Re: Land at Germany Beck, Fulford

Richard Buxton
Environmental & Public Law
19B Victoria Street
Cambridge
CB1 1JP /

4 March 2014

Dear Sirs

Re: Land at Germany Beck, Fulford

Information Commissioners Office – Extension of Deadline

Environmental Impact Assessment Regulations 2011, Regulation 22

I refer to your letters dated 25th February and 3rd March 2014, and deal with the outstanding issues raised therein.

The Council was granted an extension of time until 6th March 2014 from the Information Commissioner’s Office prior to 27th February, and will therefore be responding to Fulford Parish Council this week.

The Council considers that the question as to whether publicity is required in respect of the applications for discharge of conditions is to be answered by reference to the EIA Regulations 2011. The Council is not aware of any suggestion that the EIA Regulations 2011 do not correctly embody the requirements of the parent EIA Directive.

The Council further considers that the publicity requirements which are potentially applicable in this case are to be found in regulation 22(2) of the EIA Regulations 2011. Those requirements apply to “further information” and “any other information”. Dealing with the latter first, “any other information” means “any other substantive information relating to the environmental statement and provided by the applicant or the appellant as the case may be” (regulation 2(1)). The Council considers that the applications for approval of the conditions which are presently before it (which are “subsequent applications” in terms of the EIA Regulations 2011) do contain “other substantive information relating to the environmental statement” and it will therefore be publicising this material accordingly.

As to “further information”, regulation 8(3) of the EIA Regulations 2011 provides that, where, in the case of subsequent applications, it appears to the planning authority that the environmental information already before them is not adequate to assess the environmental effects of the development, they shall serve a notice seeking further information in accordance with regulation 22(1). Any further information so provided is then to be publicised in accordance with regulation 22(2). The Council considers that the environmental information already before it is adequate to assess the environmental effects of the development. It will not therefore be notifying the developer that further information is required.

Yours faithfully

Alison Hartley

Senior Solicitor

AHA/LCS1.2235 (347583)

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