Fourth Report Contents

Appendix 10

S.I. 2017/572

Infrastructure Planning (Environmental Impact Assessment) Regulations 2017

1.The Committee has requested a memorandum on the following points:

Explain why

(1) all of the certificates in Schedule 5 contain the wording “Complete certificate to be received by the Secretary of State….” when the certifications in Certificate 2 and 3 are made to the Examining authority and the certifications in Certificates 4 and 5 are made to the relevant authority, and

(2) certificates 2, 3 and 5 do not appear to cover the obligation to publish on a website.

2.The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (“the Regulations”) were mainly a consolidation of the 2009 Regulations with the same name, but the Department accepts if there were errors in those Regulations they should have been corrected in the 2017 version.

3.Certificate 2 – under regulation 19(6)(i) of the Regulations the applicant must certify to the Examining Authority in the form set out in certificate 2 in Schedule 5 that the applicant has complied with the requirements of regulation 19(6)(b) to (h). On point (1), we accept that the instruction in the certificate for it to be sent to the Secretary of State might be confusing. In practice the administrative staff supporting the Examining Authority are civil servants working for a Departmental Executive Agency, namely the Planning Inspectorate (PINS). On point (2) we accept that the certificate should refer to the notice’s publication on the Secretary of State’s website (maintained on his behalf by PINS). On both points we will arrange for the certificate to be amended.

4.Certificate 3 – under regulation 20(3)(h)(iii) of the Regulations the applicant must certify to the Examining Authority in the form set out in certificate 3 in Schedule 5 that the applicant has complied with the requirements of regulation 20(3)(b) to (g). On point (1), we accept that the instruction in the certificate for it to be sent to the Secretary of State might be confusing. In practice the administrative staff supporting the Examining Authority are civil servants working for a Departmental Executive Agency namely the Planning Inspectorate (PINS). On point (2) we accept that the certificate should refer to the notice’s publication on the Secretary of State’s website (maintained on his behalf by PINS). On both points we will arrange for the certificate to be amended.

5.Certificate 4 – under regulation 22(2)(c) of the Regulations the applicant must certify to the relevant authority in the form set out in certificate 4 in Schedule 5 that the applicant has complied with the requirements of regulation 22(3). On point (1), we accept that the instruction in the certificate for it to be sent to the Secretary of State should refer to the relevant authority. We will arrange for the certificate to be amended.

6.Certificate 5 – under regulation 24(3)(h) of the Regulations the applicant must certify to the relevant authority in the form set out in certificate 5 in Schedule 5 that the applicant has complied with the requirements of regulation 24(3)(b) to (g). On point (1), we accept that the instruction in the certificate for it to be sent to the Secretary of State should refer to the relevant authority. On point (2) we accept that the certificate should refer to the notice’s publication on the relevant authority’s website. On both points we will arrange for the certificate to be amended.

Department for Communities and Local Government

22 November 2017





30 November 2017