Regulation 12C Determination of whether improvement works should proceed: appropriate AuthorityF1

(1)

The appropriate Authority must consider—

(a)

the conclusion reached under regulation 12B(4) in respect of the improvement works and the reasons for that conclusion;

(b)

whether it is appropriate for the drainage body to monitor the significant adverse effects of the improvement works on the environment, and if so—

(i)

whether consent should be given subject to conditions to ensure that the drainage body is under such a duty; and

(ii)

whether consent should be given subject to conditions to require remedial action to be taken in circumstances described in the conditions;

(c)

whether, having regard to the likely significant environmental effects of the improvement works, consent should be given subject to any other conditions.

(2)

Following that consideration, the appropriate Authority must—

(a)

consent to the carrying out of the improvement works; or

(b)

refuse consent to the improvement works.

(3)

The appropriate Authority may make a determination under paragraph (2)(a) only if satisfied that the conclusion reached under regulation 12B(4) in respect of the improvement works and the reasons for it address the likely significant environmental effects of the improvement works.

(4)

A determination under paragraph (2)(a) may be made subject to conditions under regulation 12D.

(5)

The appropriate Authority must make its decision under paragraph (2) within a reasonable period of time starting with the date on which it is given all the information it is required to consider under regulation 12B(3), taking into account the nature and complexity of the application and improvement works.

(6)

The appropriate Authority must send to the drainage body a statement in writing of—

(a)

the appropriate Authority’s determination under paragraph (2) and any conditions attached to it;

(b)

the main reasons and considerations upon which the determination is based, including information about the public participation process; and

(c)

any features of the improvement works or measures to avoid, prevent, reduce or offset the significant adverse effects of the improvement works on the environment.

(7)

The drainage body must promptly inform—

(a)

the public, by notice in at least two local newspapers, or by such other means as are reasonable in the circumstances; and

(b)

the consultation bodies, by notice,

of the information in paragraph (8).

(8)

The information is—

(a)

the appropriate Authority’s determination under paragraph (2) and any conditions attached to it;

(b)

the main reasons and considerations on which the determination is based; and

(c)

a summary of the result of any consultations under change type=start slip=2017-06-01 time=1496397159715regulations 10 and 12B(6) and how that information has been taken into account.

Annotations

Textual amendments

F1: Regs. 12-12E substituted for reg. 12 (16.5.2017) by The Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2017 (S.I. 2017/585), regs. 1(1), 13 (with reg. 22)