I should be grateful for any advice you may be able to offer regarding what impact HMG would expect last year's EIA regulations to have upon the developer's forthcoming public consultation. What does he have to address that was not previously the case?
I have looked at the text of the new regulations and various on-line commentaries, including the guidance issued by the DCLG. I have tried to identify the changes which are directly relevant to the RSP proposal (see attached table).
Whilst I would not of course expect PINS to have time to mark my homework (as it were), it would be helpful to know if this analysis has got something badly wrong. What I am trying to work out is what additional information could reasonably be expected from RSP.
I appreciate that the new regulations are a transposition of EU law and that, as the law currently stands, their meaning is ultimately a matter for the Court of Justice. I am not expecting an authoritative reply, just your view on whether broadly I have identified the principal substantive points.
The attached document summarises some of the new requirements, but as you pre-empt I cannot authoritatively comment on whether or not its content is exhaustive in respect of what is directly relevant to the RSP proposal. The Secretary of State’s exclusive point of reference in testing whether an applicant’s EIA has complied with the 2017 Regulations are the 2017 Regulations themselves.