The Environmental Impact Assessment (Agriculture) (England) (No. 2) (Amendment) Regulations 2017

Amendment to regulation 8

7.—(1) Regulation 8 (the screening decision) is amended as follows.

(2) After paragraph (1) insert—

“(1A) Natural England must take into account the results of any relevant EU environmental assessment which are reasonably available to it.”.

(3) For paragraph (4)(a) substitute—

“(a) notify the applicant of—

(i) the decision and the main reasons for it with reference to the criteria in Schedule 2;

(ii) where the decision is that the project is not likely to have significant effects on the environment, a description of any measure provided by the applicant under regulation 7(1)(b)(iv);”.

(4) In paragraph (4)(b) for “it” substitute “the information referred to in sub-paragraph (a)”.

(5) In paragraph (4)(c) for “of it” substitute “of the information referred to in sub-paragraph (a)”.

(6) For paragraph (5) substitute—

“(5) Natural England must make, and issue notice to the applicant of, a screening decision before the end of the period of 35 days beginning with—

(a) the date referred to in regulation 7(3), or

(b) where applicable, the date Natural England receives any additional information it has requested under regulation 7(2).

(5A) Natural England may, where it considers there are exceptional circumstances (including relating to the nature, complexity, location or size of the project), extend the period mentioned in paragraph (5) by informing the applicant in writing of—

(a) the new period within which it will make the screening decision and notify the applicant of it, and

(b) the reasons for the extension.”.