Regulation 7 0pinion of planning authority prior to planning application

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 7(1) words substituted by Environmental Assessment 1997 reg. 7
reg. 7(1A) inserted by Environmental Assessment 1997 reg. 8
reg. 7(3)-(7) words substituted by Environmental Assessment 1997 reg. 9
reg. 7(8) substituted by Environmental Assessment 1997 reg. 10
reg. 7(8A) inserted by Environmental Assessment 1997 reg. 11
reg. 7(9) words inserted by Environmental Assessment 1997 reg. 12
reg. 7(9A) inserted by Environmental Assessment 1997 reg. 13
reg. 7(10) words inserted by Environmental Assessment 1997 reg. 14(a)
reg. 7(10) words substituted by Environmental Assessment 1997 reg. 14(b)

(1)

An applicant may, before applying for planning permission, request in writing the planning authority’s opinion on—

(a)

whether the proposed development would fall within any of the descriptions mentioned in Schedule 1; or

(b)

whether the proposed development would fall within any of the descriptions mentioned in Schedule 2 and, if so, whether it would be likely to have significant effects on the environment.

(2)

A request under paragraph (1) shall be accompanied by—

(a)

a plan sufficient to identify the land on which the proposed development would be carried out; and

(b)

a brief description of the nature and purpose of the proposed development and of its possible effects on the environment.

(3)

On receipt of any such request—

(a)

the planning authority shall send the applicant an acknowledgement stating the date of receipt;

(b)

the planning authority shall consult such of the authorities, bodies or persons mentioned in Schedule 4 as they consider appropriate in respect of the request under paragraph (1).

(4)

The planning authority shall within 4 weeks, or such longer period as the parties agree in writing, beginning with the date of receipt of a request, give the applicant their written opinion with reasons therefor on the questions raised.

(5)

Where the planning authority give an opinion under paragraph (4) that the proposed development would fall within any of the descriptions of development mentioned in Schedule 1 or Schedule 2 and would be likely to have significant effects on the environment, they shall let the applicant know which, if any, of the authorities, bodies or persons mentioned in Schedule 4 they consulted under paragraph (3)(b).

(6)

Where the planning authority consider that the applicant has not provided them with sufficient information to enable them to form an opinion, they may ask him for further information.

(7)

At the same time as they give the applicant their written opinion, the planning authority shall send a copy of that opinion to such other persons as they consider desirable together with documents sufficient to identify the land and the proposed development to which the opinion relates.

(8)

Where the planning authority do not give the applicant their written opinion within the 4 week period or such longer period as may be agreed between the parties under paragraph (4) above, the applicant shall be entitled to assume that at this stage the planning authority’s opinion is that consideration of environmental information shall not be required.

(9)

Where an applicant is notified by the planning authority that in their opinion planning permission could not be granted for the proposed development without consideration of environmental information and the applicant disagrees, he may ask the Secretary of State in accordance with regulation 9 for a direction as to whether consideration of environmental information is required.

(10)

The planning authority shall hold copies ot their written opinion, together with the request for it and accompanying documents, and shall make them available for inspection by the public at all reasonable hours at the place where Part I of the register is kept until such time, if any, as a copy of that opinion is required by regulation 11 to be placed on Part I of the register.