The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

General provisions relating to screening

5.—(1) Subject to paragraph (3) and regulation 63, the occurrence of an event mentioned in paragraph (2) shall determine for the purpose of these Regulations that development is EIA development.

(2) The events referred to in paragraph (1) are—

(a) the submission by the applicant or appellant in relation to that development of a statement referred to by the applicant or appellant as an environmental statement for the purposes of these Regulations; or

(b) the adoption by the relevant planning authority of a screening opinion to the effect that the development is EIA development.

(3) A direction of the Secretary of State shall determine for the purpose of these Regulations whether development is or is not EIA development.

(4) Where a relevant planning authority or the Secretary of State has to decide under these Regulations whether Schedule 2 development is EIA development, the relevant planning authority or Secretary of State must take into account in making that decision—

(a) any information provided by the applicant;

(b) the results of any relevant EU environmental assessment which are reasonably available to the relevant planning authority or the Secretary of State; and

(c) such of the selection criteria set out in Schedule 3 as are relevant to the development.

(5) Where a relevant planning authority adopts a screening opinion under regulation 6(6), or the Secretary of State makes a screening direction under regulation 7(5), the authority or the Secretary of State, as the case may be, must—

(a) state the main reasons for their conclusion with reference to the relevant criteria listed in Schedule 3;

(b) if it is determined that proposed development is not EIA development, state any features of the proposed development and measures envisaged to avoid, or prevent what might otherwise have been, significant adverse effects on the environment; and

(c) send a copy of the opinion or direction to the person who proposes to carry out, or who has carried out, the development in question.

(6) The Secretary of State may make a screening direction either—

(a) of the Secretary of State’s own volition; or

(b) if requested to do so in writing by any person.

(7) The Secretary of State may direct that particular development of a description mentioned in column 1 of the table in Schedule 2 is EIA development whether or not the conditions contained in sub-paragraphs (a) and (b) of the definition of “Schedule 2 development” are satisfied in relation to that development.

(8) Where the Secretary of State makes a screening direction in accordance with paragraph (6), the Secretary of State must—

(a) take such steps as appear to be reasonable to the Secretary of State in the circumstances, having regard to the requirements of regulation 6(2) and (3), to obtain information about the proposed development in order to inform a screening direction;

(b) take into account in making that screening direction—

(i) the information gathered in accordance with sub-paragraph (a);

(ii) the results of any relevant EU environmental assessment which are reasonably available to the Secretary of State; and

(iii) such of the selection criteria set out in Schedule 3 as are relevant to the development.

(9) The Secretary of State must make a screening direction under paragraph (6)(a) within—

(a) 3 weeks beginning with the date on which the Secretary of State obtains sufficient information to inform a screening direction; or

(b) such longer period, not exceeding 90 days, as may reasonably be required, beginning with the date on which the Secretary of State obtains sufficient information to inform a screening direction,

but this is subject to paragraph (10).

(10) Where the Secretary of State considers that due to exceptional circumstances relating to the proposed development that it is not practicable to adopt a screening direction under paragraph (6)(a) within the period specified in paragraph (9), the Secretary of State may extend that period by notice in writing given to the person bringing forward the development which is the subject of the proposed screening direction.

(11) The Secretary of State must state in any notice given under paragraph (10) the reasons justifying the extension and the date when the determination is expected.

(12) The Secretary of State must send a copy of any screening direction to the relevant planning authority.