# The Environment (Local Nature Recovery Strategies) (Procedure) Regulations 2023, Regulation 10: Resolution of pre-consultation objections by the Secretary of State


(1) This regulation applies where a responsible authority has received an objection to the consultation draft of its local nature recovery strategy under regulation 9.
(2) Where this regulation applies, the responsible authority may write to the Secretary of State to request permission to consult on its local nature recovery strategy under regulation 12.
(3) A request to the Secretary of State under paragraph (2) must—
(a) be in writing;
(b) enclose a copy of the local nature recovery strategy;
(c) enclose the supporting authority’s objection to its local nature recovery strategy;
(d) set out any steps taken by the responsible authority to address the objection;
(e) explain why the responsible authority considers it is reasonable for the consultation to proceed; and
(f) enclose all relevant correspondence between the responsible authority and the supporting authority.
(4) A responsible authority which has made a request under paragraph (2) must, as soon as reasonably practical after making the request—
(a) give a copy of the request to all supporting authorities for the local nature recovery strategy; and
(b) confirm in writing to the Secretary of State the date on which, and the method by which, the copy of the request was given to each supporting authority for the local nature recovery strategy.
(5) A supporting authority for the local nature recovery strategy may, before the expiry of 14 days beginning with the date on which it was given the copy of the request, submit such information to the Secretary of State as it considers relevant.
(6) The Secretary of State, on receiving an request under paragraph (2), must decide to—
(a) permit the responsible authority to consult on its local nature recovery strategy; or
(b) permit the responsible authority to consult on its local nature recovery strategy subject to such conditions as the Secretary of State considers appropriate.
(7) In making a decision under paragraph (6) the Secretary of State must, in particular, have regard to—
(a) whether the objection raised by the supporting authority is reasonable;
(b) any steps taken by the responsible authority to address the objection;
(c) the explanation given by the responsible authority as to why it is reasonable to proceed with the consultation; and
(d) the conduct of the responsible authority in preparing its local nature recovery strategy, including the extent to which it has involved supporting authorities.
(8) A decision under paragraph (6) may not be made before the expiry of 14 days beginning with the date on which every supporting authority for the local nature recovery strategy has been given a copy of the request by the responsible authority.
(9) The Secretary of State must inform all supporting authorities for the local nature recovery strategy of their decision under paragraph (6).

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Source: https://www.legislation.gov.uk/uksi/2023/341/regulation/10 (the official version)
Page: https://openlegislation.uk/environment-local-nature-recovery-strategies-procedure-regulations-2023/regulation-10
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

