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Regulation 37 Annex 1 or annex 2 application to Secretary of State without environmental statement

Original text. Later amendments are not shown.

(1)

Where it appears to the Secretary of State that an electricity application is an application to which regulation 35 applies, but it is not accompanied by an environmental statement, the Secretary of State shall within 4 weeks beginning with the date of receipt of the application or such longer period as he may reasonably require, and having consulted the planning authority, notify the applicant in writing—

(a)

of his view and that without taking into consideration environmental information he may not grant consent or approval;

(b)

of his view that the applicant should provide an environmental statement; and

(c)

that the authorities, bodies and persons mentioned in Schedule 4, as may appear to the Secretary of State to be relevant, are required to make available to the applicant such information as they have in their possession which the applicant or they consider relevant to the preparation of the environmental statement,

and the Secretary of State shall also inform the authorities, bodies and persons mentioned in Schedule 4 as may appear to him to be relevant—

(i)

of the application and the requirement for an environmental statement; and

(ii)

that they may be required to make available to the applicant in accordance with regulation 44 any information in their possession which the applicant or they consider relevant to the preparation of the environmental statement.

(2)

The applicant may within 4 weeks beginning with the date of notification—

(a)

inform the Secretary of State and the planning authority in writing that he will provide an environmental statement;

(b)

apply to the Secretary of State in accordance with regulation 38 for a direction under regulation 36(a), notwithstanding any view already expressed by the Secretary of State, as to whether consideration of environmental information is required; or

(c)

apply to the Secretary of State in accordance with regulation 38 for a direction under regulation 36(b) that the application should, as regards the whole or any part thereof, be exempt from these Regulations.

(3)

If the applicant takes no action under paragraph (2) or states that he does not intend to provide an environmental statement, his application shall be deemed to have been withdrawn at the end of the period mentioned in that paragraph.