Paragraph 12
Subject to paragraph (2), this paragraph applies where the enforcing authority proposes to serve a variation notice under regulation 19(5) where no application was made, and the variation will—
authorise a substantial change in the operation of an installation or a mobile plant;
vary the conditions of a permit to operate a Part A installation as a result of a review under regulation 17(2)(a);
vary the conditions of a permit where regulation 13(3) applies; or
vary the conditions of a permit and the enforcing authority determines that in the particular circumstances the procedure set out in the following sub-paragraphs should be followed even though heads (a), (b) and (c) do not apply.
This paragraph shall not apply—
where the enforcing authority proposes to serve a variation notice—
which has been modified to take account of representations made in accordance with this paragraph in relation to the enforcing authority’s previous proposal to serve the notice without the modifications; or
in order to comply with a direction given by the Department; or
to a proposed variation notice in relation to an installation carrying out only dry cleaning activities as defined in sub-paragraph (2) of Part C of section 7 of Part 1 of Schedule 1.
Where this paragraph applies the enforcing authority shall, subject to paragraph 24(a)—
notify the operator in writing that this paragraph applies and of any fee prescribed in respect of the variation under regulation 25;
serve a copy of the proposed variation notice on the operator;
give notice in writing of the proposed variation notice, enclosing a copy of it, to the persons to whom notice would have to be given in accordance with paragraph 12 of Schedule 4 in the case of an application for a permit to operate the particular installation or mobile plant; and
in the case of a proposed variation notice affecting the operation of a Part A installation or Part A mobile plant, provide the operator with—
information on the reasons and considerations on which that proposed variation notice is based; and
information on any guidance issued by the Department to the enforcing authority relevant to the determination of the proposed variation.
Where this paragraph applies to a variation affecting the operation of a Part A installation, any relevant information obtained or conclusion arrived at pursuant to Articles 5, 6, 7 and 9 of Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment in relation to the substantial change shall be taken into consideration by the chief inspector before serving the variation notice.