Question
Asked by
To ask Her Majesty's Government what is the definition of “significant” in the definition of “EIA development” in regulation 2 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263); and what guidance will be issued on its interpretation. [HL852]
The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 transpose the requirements of EU Directive 85/337/EEC (the EIA Directive, as amended) to the regime established by the Planning Act 2009. The word “significant” in the definition of “EIA development” in regulation 2 of those regulations has the same meaning as in Article 1 of the EIA Directive. Guidance on EIA is available on the Communities and Local Government website. The regulations under Schedule 3 provide selection criteria for screening Schedule 2 development in order to assess whether a development is likely to have significant effects.
Asked by
To ask Her Majesty's Government whether regulation 4(2)(a) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263) means that any applicant preferring to take a proposed development to the Commission may do so provided it is covered by one of the descriptions of development in Schedule 2 and is considered by the applicant to be significant. [HL853]
Regulation 4(2)(a) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 enables an applicant to determine that their development is subject to EIA without the need to first obtain a screening opinion. This allows the screening step to be skipped where the applicant is confident that the EIA regulations apply.
Whether or not a proposed application falls within the scope of the Planning Act, and must therefore be examined by the IPC, is determined by reference to the thresholds set out in Part 3 of the Act, once the relevant threshold has been commenced.
Asked by
To ask Her Majesty's Government in what circumstances the Secretary of State may give a direction under regulation 5(2)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263). [HL854]
The Secretary of State may give a direction where the IPC has accepted but not decided an application, and he judges that a direction is an appropriate course of action.
Asked by
To ask Her Majesty's Government whether regulation 5(5)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263) will remove any development from all planning procedures. [HL855]
Regulation 5(5)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 empowers the Secretary of State to direct that a project falling within its scope is not subject to EIA, for the purposes of those regulations only. It has no bearing on any other planning procedures that may apply to the project, including the procedures established by the Planning Act 2008.
Asked by
To ask Her Majesty's Government whether regulation 5(5)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263) may apply to developments instigated by departments other than the Ministry of Defence. [HL856]
Regulation 5(5)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 applies to any project falling within its scope, irrespective of the party promoting the project.
Asked by
To ask Her Majesty's Government whether the Secretary of State is required to make public his reasons for issuing a direction under regulation 5(5)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263). [HL857]
Where the Secretary of State issues a direction under regulation 5(5)(b) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009, he is not required to make public his reasons for doing so.
Asked by
To ask Her Majesty's Government whether the periods of 21 days in regulation 6(6), and 42 and 28 days in regulation 8 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263) exclude national holidays. [HL887]
The periods of time referred to in regulations 6(6) and 8 of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 do not exclude public holidays. This is in line with similar provisions in existing consents regimes.
Asked by
To ask Her Majesty's Government whether paragraph 15(c)(vii) of Schedule 3 to the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263) will create a presumption against national infrastructure projects in densely populated areas, including where they concern waste disposal or power generation. [HL888]
Schedule 3 to the regulations sets out selection criteria for screening Schedule 2 development to assist an authority in reaching a decision about whether a development is subject to EIA. The criteria are transposed directly from the EIA Directive.
The fact that EIA is (or is not) required does not create a presumption for or against development taking place.
Asked by
To ask Her Majesty's Government what will be the effects of the Commission or the relevant authority not adhering to the timetable laid down in regulation 6(6) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263). [HL889]
To ask Her Majesty's Government what will be the effects of the Commission or the relevant authority not adhering to the timetables laid down in regulation 8(6), (7) or (8) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263). [HL890]
There are no legal penalties which apply should the commission or relevant authority fail to adhere to the deadlines specified in regulations 6(6) and 8(6), (7) or (8) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009. However, the Government expect the IPC to comply fully with its statutory obligations under the Planning Act 2008 and subordinate legislation. Performance against statutory timetables for EIA scoping and screening decisions are amongst the IPC's key performance indicators, as set out in their interim corporate plan. The Government have given a firm commitment to carry out a two year review of the effectiveness of the IPC.
Asked by
To ask Her Majesty's Government with reference to regulation 5(4) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263), how the Secretary of State will be made aware that there has been a screening opinion to the effect that the proposed development is not an EIA development. [HL891]
Where a proposed development has been the subject of a screening opinion to the effect that it is not EIA development, it is the Government's expectation that the IPC will make the Secretary of State aware of this decision in the normal course of its business.
Asked by
To ask Her Majesty's Government what elements of cost will be included in the charge made under regulation 9(5) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (SI 2009/2263); whether the charge will be fixed by each body listed in regulation 9(3) for all applications over a set period; and whether the applicant will be able to access the charge rate before deciding whether to notify the Commission under regulation 6(1)(b). [HL892]
A body consulted under regulation 9(3) of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 must provide information that is relevant to the preparation of an environmental statement for a proposed project, subject to certain exemptions. Under regulation 9(5), that body may require a charge to be paid for the costs reasonably incurred in providing such information.
It is for the relevant body to set any charge, which would vary depending on the information to be provided.