Section 105CD: Publication of conclusion and decision

Highways Act 1980 · 1980 c. 66View on legislation.gov.uk

Part VA: ENVIRONMENTAL IMPACT ASSESSMENTS

When the project authority has decided whether or not to proceed with the construction or improvement subject to an environmental impact assessment, it must—

publish its reasoned conclusion under section 105CA(1)(b),
publish its decision and a decision statement, and
if an EEA State has been consulted in accordance with section 105C(4), inform the EEA State of the decision and give the EEA State a copy of the decision statement.

A decision statement must—

confirm that the project authority has complied with the requirements of this Part of this Act,
include a summary of the reasoned conclusion under section 105CA(1)(b),
include a summary of the decision and any conditions attached to the decision,
state the main reasons and considerations on which the decision is based, and
include a summary of the consultations carried out under this Part of this Act, the results of those consultations and how those consultations have been taken into account in the conclusion and decision,
where the authority's decision is to proceed with the project, describe the right under section 105D(1) to challenge the validity of the decision.

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