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Advice to Bond Dickinson LLP

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Enquiry

From
Bond Dickinson LLP
Date advice given
17 October 2017
Enquiry type
Email

My query relates to Regulation 11(c)(ii) of the Infrastructure Planning (EIA) Regulations 2017.

Regulation 11(c)(ii) requires the Secretary of State or relevant authority to notify the applicant in writing of any particular person it considers likely to be affected by the proposed development, but unlikely to become aware of the development by means of the measures taken in compliance with Part 5 (applications for orders granting development consent) of the Planning Act 2008.

Our understanding is that for MetroWest, there has been no Regulation 11(c)(ii) notification in writing from PINS to North Somerset District Council as the promoter. Please can you confirm?

Advice given

Regulation 11(c)(ii) is part of the Infrastructure Planning (EIA) Regulations 2017. As far as we are aware, the Applicant is relying on the transitional provisions in the new Regulations and therefore would be subject to the Infrastructure Planning (EIA) Regulations 2009. This means that there is no requirement for a Regulation 11(c)ii notification. However, as part of the scoping process, we considered whether there were any Regulation 9(1)c persons when preparing the Regulation 9 list that was issued to the Applicant. We did not identify any 9(1)c persons for the MetroWest project.