5 The Environmental Statement
12.153 Where an agricultural project has been determined as requiring EIA, an environmental statement will have to be submitted with the application for planning permission. Although no form is prescribed, it must contain the information specified in Sch 4 to the 2011 Regulations.
The regulations require a consultation between the local Planning Authority and statutory consultees prior to the making of a decision to grant or refuse planning permission eg public bodies with a relevant interest such as the Environment Agency and Natural England.214 The developer must supply one copy of the environmental statement for each statutory consultee free of charge when applying for planning permission.215 There are provisions as to public participation, including provisions for the publicity of environmental statements where they are submitted after the application for planning permission has been made.216 The statutory consultees are under an obligation to make available to the developer any information in their possession which its relevant to the preparation of the environmental statement.217(a) Scoping Procedures
12.154 The 2011 regulations introduced a scoping procedure to enable a potential applicant/developer to apply to the planning authority for a direction as to what information it required to be included in the environmental statement submitted with the application.218 The local authority is required to issue a ‘scoping opinion’ within five weeks of the applicant making a request to that effect.219 The role of the opinion, if issued, is entirely advisory. It is not binding on either the applicant or the local authority. The planning authority can request further information at a later stage following the submission of the planning application, in addition to that contained in the environmental statement that has been submitted following the scoping exercise.
Similarly the applicant is not obliged to include all the material that the local authority has identified is relevant in the environmental statement actually submitted. There is no provision for appeal against the terms of a scoping opinion, although the applicant may apply to the secretary of state for a scooping direction if the planning authority has not responded to his application for an opinion with in the time allowed.(b) Submission of Environmental Statement
12.155 The local planning authority must forward a copy of the environment statement to the secretary of state and the regional office of the Department for Communities and Local Government (or Welsh Assembly Government, as appropriate). In all other respects, however, they must treat the planning application in the same way as any other. The environmental statement, in addition to the application itself, must be placed on Part 1 of the Planning Register together with any screening or scoping direction or opinion given during the pre-application procedures (above).220 The Planning Authority has sixteen weeks from the receipt of the environmental statement to determine the application. The publicity requirements of the Town and Country Planning Act 1990 apply to the application, requiring public notices to be posted on site and in the local press.221 The relevant notices must specify that a copy of the environmental statement is available for inspection by the public, and give an address at which it may be inspected.222
12.156 When considering the application, the Planning Authority are required to have regard to all the environmental information contained in the statement, and to any observations made by the public bodies consulted on the application, in addition to any representations made by the public and other material considerations.223 Where insufficient information is supplied the Planning Authority have power224 to require an applicant to supply additional information. Upon determination of the application the Planning Authority must notify the Secretary of State, in addition to notifying the applicant and to placing a copy of the decision on the Planning Register.225 The special nature of the application, and the requirement of environmental assessment, does not affect the applicant’s rights of appeal.