on the environment, so far as it applies to projects which require planning permission.

2: The Regulations apply to relevant projects for which an application for planning permission is lodged on or after 15th July 1988. They extend section 31 of the Town and Country Planning Act 1971 and it is proposed to make the Town and Country Planning General Development (Amendment) Order 1988 under that section as extended; this Order will come into effect 21 days after it is laid before Parliament. The Regulations and Order will be available from Her Majesty's Stationery Office shortly and copies will be sent to the addressees of this circular.

3: This circular explains the provisions of the Regulations and gives advice on their implementation. The circular also sets out the provisions which will be made in respect of local authorities' own development and Crown development..

4: The Regulations and circular apply to England and Wales. Similar provision for projects subject to planning control is being made In Scotland and Northern Ireland. Procedures for projects approved under other legislation (e.g. under the Highway Acts) will be the subject of separate subordinate legislation and separate guidance issued by the relevant Government departments.

5: The Directive's starting point is that the best envirownental policy consists in preventing the creation of pollution or nuisances at source, rather than subsequently trying to counteract their effects'. To this end the Directive afarms the need to take effects on the environment into account at the earliest possible stage in all the technical planning and decision-making processes'. Its purpose is to introduce general principles of assessment 'with a view to supplementing and co-ordinating development consent procedures governing public and private projects likely to have a major effect on the envirownent'.

6: The background to the Directive is that not all European countries have a system which provides for detailed case-by-case scrutiny of new development proposals. In the U.K. there is already a highly developed body of planning and pollution control legislation which is designed to ensure that the environmental and other consequences of individual proposals are fully considered before permission is given. In principle the existing development control system is already capable of ensuring that thd objectives of the Directive are met in most types of case. Local planning authorities can already request information about the likely effects of development when considering a planning application, and they have power to call for further information. These provisions will remain in place; and it is important that the requirement for formal envirownental assessment of a small proportion of projects should not be seen as in any way lessening the general responsibility of planning authorities to consider the environmental implications (if any) of all-projects which are subject to planning control.

7 Formal environmental assessment (EA) is essentially a technique for drawing together, in a systematic way, expert quantitative analysis and qualitative assessment of a project's environmental effects, and presenting the results in a way which enables the importance of the predicted effects, and the scope for modifying or dtigating them, to be properly evaluated by the relevant decision-making body before a decision is given. Environmental assessment techniques can help both developers and public authorities with enviromnental responsibilities to identify Rely effects at an early stage, and thus to improve the quality of both project planning and decision-making.

8: It has been the Govemment's aim in implementing the requirements of the Directive to ensure that no unnecessary additional burdens are placed on either developers or authorities. The process of environmental assessment should not be imposed where it is not required by the Directive. However, for projects for which environmental assessment is necessary, there are often benefits to developers in designing the scheme if the assessment process is initiated at a sufficiently early stage, and particularly if consultations are undertaken with the planning authority and other interested bodies during the preparatory stages. To the extent that environmental statements present in a more systematic way information which would in any case have to be supplied by the developer, they may simplify the task of appraisal for the planning authority and enable swifter decisions to be reached. But while such statements will need to comply with the requirements of the Directive, it is important that they should be prepared on a realistic basis and without undue elaboration, and that the additional costs imposed on developers by the requirement to provide information about environmental effects should be kept to the minimum consistent with compliance with the Directive. The Government will shortly be publishing a booklet offering advice on the use of the technique, and the scope and content of environmental statements.

The requirements of the Directive

9 The statutory requirement in relation to any project to which the Regulations apply is to comply with the Regulations. However, it may from time to time be helpful to refer to the provisions of the Directive itself. The Directive requires that projects which are likely to have significant effects on the environment by virtue inter alia of their nature, size or location shall be subject to an assessment of those effects. Projects of the types listed in Annex 1 to the Directive are to be subject to environmental assessment in every case. Projects of the types listed in Annex II are to be subject to assessment when member states consider that their characteristics so require, i.e., where there are likely to be significant effects on the environment.

10 In cases to which the requirement applies, the developer is to provide the information about the effects of the project summarised in article 3 of the Directive and set out in greater detail in Annex Ill. Article 5 requires member states to ensure that the developer supplies the information specified in Annex Ill 'inasmuch as the member states consider that the information is relevant to ... the specific characteristics of a particular project or type of project and of the environmental features likely to be affected'; and indicates the minimum information to be supplied in every case.

11 Where appropriate, the Directive provides for public authorities with relevant information in their possession to make it available to the developer so that he can meet his obligations to provide information. The information provided by the developer is to be published, and authorities with relevant environmental responsibilities and the public are to be given an opportunity to express an opinion about the project. The information collected in this way is to be taken into consideration in the decision-making process.

The Regulations

12 A full account of the Regulations is given in Appendix B to this circular. The term environmental assessment refers in this circular to the whole process required to reach the decision, i.e., the collection of information on the environmental effects of a project, the consideration of that information which must be carried out by the local planning authority and the final judgment resulting in development consent or refusal. The process of assessment will involve consideration of environmental information from a number of sources-from the developer, from statutory consultees and from other third parties as well. The information gathered by the developer and put forward in conjunction with his planning application is referred to in the Regulations as the environmental statement.

13 The types of project listed in Schedules 1 and 2 to the Regulations correspond to those listed in Annexes I and H to the Directive which require planning permission. Projects requiring environmental assessment are therefore referred to in this circular as Schedule 1 projects and Schedule 2 projects. The Directive's requirements as to the information to be provided by the developer in his enviromnental statement are brought together in Schedule 3 to the Regulations.

Establishing the need for environmental assessment

14 Under the Regulations, it will initially fall to local planning authorities to consider whether a proposed development requires enviromnental assessment. For this purpose they will first need to consider whether a project falls within the scope of Schedule 1 or Schedule 2 to the Regulations.

15 Schedule 1 projects require environmental assessment in every case. The Regulations provide that planning permission shall not be granted for projects of this kind unless the authority granting the permission has first taken the environmental information into consideration.

16 Schedule 1 amplifies the definition of certain of the terms used in Annex I to the Directive ('integrated chemical installation', 'waste disposal installation'). Some types of project which appear in Annex I to the Directive (e.g. nuclear power stations) are omitted from Schedule 1 because they fall to be considered under procedures other than planning procedures.

17 Schedule 2 projects require environmental assessment if they are likely to have significant effects on the environment by virtue of factors such as their nature, size or location. Under the Regulations a project is to be taken as being likely to have significant environmental effects when the applicant and the local planning authority agree that this is the case; when the applicant volunteers an environmental statement which is expressed to be for the purposes of the Regulations; or when the Secretary of State directs that consideration of environmental information is required. In such cases planning permission shall not be granted unless the person granting the permission has first taken the environmental information into consideration.

Identifying relevant Schedule 2 projects

18 The basic question to be asked is whether a project is likely to give rise to significant environmental effects. The following paragraphs indicate the considerations which should be taken into account in deciding whether in a particular case environmental effects are likely to be significant enough to require environmental assessment and therefore to justify the extra work which may need to be done by the developer to comply with the requirement.

19 As a starting point, authorities will find it helpful to study the terms of Schedule 3 to the Regulations which sets out the scope of the information which may be called for where an environmental statement is to be provided, and thus indicates the sort of factors which are relevant in considering whether environmental assessment is necessary in Schedule 2 cases. The list of aspects of the environment which might be significantly affected by a project is set out in paragraph 2 of Schedule 3, and includes 'human beings; flora; fauna; soil; water; air; climate; the landscape; the interaction between any of the foregoing; material assets; the cultural heritage'. Paragraph 3 indicates that consideration may also need to be given to 'the use of natural resources, the emission of pollutants, the creation of nuisances and the elimination of waste'. These are comprehensive lists, and a particular project may of course give rise to significant effects, and require full and detailed assessment, in only one or two respects.

20 In general terms the Secretary of State's view is that environmental assessment will be needed for Schedule 2 projects in three main types of case:-

(i) for major projects which are of more than local importance;

(ii) occasionally for projects on a smaller scale which are proposed for particularly sensitive or vulnerable locations;

(iii) in a small number of cases, for projects with unusually complex and potentially adverse environmental effects, where expert and detailed analysis of those effects would be desirable and would be relevant to the issue of principle as to whether or not the development should be permitted.

21 The Secretary of State's view is that the number of projects falling within these categories will be a small proportion of all Schedule 2 projects; and that in most cases there should be little difficulty in deciding whether or not environmental assessment is needed. It must be emphasised that the basic test of the need for environmental assessment in a particular case is the likelihood of significant enviromnental effects, and not the amount of opposition or controversy to which a project gives rise, except to the extent that the substance of opponents' arguments indicates that there may be significant environmental issues.

Projects of more than local importance

22 Projects which are of more than local importance will sometimes by virtue of sheer scale have wide-ranging environmental effects which would justify an environmental assessment. For projects on this scale the submission of environmental statements has become increasingly common on a voluntary basis in recent years. Examples of this type of project are large mining operations, substantial new manufacturing plant of the categories listed in Schedule 2 and major infrastructure projects such as barrages. Major projects which substantially depart from approved development plans may particularly require environmental assessment.

23 There is likely to be an overlap between the circumstances in which environmental assessment may be necessary because a project is of more than local importance, and those in which the Secretary of State may wish to exercise his power of 'call-in'.

Projects in sensitive locations

24 The relationship between a project and the location proposed for it will often be a crucial consideration. For any given development proposal, . the more environmentally sensitive the location, the more likely it is that environmental effects will be significant and will warrant assessment. Consideration should be given to the need for environmental assessment where a Schedule 2 project is likely to have significant effects on the special character of a protected area or site, such as a national park, an area of outstanding natural beauty, a site of special scientific interest, a national nature reserve or an area or monument of major archaeological importance. Any views expressed by the Nature Conservancy Council, the Countryside Commission or the Historic Buildings and Monuments Commission (CADW in Wales) should be taken into account. Authorities should consult those bodies where they are in doubt about the significance of a project's likely effects on the natural or built heritage.

25 Sensitive locations include urban locations where the characteristics of proposed development would be likely to have significant effects on heavy concentrations of population (see the criteria for 'urban development projects' in Appendix A).

26 Special considerations apply to sites of special scientific interest which have also been classified as special protection areas (SPAS) under the EC Birds Directive (EEC/791409) and/or as wetlands of international importance under the Ramsar Convention. In such areas there is a particular obligation to avoid developments which could have a damaging effect on the nature conservation interests of the site, as explained in DOE Circular 27/87 (Welsh Office 52/87): 'Nature Conservation'. It follows that the environmental effects of any proposed development either in or very close to such areas should be subjected to the most rigorous examination.

27 It needs to be emphasised that in the Secretary of State's view not all Schedule 2 projects affecting sensitive areas will require environmental assessment: in each case it will be necessary to judge the likely significance of the environmental effects in the particular location proposed for the project. In particular, the Secretary of State does not consider that there should be an automatic presumption that assessment will be needed simply because the proposal is located in a designated area such as a national park, an area of outstanding natural beauty, or a green belt. The test is whether the project is likely to have significant effects on the area's environment. Normal planning procedures should suffice in many cases.

Projects with particularly complex and potentially adverse effects

28 A small number of projects not already falling into the two categories discussed in paragraphs 22-27 may give rise to particularly significant environmental effects which merit detailed appraisal. Industrial projects involving emissions which are potentially hazardous to man and nature may from time to time fall into this category: for example, discharges of potentially hazardous effluent into the headwaters of a dyer system, into a source of potable water supply, or into waters in a special protection zone. Projects which could give rise to significant effects far removed from the site of the development itself may particularly fall into this category.

29 The Regulations will not alter the respective statutory responsibilities of the local planning authority and those authorities responsible for granting specific consents under other legislation. But they will strengthen the need for appropriate consultations at the planning application stage, e.g. with HM Inspectorate of Pollution and with the local enviromnental health department. The issues raised by the need for such consents and consultations are often issues which are material to the decision on the planning application. The preparation of an environmental statement in consultation with the relevant authorities may be helpful in ensuring that the planning authority has expert analysis and full information on the likely effects of the development before any decision is taken on the planning application, and can take these into account to the extent that they are relevant to the question of whether the development should be permitted. The preparation of an environmental statement may also help to identify action which could be taken to mitigate environmental effects at a stage when plans can be adapted without serious difficulty or delay.

Indicative criteria and thresholds

30 Given the range of Schedule 2 projects, and the importance of Vocational factors it is not possible to formulate criteria or thresholds which will provide a simple test in all cases of whether environmental assessment is or is not required. The most that such criteria can offer is a broad indication of the type or scale of project which may be a candidate for assessment-and conversely, an indication of the sort of project for which assessment is not likely to be required.

31 Appendix A to this circular lists, for certain of the categories of project in Schedule 2, criteria and thresholds of this kind which are intended to indicate the types of case in which, in the Secretary of State's view, environmental assessment may be required under the Regulations. These are only indicative: the fundamental test to be applied in each case is the likelihood of significant envirom-nental effects. Projects which exceed these thresholds will not in every case require assessment; conversely, there can be no automatic presumption that projects fallinc, below these thresholds will never give rise to significant effects, particularly where the proposed site is in a sensitive area. Nor should the absence of a threshold for a particular type of Schedule 2 development be taken to imply that all projects of that type can be assumed not to have significant effects. For some types of project the issue of significance is bound to be a matter Or judgement and quantified criteria have little relevance.

32 Quantified criteria cannot easily deal with the issue of 'incremental' development, i.e. the situation where a series of planning applications for similar development individually fall below the threshold but cumulatively exceed it. It should be noted, however, that the individual developer can be asked to provide an enviromnental statement only in respect of the particular development he proposes where the likely effects of that development would call for one: the wider implications would be for the planning authority to consider in the light of the information provided by the developer and any necessary consultation with other interested bodies.

33 The criteria and thresholds in Appendix A will be kept under review in the light of experience in implementing the Regulations.

The statutory procedures

34 Details of the p rocedures embodied in the Regulations to give effect to the Directive are given in Appendix B to this circular.

35 Enviromnental assessment techniques will be of greatest benefit to developers and decision-making authorities if they are applied early in the planning stages of, a project. Developers are therefore strongly advised to approach planning authorizes at as early a stage as possible in cases where there is likely to be any question of the need for them to provide an enviromnental statement. While developers are not legally obliged to disclose information about development proposals before submission of a planning application, it will generally be helpful to them to be aware of the concerns of local planning authorities and environmental control agencies such as HM Inspectorate of Pollution, water authorities and environmental health departments at a much earlier stage. Similarly, it will be helpful to those authorities to be able to take account of the likely effects of possible developments as soon as they are known.

36 Since the requirement to provide an environmental statement may affect the way in which a developer prepares a project, the Regulations make provision for developers to request, in advance of making a planning application, an opinion from the local planning authority on whether a particular project is likely to require assessment. Any such request will, however, be voluntary.

37 Where the local planning authority takes the view that assessment is require@ but the developer disagrees, it will be open to the developer to apply to the Secre" of State for his direction on whether or not envirownental assessment is required in any particular case.

38 The local planning authority and (where the matter is referred to him) the Secretary of State will be required to give full reasons for a decision to require environmental assessment. Details of the proposed development, and of the reasons for requiring assessment will be made available to the public at the office where the local planning authority keeps the planning register. A decision on the need for enviromnental assessment is of course a decision about the significance of the issues raised by the proposal, not a direct judgement on its planning merits. A decision not to require assessment in a particular case carries no implication that planning permission will or should be granted for the development.

39 In most cases it should be possible, even at the pre-application stage, for the developer to supply sufficient information about the project to enable the planning authority and the Secretary of State to form a judgement about the likely significance of the environmental effects and give a ruling on the need for enviromnent@ assessment. Where the authority or the Secretary of State consider that further information is required, they or he will ask the developer to provide it. The local planning authority are required by the Regulations to give their opinion within three weeks of receivin- an application. There is provision for extension of the period by agreement, but in the interests of avoiding delay to the decision the local planning authority should make the judgement at the earliest possible moment, as will the Secretary of State.

40 The Secretary of State's power to direct that environmental assessment is or is not required will normally be exercised when an application is made to him by the developer under these arrangements. The Secretary of State's power will, however@ be generally available. There may be cases where information submitted to the Secretary of State by other bodies or persons suggests the need for assessment. In such cases it will be open to the Secretary of State to issue a direction without waiting for the developer to apply for one though in normal circumstances he would give both the local planning authority and any known potential developer an opportunity to comment before reaching his decision.

41 Once a decision on the need for enviromnental assessment has been reached and an environmental statement has been prepared, the procedures closely follow existing procedures for deciding planning applications. The main differences are that there will be additional publicity requirements and that-partly to allow for diese-the planning authority will have 16 weeks in which to detemiine the planning application, instead of the normal eight weeks.

42 The preparation of an environmental statement is bound to require the developer to work out his proposals in some detail; otherwise any thorough appraisal of likely effects will be impossible. It will be for the planning authority to judge how much information is required in the particular case. The information given in the environmental statement will have an important bearing on whether matters may be reserved in an outline planning permission. Where the information states or implies a particular treatment of any matter, it will not be appropriate to reserve that matter in the planning permission.

43 There is no statutory provision as to the form of an environmental statement. The requirement is to provide the information specified in Schedule 3 to the Regulations, which reflects Articles 3 and 5 of, and Annex HI to, the Directive. It will be for the local planning authority to decide whether the information provided by the developer is sufficient to enable it to determine the planning Application. The authority will be able to use its powers to call for further- information and supporting evidence under Regulation 21 and under Article 5 of the General Development Order.

44 It will not be open to the local planning authority to take the view that a planning application is invalid because an inadequate environmental statement has been supplied or because the applicant has not provided further inforirnation when required to do so under Regulation 21 or under Article 5 of the General Development Order. In that event, if further information cannot be obtained from the developer, it will be for the local planning authority to decide whether to refuse permission. If so, or if the local planning authority fail to give a decision on the application within the 16 week period, the developer will have the normal right of appeal to the Secretary of State.

Local authorities'own development

45 The Regulations make provision for applying the requirements of the Directive to developments proposed by local authorities under the Town and Country Planning General Regulations 1976 (SI No. 1419). Authorities are placed under a duty to prepare and publish an environmental statementfor any developmentfalling within Schedules 1 and 2 which they propose and which, in the case of a project falling within Schedule 2, is likely to have significant environmental effects, and to take the environmental information into consideration before passing a resolution under Regulation 4(5) of the 1976 Regulations.

This paragraph is cancelled by DOE 19192, paras 31-34.

46 Authorities will note that this provision is of particular relevance to local highway proposals and to proposalsfor waste disposal installations (see paragraphs 20-21 and 24 ofappendix A).

This paragraph is cancelled by DOE Circular 19/92, paras 31-34.

47 Theenvironmentaistatementmustbepreparednolaterthantheresolutionwhich the authority is required to pass under Regulation 4(1) or 5(2) of the 1976 Regulations. Authorities are under broadly the same obligations as other developers with respect to the preparation of environmental statements and publicity for them and are required to consult on their own statements and to place them on the planning register in the normal way. This paragraph is cancelled by DOE Circular 19192, paras 31-34.

48 TheSecretaryofState'spowerofdirectionappliestolocalauthoritydevelopment proposals. Where the Secretary of State makes a direction requiring a particular development proposal to be subject to environmental assessment after the authority has passed a resolution pursuant to Regulation 4(1) or 5(2) of the 1976 Regulations the effect of that resolution will be suspended until the authority publishes an environ7nental statement and places it on the planning register. This paragraph is cancelled by DOE Circular 19/92, paras 31-34.

Crown development

49 Like the Town and Country Planning Acts, the Regulations do not bind the Crown. Developments by Crown bodies which Would require planning permission if they were roposed by any other pers on and which require environmental assessment under the terms of the Regulations are likely to be very uncommon in England and Wales. When any such development is proposed, the Crown body concerned will submit an environmental statement to the local planning authority when consulting them under the arrangements set out in Part IV of the Memorandum to DOE Circular 18184 (Welsh Office Circular 37/84). In addition, the Ministry of Defence will, in appropriate circumstances and subject to considerations affecting national security, provide environmental statements in respect of major defence projects, and the Department of Transport will do so in respect of proposed new motorway service areas, even though the Directive doe's not require EA for these types of development.

Enterprise zones, simplified planning zones and new towns

50 Further guidance will be issued shortly on the application of the Directive to EZs, SPZs and new towns.

Monitoring arrangements

51 For monitoring purposes, authorities are required by the Regulations to notify the Secretary of State of all cases in which an environmental statement is provided under the Regulations; and to supply copies of the statement s. A copy of each statement should be sent to the appropriate regional.office of the Department (or in Wales, to the Welsh Office) as soon as possible after receipt from the developer.

52 To enable the guidance in this circular to be kept under review in the early stages of implementation of the Directive (paragraph 33 above), authorities are also asked to inform the Secretary of State of all cases in which they give an opinion that environmental assessment is required, with brief details of the proposed development in question. This could most easily be done by sending to the appropriate DOE regional office (or in Wales to the Welsh Office) @ copy of the documents which, 'der Regulation 5(5), have to be made publicly available when an opinion is given.

53 Article 7 of the Directive requires that where a proposed development is likely to have significant effects on the enviromnent in another member state, the envirownental information relating to it shall be made available to that state as a basis for any necessary consultations. The Secretary of State will consider envirownental statements copied to him with this requirement in mind, and will notify planning authorities in any case where consultation appears to him to be necessary.

54 Copies of environmental statements sent to the Secretary of State will, once all procedures relating to the planning application have been completed, be placed in the Department of the Environment Library (or in Wales, the Welsh Office Library), where they will be available for inspection by the public.

Financial and manpower implications

55 Developers who are required to prepare environmental statements may incur some additional costs in doing so. However, in major cases much of the information comprising the statement would be likely to be provided in any case, particularly if the proposal is one which under existing planning procedures would go to public inquiry. In deciding on the extent of the information required to be submitted, planning authorities' aim should always be to keep the costs imposed on developers to the minimum consistent with compliance with the Regulations.

56 Implementation of the Directive will have some limited staff and other resource implications for local planning authorities and statutory consultees. The implications will vary from authority to authority according to the incidence of environmentally significant development projects. There will be a small amount of additional work involved in deciding on the need for enviromnental assessment particularly in Schedule 2 cases, though in general it is expected that this will form part of normal pre-application consultations between the developer and the authority. Where an environmental statement is submitted, the systematic analysis of the project's effects should result in administrative savings in considering the application, and the possibility of an earlier decision. There may be additional costs for planning authorities where consultants have to be engaged to advise on the appraisal of highly technical or specialist evidence; but such cases should be exceptional.

The Chief Executive

County Councils }

District Councils } in England and Wales

London Borough Councils

Council of the Isles of Scilly

The Town Clerk, City of London

The National Park Officer

Lake District Special Planning Board

Peak Park Joint Planning Board

The Chief Executive, Urban Development Corporations

The General Manager, New Town Development Corporations

APPENDIX A SCHEDULE 2 PROJECTS SUBJECT TO CONTROL UNDER THE PLANNING ACTS

Indicative criteria and thresholds for identification of projects requiring environmental assessement (EA)

Note: Regard should be had to the general advice on significance given in paragraphs 18-29 of the circular, and also to the advice in paragraphs 30-33 on the use of these criteria and thresholds.

Agriculture

1 New pig rearing installations will not generally require EA: however, those designed to house more than 400 sows or 5,000 fattening pigs may require EA.

2 New poultry rearing installations will not generally require EA: however, those designed to house more than 100,000 broilers or 50,000 layers, turkeys or other poultry may require EA.

3 Salmon fanning. Both salmon hatcheries and installations for the rearing of salmon are listed in Schedule 2. The need for EA for such developments will depend on the environmental effects generally and also on the particular implications for a river system: however, smaller developments designed to produce less than 100 tonnes of fish a year should not normally require EA.

4 New drainage and flood defence works may merit EA where it emerges from the consultations between drainage bodies and environmental interests (in order to comply with their obligations under section 22 of the Water Act 1973, as amended by section 48 of the Wildlife and Countryside Act 1981) that the project in question is likely to have a significant environmental effect. In disputed cases the Secretary of State will decide on the need for EA after taking into account the views of the relevant Agriculture Minister in view of his statutory responsibilities under the Land Drainage Act 1976.

Extractive industry

5 Whether or not mineral workings would have significant enviromnental effects so as to require EA will depend upon such factors as the sensitivity of the location, size, working methods, the proposals for disposing of waste, the nature and extent of processing and ancillary operations and arrangements for transporting minerals away from the site. The duration of the proposed workings is also a factor to be taken into account.

6 It is established mineral planning policy that minerals applications in national parks and areas of outstanding natural beauty should be subject to the most rigorous examination, and this should generally include EA.

7 All new deep mines, apart from small mines, may merit EA. For opencast coal mines and sand and gravel workings, sites of more than 50 ha may well require EA and significandy smaller sites could require EA if they are in a sensitive area or if subjected to particularly obtrusive operations.

8 Whether rock quarries or clay operations or other mineral workings require EA will depend on the location and the scale and type of the activities proposed.

9 Por oil and gas extraction the main considerations will be the volume of oil or gas to be produced, the arrangements for transporting it from the site and the sensitivity of the area affected. Where production is expected to be substantial (300 tonnes or more per day) or the site concerned is sensitive to disturbance from normal operations, EA may be necessary. Exploratory deep drilling would not normally require EA unless the site is in a sensitive location or unless the site is unusually sensitive to limited disturbance occurring over the short period involved, it would not be appropriate to require EA for exploratory activity simply because it might eventually lead to production of oil or gas.

Manufacturing industry

10 New manufacturing plants requiring sites in the range 20-30 ha or above may well require EA.

11 In addition, EA may occasionally be required for new manufacturing plants on account of expected discharge of waste, emission of pollutants, etc., Among the factors to be taken into account are the following:-

-whether the project involves a process designated as a 'scheduled process' for the purpose of air pollution control;

-whether the process involves discharges to water which require the consent of the water authority;

- whether the installation would give rise to the presence of environmentally significant quantities of potentially hazardous or polluting substances;

-whether the process would give rise to radioactive or other hazardous waste.

12 Whether or not a project involvingsuch a process requires EA will depend on the location, nature and significance of the emissions, etc., involved: in forn-fing a judgment on this local planning authorities may find it helpful to consult the relevant authorities (HMIP, HSE, the water authority or the environmental health authority). It should be noted that existing controls over hazardous and polluting substances will not be affected by the Regulations and the need for a consent under other legislation will not in itself be a justification for EA: authorities will need to consider with the relevant authority the likely significance, from the point of view of the possible need for EA, of the matters which give rise to the need for the consent.

Industrial estate development projects

13 Industrial estate developments may require EA where:-

(i) the site area of the estate is in excess of 20 ha; or

(ii) there are significant numbers of dwellings in close proximity to the site of the proposed estate, e.g. more than 1,000 dwellings within 200 metres of the site boundaries.

Smaller estates might exceptionally require EA in sensitive urban or rural areas, particularly if associated with other works (e.g. roads, canalisation projects, flood relief works) which are listed in Schedule 2.

14 Assessment of an industrial estate proposal as an infrastructure project will not necessarily remove the need for assessment of individual industrial installations to be provided within the estate. These might require EA if they fall within Schedule 2 and are likely to give rise to significant environmental effects which need to be appraised separately from the effects of the estate as a whole.

Urban development projects

15 Redevelopment of previously developed land is unlikely to require EA unless the proposed use is one of the specific types of development listed in Schedules 1 or 2 (other than items 10(a) and 10(b)) or the project is on a very much greater scale than the previous use of the land.

16 'fhe need for EA for new urban development schemes on sites which have not previously been intensively developed should be considered in the light of the sensitivity of the particular location. Such schemes (other than purely housing schemes) may require EA where:-

(i) the site area of the scheme is more than 5 ha in an urbanised area; or

(ii) there are significant numbers of dwellings in close proximity to the site of the proposed development, e.g. more than 700 dwellings within 200 metres of the site boundaries; or

(iii) the development would provide a total of more than 10,000 sq. metres (gross) of shops, offices or other commercial uses.

Proposals for high rise development (e.g. over 50 metres) are not likely to be candidates for EA for that reason alone; but this may be an additional consideration where one or more of the above criteria is met.

17 Smaller urban development schemes may require EA in particularly sensitive areas, e.g. central area redevelopment schemes in historic town centres. In this context conservation area designations, particularly if associated with high concentrations of listed buildings, should be taken into account in assessing the significance of a proposed development. In cases of doubt HBMC (CADW in Wales) should be consulted on the need for EA in relation to projects affecting the built heritage. However, it should be borne in mind that the normal planning and listed building controls already ensure that the effects of development proposals on the built heritage are considered.

18 The need for EA in respect of proposals for major out-of-town shopping schemes should also be considered in the light of the sensitivity of the particular location. For such schemes a floor area threshold of about 20,000 sq. metres (gross) may provide an indication of significance (cf. paragraph 22 of Planning Policy Guidance Note No. 6).

Local roads

19 The construction of new motorways will require EA under Schedule 1. Outside urban areas, the construction of new roads and major road improvements over 10 km in length, cf over 1 km in length if the road passes through a national park or through or within 100 metres of a site of special scientific interest, a national nattire reserve or a conservation area, may require EA.

20 Within urban areas, any scheme where more than 1,500 dwellings lie within 100 metres of the centre line of the proposed road (or of an existing road in the case of major improvements) may be a candidate for EA.

Airports

21 The construction of airports with a basic runway length of over 2,100 metres will require EA under Schedule 1. Smaller new airports will also generally require EA. EA may also be required for major works such as new runways or passenger terminals at larger airports, the original development of which would have required EA under Schedule 1.

Other Infrastructure projects

22 A broad indication of likely environmental effect may be given by the land requirement for an infrastructure project. Projects requiring sites in excess of 1 00 ha may well be candidates for EA.

Waste disposal

23 Installations, including landfill sites, for the transfer, treatment or disposal of household, industrial and commercial wastes (as defined in the Collection and Disposal of Waste Regulations 1988) with a capacity of more than 75,000 tonnes a year may well be candidates for EA even when the special considerations relating to hazardous wastes (paragraph 11 above) do not arise. Except in the most sensitive locations, sites taking smaller tonnages of these wastes, Civic Amenity sites, and sites seeking only to accept inert wastes (demolition rubble, etc.) are unlikely to be candidates for EA.

APPENDIX B: ENVIRONMENTAL ASSESSMENT OF PROJECTS REQUIRING PLANNING PERMISSION

Legal provisions and procedures

1 This Appendix sets out the procedures provided for by the Town and Country Planning (Assessment of Environmental Effects) Regulations 1988 ('the Regulations'). It is intended as a guide, and it must be stressed that it is not definitive. An authoritative statement of the law can be made only by the courts.

Ledal framework

2 Regulation 4 prohibits the granting of planning permission for developments which require enviromnental assessment (EA) in accordance with the Regulations unless the local planning authority (or where appropriate the Secretary of State or an inspector) has first taken the environmental information into consideration. The local planning authority for this purpose is the authority with the function of determining any planning application for the development in question and may be an urban development corporation or housing action trust which has the functions of a local planning authority. The prohibition applies to any development (unless exempted by the Secretary of State) for which application is lodged on or after 15th July 1988 and which is either a development of a description set out in Schedule 1 to the Regulations (a Schedule 1 application) or a development of a description set out in Schedule 2 which is likely to have significant environmental effects by virtue of factors such as its nature, size or location (a Schedule 2 application). For the purposes of the Regulations, the environmental information to be taken into consideration consists of an environmental statement prepared by the applicant together with comments or representations about the development made by statutory consultees and members of the public. An environmental statement is a document or series of documents containing the information specified in Schedule 3 to the Regulations.

3 Under the Regulations an application will be a Schedule 1. or Schedule 2 application if-

(a) the developer takes the view that it is such an application and expressly submits an environmental statement;

(b) the local planning authority expresses the opinion that it is such an application and the developer accepts that opinion or does not contest it;

(c) the Secretary of State directs that consideration of environmental information is required or (where Regulation 10 applies) gives a notification to that effect.

4 Where it is known that a particular proposed development requires EA, Regulations 8 and 22 provide that certain public bodies must make information in their possession available to the developer for the purposes of preparing the environmental statement.

5 Before submitting an environmental statement in connection with a planning application Regulations 12 or 13 require the developer to publish notices in newspapers circulating in the locality and post site notices, as required for certain types of development by section 26 of the Town and Country Planning Act 1971 (the '1971 Act').

6 The provisions of the Town and Country Planning Acts and of statutory instruments made under diem continue to apply to planning applications for development which require EA except where the Regulations make different provisions. The main differences are-

(a) certain bodies (specified in regulation 8(5)) are to be consulted in add -ition to those specified in Article 15 of the GDO;

(b) the period after which appeal against non-determination may be made is extended to 16 weeks.

Procedures for establishing the need for EA

PRE-APPLICATION PROCEDURES

7 Local planning authority opinion. It is open to a developer at any time prior to making a planning application to ask the local planning audiority to state whether in their opinion a proposed development would be a Schedule 1 or Schedule 2 application so that he needs to prepare an environmental statement (Regulation 5(1)). Such requests should be made to the authority which would deal with the planning application for the project. For example, a request for an opinion on whether a proposed mineral extraction would be a Schedule 2 application should be addressed to the appropriate mineral planning authority. In all cases the developer must indicate the proposed location on a plan, and describe briefly the nature and purpose of the proposal and its possible environmental effects, giving a broad indication of their likely scale.

8 On receipt of such a request, the authority should consider whether the proposed development falls within Schedule 1; or whether it falls within Schedule 2 and, having regard to the advice in this circular and to the indicative criteria and thresholds in Appendix A, is likely to have significant environmental effects by virtue of factors such as its nature, size or location.

9 Requestforfiirther information. If the authority consider that the information provided is insufficient to enable them to give an opinion, they should specify to the developer what further information they require in order to do so. It is unlikely that such cases will arise frequently, since it will normally be clear from a brief description whether a project falls within Schedules 1 or 2 and, if it falls within Schedule 2, whether or not it is likely to have significant environmental effects. Authorities should bear in mind that what is in question at this stage is the broad significance of the issues raised by the proposal; they should not require as much information as would be expected to support a planning application.

10 Consultations. There is no provision in the Regulations for consultations about the need for EA. However, where an authority are uncertain whether or not the environmental effects of a proposed project are likely to be significant, so as to require consideration of enviromnental information, they may seek advice from relevant expert bodies such as the Nature Conservancy Council or HM Inspectorate of Pollution. The likely significance of a proposed project's environmental effects should normally be evident from the information provided by the developer and the guidance given in this circular; requests for further advice on the need for environmental assessment should be made sparingly.

11 Notification of opinion. An authority should notify its opinion to the developer within 3 weeks of receiving his request; this period may be extended if the authority and developer so agree in writing. When giving an opinion that EA is necessary the authority are required to state the full reasons for their conclusion clearly and precisely. This statement will help the preparation of the environmental statement by indicating the aspects of the proposed development's environmental effects which the authority considers to be likely to be particularly significant. It will also indicate the issues to be considered should the developer decide to apply to the Secretary of State for a direction on the matter. As noted in paragraph 52 of the circular, for monitoring purposes authorities are asked to notify the Secretary of State of all cases in which they give an opinion that EA is required.

12 Public inspection. An authority giving their opinion under these provisions are required to make a copy of the relevant documents available for public inspection at the place where they keep the planning register. The documents to be made.available are the request for an opinion and the documents accompanying it, the opinion itself and, where the opinion is to the effect that environmental assessment is necessary, the authority's reasons. If a planning application is subsequently made for development to which the opinion relates, the opinion and related documents should be transferred to Part 1 of the register with the application.

13 Application to Secretary of Statefor direction. Where an authori ty give an opinion to the effect that environmental assessment is required or fail to give any opinion within 3 weeks (or any agreed extension) the developer may apply to the Secretary of State for a direction on the matter. This application must be accompanied by all the previous documents relating to the application together with any representations which the developer wishes to make. The developer should send to the authority a copy of the application and any representations.

14 There is no statutory provision for an authority to make representations to the Secretary of State on such an application since they should already have given a clear and precise statement of the full reasons for their view. However, the authority are free to make representations if they consider it necessary. In considering the matter, the Secretary of State will have in mind the guidance given by, this circular.

15 Notification of di@ection. The Secretary of State is required to issue a direction (which must be accompanied by a clear and precise statement of his full reasons where the direction is to the effect that consideration of environmental information is required) within 3 weeks ftom the receipt of an application, or such longer period as he may reasonably require. He will send copies of the direction to the applicant and the local planning authority. The authority are required to make a copy available for inspection with the other documents referred to in paragraph 12 above.

16 Effect of opinion or direction. By following these procedures a developer can nortnally establish, before making a planning application, whether he needs to prepare an environmental statement for a particular project. The local planning authority's opinion is binding (unless overridden by a direction). However, an opinion can apply only in respect of the information about a proposed development provided at the time. There may exceptionally be cases where an opinion has been given that no environmental statement is required in respect of a proposed development, and it subsequently becomes evident (for example from further information submitted in support of a planning application) that the proposed development is nevertheless a Schedule 1 application or falls within Schedule 2 and is likely to have significant environmental effects. In such cases it will be necessary for environmental information to be considered before planning pemiission can be granted and the procedures described in paragraphs 21 to 27 below will apply. The authority must observe a direction given by the Secretary of State but it is possible for him to cancel or vary it should he have proper grounds for doing so.

17 The pre-application procedure described in the preceding paragraphs is voluntary. A valid planning application may be made without prior recourse to this procedure, whether or not an environmental statement is required. However, developers are encouraged to consult the local planning authority in advance of making a planning application since it is advantageous for environmental statements to be prepared in the context of the design stage of a project rather than after a planning application has been submitted. Developers will, however, need to bear in mind that the opinions and directions are public documents. It will remain open to a developer to seek an informal view from an authority's officers on whether he needs to prepare an environmental statement but such a view can have no binding effect. Nor is an informal view that EA is necessary sufficient to trigger the duty of public bodies to provide infoltnation in their possession for the purpose of preparing an environmental statement (see paragraphs 32 to 38).

SECRETARY OF STATE'S POWER TO MAKE A DIRECTION WITHOUT AN APPLICATION

18 The Secretary of State may exercise his power of direction even where no application for a direction has been made to him. He may exercise this power both before any planning application has been made, and where such an application has been made but not determined. He may also give general directions to the effect that consideration of environmental information is required for developments of a particular class. It is proposed that such general directions will be notified to local planning authorities by circular; no such general direction is contained in this circular.

19 The Secretary of State's power to make a direction in relation to a particular proposed development where no application for one has been made to him under these procedures will be used to require EA for development proposals which come to his notice (e.g. on representations from third parties) and which appear to him to be Schedule 1 applications or to fall within Schedule 2 and to be likely to have significant environmental effects, taking into account the criteria set out in this circular, even though neither the local planning authority nor the developer take that view. In such cases, depending on the circumstances, the Secretary of State will normally give the local planning authority and any known potential developer the opportunity to make representations. A direction when made will be copied to the developer (where known) and the local planning authority who must make a copy available for public inspection as set out in paragraph 12 above. As with the power to call in an application under section 35 of the 1971 Act, the Secretary of State would expect to use the power to make directions in these circumstances, or to be asked to use it, only exceptionally.

PLANNING APPLICATION ACCOMPANIED BY 'VOLUNTARY' ENVIRONMENTAL STATEMENT

20 It is open to a, developer to 'volunteer' an environmental statement, i.e. to submit a document or documents containing the information specified in Schedule 3 together with a planning application without the Secretary of State having directed that consideration of environmental information is required or the local planning authority having expressed an opinion to that effect. If the applicant expressly states that the document or documents containing the information constitute an environmental statement for the purposes of the Regulations, the application should be treated immediately as an application to which the Regulations apply. If the applicant makes no such statement the authority should consider under the procedures described in the following paragraphs whether consideration of environmental information is required. If they conclude that that is the case and the developer agrees, the environmental statement may be taken as complying with the requirement. If it is concluded that consideration of environmental information is not required under the regulations, the information provided should, nevertheless, be taken into account in reaching a decision if it is material to the decision.

PLANNING APPLICATION NOT ACCOMPANIED BY AN ENVIRONMENTAL STATEMENT

21 Initial consideration by local planning authority. When the local planning authority receive a planning application without an accompanying environmental statement, if there appears any possibility that the proposed development is of a description mentioned in Schedules 1 or 2 to the Regulations, they should check their records for any direction the Secretary of State may have given on the matter, or any opinion, they themselves may have expressed under the pre-application procedure. Article 10(3) of the amended General Development Order requires the authority to deal with applications in relation to which a direction applies in such manner as to give effect to the direction. However, it would be open to them to ask the Secretary of State to cancel or vary the direction if, exceptionally, they consider that there is good reason to do so. Where no opinion or direction has already been given, the authority will still need to consider whether the proposed development falls within Schedules 1 or 2 and, if the latter, whether, taking into account the advice in this circular, it would be likely to have significant environmental effects by virtue of factors such as its nature, size or location. The authority may wish to approach the applicant andlor bodies such as those mentioned in paragraph 10 for further information or advice.

22 Where the authority conclude that EA is not required they should proceed to determine the application as quickly as possible under normal planning powers. However, if the development appears to the authority to be a Schedule 1 or Schedule 2 application, the authority must within 3 weeks notify the applicant that in their opinion the submission of an environmental statement is required, giving their full reasons for their view clearly and precisely. The 3 week period may be extended if the applicant and the authority so agree in writing. A copy of the notification should be placed on Part 1 of the planning register together with the application to which it relates. For monitoring purposes authorities are also asked to send a copy to the Secretary of State.

23 Authorities are asked to tell applicants, when sending such a notification that the applicant may inform the authority within 3 weeks of the date of the notification of his intention either to supply an environmental statement or to ask the Secretary of State for his direction on the matter, and that if the applicant does not do so the application will be deemed to have been refused at the end of 3 weeks from the date of the authority's notification. There is no appeal against such a deemed refusal.

24 Where a local planning authority notify an applicant for planning permission that in their view the submission of an environmental statement is required, the period after which the applicant may appeal against non-deterniination does not begin until either he submits an environmental statement or the Secretary of State directs that no such statement is required. Thus if the applicant informs the authority of his intention to supply an environmental statement or to ask for a direction the authority should suspend consideration of the planning application (unless they are already minded to refuse planning permission) pending receipt of the statement and the documents required to accompany it or the Secretary of State's direction 'that no such statement is needed. There is no time lin-iit within which the environmental statement must be provided. (An audiority may determine an application by refusing planning permission before receiving an environmental statement in respect of the application, but if dnded to take such action should do so as quickly as possible so as to save abortive work on preparing the statement.)

25 Application to Secretarv of State for a direction. An applicant requesting the Secretary of State for a direction following receipt of the local planning authority's notification referred to in paragraph 22 above, is required to send with his application, copies of the planning application together with all supporting documents and correspondence with the authority concerning the proposed development.

26 Paragraphs 13 to 15 above apply where such an application is made to the Secretary of State.

27 Called in applications not accompanied by an environmental statement. When an application for planning permission for development falling within one of the descriptions in Schedules 1 or 2, which is not accompanied by an environmental statement, is called in under section 35 for the Secretary of State's own decision, the Secretary of State will consider whether EA is required by the regulations and, if he concludes that it is, will accordingly notify the applicant, the local planning authority and the statutory consultees (see paragraph 32 below). There is no channel of appeal (except to the Courts on a point of law) against such a notification. The applicant may reply in writing within 3 weeks of such a notification to the effect that he will provide an environmental statement. Where he does not do so, the Secretary of State will, at the end of the 3 week period, inform the applicant that no further action will be taken on the application.

28 Appeal not accompanied by an environmental statement. On receipt of an appeal under section 36 or section 37 of the 1971 Act, the Secretary of State will consider whether the proposed development falls within Schedules 1 or 2 so that consideration of environmental information is required before planning pern-iission may be granted. He will have in mind the view taken by the local planning audiority as well as the guidance given by this circular, and where he considers that EA is required paragraph 27 above will apply as appropriate.

29 It will remain open to the Secretary of State to conclude that consideration of environmental information is required before planning permission may be granted at any time before an appeal is determined. Similarly, should the question arise on a transferred appeal and the inspector consider at that stage that consideration of environmental information could be needed, he must refer the matter to the Secretary of State and is then precluded from determining the appeal except by refusing planning permission, until he receives a direction.

30 Where the Secretary of State determines that EA is required for an application which is before him on call-in or appeal, and the applicant informs him that he proposes to submit an environmental statement, he will notify or consult the statutory consultees as set out in paragraphs 32 and 48(1) below. (The local planning authority will be a statutory consultee in these cases.)

Procedure for preparing an environmental statement

INFORMATION TO BE INCLUDED

31 It is the applicant's responsibility to prepare the environmental statement. There is no provision as to the form of such a statement (which may consist of more than one document) but it must contain the information specified in paragraph 2 of Schedule 3. In addition to stating the statutory requirements local planning authorities may offer advice on the information which they consider should be included in the statement. But it is not open to them to stipulate its contents in advance. (Regulation 21 makes provision for the applicant to be required to provide further information after an environmental statement has been subdtted-see paragraph 51 below.)

PROVISION OF RELEVANT INFORMATION BY PUBLIC BODIES

32 Under Regulation 8, as soon as it is established that EA is required, the local planning authority are required to inform the relevant public bodies of the fact and notify them of their obligation to make available to the developer any information in their possession which is relevant to the preparation of the enviromnental statement. The local planning authority must notify the applicant of the names and addresses of the bodies to whom they have sent such a notice.

33 The public bodies concerned are-

(a) the bodies who would be statutory consultees under Article 15 of the GDO for any planning application for the prospective development;

(b) any principal council for the area in which the land is situated other than the local planning authority;

(c) the Nature Conservancy Council and the Countryside Commission, in all cases;

(d) HM Inspectorate of Pollution, in respect of development involving mining, manufacturing industry or waste disposal which in the local planning authority's opinion is likely either to give rise to radioactive wastes, or to discharges (other than of domestic sewage) which are controlled waste or special waste or which are likely to require the licence or consent of a water authority; or to involve works specified in Schedule 1 to the Health and Safety (Emissions to the Atmosphere) Regulations 1983 (S.I. No. 1983 No. 943).

34 When these bodies have been notified by the local planning authority, they are required to make information available to the developer on request. The authority are required to notify them:-

(a) where the prospective applicant has given the authority notice in writing that he intends to make a Schedule 1 or Schedule 2 application and to submit an environmental statement with the application. Such a notice must include sufficient information to identify the land and the nature and purpose of the proposed development and the main environmental consequences to which the prospective applicant proposes to refer in the statement;

(b) where the authority have given an opinion that consideration of environmental information is required and the developer has either agreed or conceded the point in writing;

(c) where the Secretary of State has directed that consideration of environmental information is required.

35 Local planning authorities should make available information which they have in their own possession. This may need to include information held by other departments of the authority, e.g. the environmental health department.

36 The obligation to provide information under these provisions applies only to information already in the consultees' possession. There is no obligation on public bodies to undertake research or otherwise to take steps to obtain information which they do not already have.

37 Public bodies are under no obligation to make available confidential information. However, they will note that information which is not made available cannot be taken into account in the decision-making process.

38 Under Regulation 20(2) public bodies may make a reasonable charge reflecting the cost of making available information for which a developer has asked under these provisions.

PUBLICATION OF NOTICES BEFORE SUBMISSION OF ENVIRONMENTAL STATEMENT

39 Under Regulation 12 a planning application which is accompanied by an environmental statement is specified as an application to which the public notice requirements of section 26 of the 1971 Act apply, with some modifications relating to the statement. In addition to the requirements of section 26 the notices to be published in the local press and posted on site must-

(a) state that a copy of the environmental statement is included in the documents which will be open to inspection by the public; and

(b) give an address in the locality in which the land is situated, where copies of the statement may be obtained; state that a copy may be obtained there while stocks last, and if a charge is to be made for a copy, state the amount of the charge.

40 Where an environmental statement is to be submitted in support of a planning application made without one, Regulation 13 requires notices to be published in the local press and posted on site before the statement is submitted. The notices must in effect give all the information required by section 26, extended as described in paragraph 39, including information about the application as well as the environmental statement.

41 Both section 26 as applied by Regulation 12 and Regulation 13 require the applicant to certify to the local planning authority that the requisite notices have been published and posted or where posting was not possible to explain the situation. Inclusion of false or misleading information in such a certificate relating to the posting of a notice may be a criminal offence.

42 The provisions of section 26 and Regulations 12 and 13 meet the requirements of Article 6.2 of the Directive for making the planning application and the environmental statement available to the public and giving the public concerned the opportunity to express an opinion before the project is initiated. The notices must state that written representations about the application should be made to the local planning authority before a date which must be no less than 20 days after the date on which the notice was published. The application may not be determined before the end of that period.

43 Developers may wish to publish separately the non-technical summaries provided in environmental statements. They may also wish to make further publicity arrangements such as mounting an exhibition. It is also open to local planning authorities to provide further publicity for particular proposals for which environmental statements have been supplied. Authorities and developers will also wish to consider whether to agree that the additional copies of an environmental statement which an applicant is required to make available to the public should be held at the authority's offices, and, whether the authority's staff should collect any charges for those copies on behalf of the developers.

44 Where a charge is made for copies of an environmental statement it must be a reasonable charge reflecting printing and distribution costs.

COPIES OF ENVIRONMENTAL STATEMENT FOR STATUTORY CONSULTEES

45 The bodies whom the local planning authority must consult on an application to which an environmental statement relates are the bodies referred to in paragraph 33 above. The developer is required to provide one copy of the statement for each of these bodies without charge. (Where a body asks to receive a part only of an environmental statement the applicant is required to provide only a copy of that part.) A charge reflecting the reasonable costs of printing and distribution may be made for any additional copies of the environmental statement or part of it requested by any of these bodies. ,

46 The developer may either send copies of the environmental statement, together with copies of the related planning application, and any relevant plan, direct to the bodies concerned, or may send copies of the statement to the local planning authority for onward transmission. There is provision for the authority, on receipt of the planning application, to notify the applicant of the numbers of copies required for the purposes of consultation, and of the names and addresses of the bodies to whom they may be sent.

SUBMISSION OF PLANNING APPLICATION WITH ENVIRONMENTAL STATEMENT

47 When submitting a planning application to which an environmental statement relates, the developer should send to the local authority all the documents which must accompany all such applications whether or not affected by the regulations, and the requisite fee (which will be unaffected by the fact that an environmental statement is required); together with:-

(a) the appropriate certificates under section 26 and the General Development Order as extended by Regulation 12;

(b) two copies of the environmental statement (one will be for transmission to the Secretary of State);

(c) a note of the name of every body to whom the developer has himself already sent or to whom he intends to send a copy of the environmental statement under the procedures described in paragraphs 45 and 46 (where a part only of the statement has been or will be sent, the note should indicate which part); and

(d) such further copies for transmission to consultees as the authority may notify the developer under the procedures described in paragraph 46.

When the environmental statement is submitted separately from and later than the planning application the documents listed at (a) to (d) should be sent, except that the certificates mentioned at (a) are the certificates required by Regulation 13. .

Procedures for handling planning applications to which an environ- mental statement relates

ACTION BY THE LOCAL PLANNING AUTHORITY

48 The local planning authority is required to treat a planning application to which an environmental statement relates in the same way as any other planning application, with the following additional requirements:-

(i) to obtain from the developer sufficient copies of the statement to send to those statutory consultees who have not received one direct; the. copies should be sent together with a copy of the application and an invitation to comment; the planning application may not be determined until at least 2 weeks after the last date on which a consultee was served with a copy of the statement;

(ii) to infortn the developer which bodies and individuals have been consulted;

(iii) to send copies of the application and environmental statement to the Secretary of State (see paragraph 53 below). Copies should be sent to the Department of the Environment Regional Office or the Welsh Office as appropriate;

(iv) to place the statement as well as the application on Part 1 of the planning register; any related direction or opinion given under the pre-application procedure should also be placed on the register.

49 In considering the planning application the local planning authority is required to have regard to all of the environmental information, that is the information contained in the environmental statement and any comments made by the statutory consultees and representations from members of the public, as well as to any other material consideration.

50 The period within which the local planning authority must determine the application is 16 weeks from the date of receipt of the environmental statement instead of the normal 8 weeks from the receipt of the planning application. The period may be extended by written agreement between the authority and the applicant. Where the authority has not determined the application after 16 weeks or any agreed exten