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Cyngor i Womble Bond Dickison LLP (WBD)

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Oddiwrth
Womble Bond Dickison LLP (WBD)
Y dyddiad y rhoddwyd y cyngor
2 Medi 2019
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Email

At the MetroWest Phase 1 meeting with you on 25th June we asked whether PINS required notification under Regulation 8 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 of the Applicant's intention that the project be progressed as EIA development under the EIA Regulations 2017 rather than under the EIA Regulations 2009 by relying on the transitional arrangements. You took the question away from the meeting. Have you had a chance to consider this?

Cyngor a roddwyd

Thank you for your inquiry. The Inspectorate cannot provide legal advice, the advice contained in this email is intended to support with the preparation of the application and is regarded as being advice provided in accordance with s51 of the Planning Act 2008. The Applicant notified the Secretary of State in writing on 23 June 2016 that it proposed to provide an environmental statement in respect of the Proposed Development in accordance with Regulation 6(1)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 and provided the information required under Regulation 6(3) as part of its request for a Scoping Opinion under Regulation 8(1) of the same regulations. The Inspectorate understands that the Applicant now intends to submit an environmental statement (ES) that is compliant with the requirements of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (the 2017 EIA Regulations) and has asked whether PINS require notification under Regulation 8 of the 2017 EIA Regulations in order for them to do so. In short the Inspectorate is aware that notification in accordance with Regulation 8 of the 2017 EIA Regulations is a necessary requirement when maintaining compliance with those Regulations and is also linked to compliance with s42 of the Planning Act 2008. However, the Applicant should be aware that the Inspectorate has previously received applications under the transitional provisions that have included a 2017 EIA Regulations compliant ES in absence of a notification made under Regulation 8 of the 2017 EIA Regulations. A typical approach in this regard is set out in the Thanet Extension Offshore Windfarm ES chapter 2 section 2.4 https://infrastructure.planninginspectorate.gov.uk/wp-content/ipc/uploads/projects/EN010084/EN010084-000592-6.1.2_TEOW_Policy.pdf On a precautionary basis we would advise all Applicants to adopt the publicity requirements of the 2017 EIA Regulations which impose a 30 day rather 28 day duration for publicity.