Regulation 16 Notification of decisionsF1

England and Wales

(1)

Where an application for consent has been determined by the appropriate forestry body, they must give notice in writing of their decision to—

(a)

the applicant;

(b)

the countryside bodies;

(c)

the relevant local authority; and

(d)

any person from whom they received representations in relation to the application.

(2)

The appropriate forestry body’s notice must state that they have taken into account the environmental information relating to the application.

(3)

Where the decision in paragraph (1) is to grant consent, the notice must include—

(a)

the determination of the appropriate forestry body pursuant to regulation 15;

(b)

any conditions included in the consent under regulation 18, including, where appropriate, a description of any monitoring measures; and

(c)

a description of any features of the project or measures envisaged to avoid, prevent or reduce and, if possible, offset significant adverse effects on the environment.

(4)

Where the decision in paragraph (1) is to refuse consent, the notice must include the main reasons for the refusal.

(5)

The appropriate forestry body must publish a notice of their decision under paragraph (1)—

(a)

in any newspapers in which notice of the application was published in accordance with regulation 13(1A);

(b)

electronically; and

(c)

by other appropriate and reasonably possible means.

(6)

The notice published under paragraph (5) must give details of the place and times at which the public may inspect a statement of—

(a)

the content of the appropriate forestry body’s decision and any conditions included in the decision;

(b)

the main reasons and considerations on which the decision is based including a summary of the results of the consultations and the information gathered pursuant to regulations 9, 10, 11 and 14 and how those results have been incorporated or otherwise addressed; and

(c)

where necessary, the main measures to avoid, reduce and, if possible, offset the major adverse effects of the project.

(7)

In paragraph (1)(c), “relevant local authority” means the local authority for the area in which it is proposed to carry out the project.

Annotations

Textual amendments

F1: Reg. 16 substituted (16.5.2017) by The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 (S.I. 2017/592), regs. 1(1), 17 (with reg. 28)