The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017

Screening decisions: general E+W

15.—(1) The relevant authority must make a screening decision on the basis of the information provided by the developer, taking account, where relevant, of—

(a) the criteria set out in Schedule 3;

(b) the results of assessments of the effects of the environment of the development undertaken under requirements imposed in accordance with [F1 retained EU law other than any law that implemented] the EIA Directive; and

(c) the views (if any) of every local planning authority consulted.

(2) If the relevant authority thinks that the development is likely to have significant effects on the environment, the relevant authority must make a screening decision that the development is EIA development.

(3) The relevant authority must send the screening decision to the developer as soon as reasonably practicable after it is made.

(4) If the screening decision is that the development is EIA development, the screening decision must state the main reasons for the decision by reference to the criteria set out in Schedule 3.

(5) If the screening decision is that the development is not EIA development, the screening decision must state—

(a) the main reasons for the decision by reference to the criteria set out in Schedule 3; and

(b) any features of the development and measures envisaged to avoid or prevent what might otherwise be significant adverse effects on the environment.

Textual Amendments

F1 Words in reg. 15(1)(b) substituted (31.12.2020) by The Pipe-lines, Petroleum, Electricity Works and Oil Stocking (Miscellaneous Amendments) (EU Exit) Regulations 2018 (S.I. 2018/1325), regs. 1(1), 10(3); 2020 c. 1, Sch. 5 para. 1(1)