The Environmental Impact Assessment (Agriculture) (England) (No.2) Regulations 2006

Screening notices E+W

6.—(1) Natural England may provide that thresholds do not apply to an area of land by serving a notice under this regulation.

(2) Natural England may only serve a screening notice if—

(a) it reasonably believes that an uncultivated land project or a restructuring project is likely to be carried out on the land;

(b) the extent of the project would fall below the threshold applicable to it in the area where it would be carried out; and

(c) it considers, in accordance with the selection criteria in Schedule 2, that the project would be likely to have significant effects on the environment.

(3) A screening notice cannot—

(a) apply for more than five years from the date it is served; or

(b) relate to an area of land which is greater than the area on which Natural England reasonably considers the project is likely to be carried out and in any event—

(i) in the case of a notice relating to uncultivated land projects, to an area greater than 20 hectares, or

(ii) in the case of a notice relating to restructuring projects, to an area greater than 150 hectares.

(4) A screening notice must—

(a) state whether it applies to—

(i) uncultivated land projects,

(ii) restructuring projects, or

(iii) both such projects;

(b) contain the reasons why it is being served;

(c) contain details of the land to which it applies and, in the case of a screening notice which applies to both uncultivated land projects and restructuring projects, details of which land is covered by which aspect of the notice;

(d) contain the date on which it expires; and

(e) explain the procedures for appealing against it.

(5) A copy of the screening notice must be served on every owner and occupier of the land.

(6) Section 329 of the Town and Country Planning Act 1990(1) (service of notices) applies to the service of copies of screening notices under paragraph (5).

Commencement Information

I1 Reg. 6 in force at 10.10.2006, see reg. 1(2)

(1)

1990 c. 8. Section 329 was amended in relation to England by S.I. 2003/956; there are other amending instruments, but none is relevant.