Procedure for establishing whether environmental impact assessment is requiredU.K.

6.—(1) A person who proposes to make an application for an order granting development consent must, before carrying out consultation under section 42 (duty to consult) either—

(a)request the [F1Secretary of State] to adopt a screening opinion in respect of the development to which the application relates; or

(b)notify the [F1Secretary of State] in writing that the person proposes to provide an environmental statement in respect of that development.

(2) A person who proposes to make a subsequent application [F2may], before submitting that application—

(a)request the relevant authority to adopt a subsequent screening opinion in respect of the proposed development; or

(b)notify the relevant authority in writing that the person proposes to provide an updated environmental statement in respect of the proposed development.

(3) A request or notification under paragraph (1) must be accompanied by—

(a)a plan sufficient to identify the land;

(b)a brief description of the nature and purpose of the development and of its possible effects on the environment; [F3and]

(c)such other information or representations as the person making the request may wish to provide or make.

(4) A request or notification under paragraph (2) must be accompanied by—

(a)the reference number applied by the [F1Secretary of State] to the application for an order granting development consent in respect of which the applicant proposes to make a subsequent application; and

[F4(aa)an explanation of the likely effects on the environment which were not identified at the time the order granting development consent was made; and]

(b)such other information or representations as the person making the request may wish to provide or make.

(5) Where—

(a)the [F1Secretary of State] or the relevant authority has received a request under paragraph (1)(a); or

(b)the relevant authority has received a request under paragraph(2)(a),

the [F1Secretary of State], or, as the case may be, the relevant authority, must, if it considers that it has not been provided with sufficient information to adopt an opinion, notify in writing the person making the request of the points on which it requires additional information.

(6) The [F1Secretary of State] or the relevant authority must adopt a screening opinion or a subsequent screening opinion within 21 days beginning with the date of receipt of a request made pursuant to paragraph (1) or (2), or where the [F1Secretary of State] or, as the case may be, the relevant authority has notified the person making the request that it requires additional information, within 21 days of receiving that information.

(7) Where the [F1Secretary of State] or the Examining authority adopts a screening opinion, or the Secretary of State makes a screening direction under regulation 5, F5... , [F6the Secretary of State or the Examining authority], as the case may be, must—

(a)issue with the opinion or direction a written statement giving clearly and precisely the full reasons for that conclusion;

(b)send a copy of the opinion or direction and a copy of the written statement required by sub-paragraph (a) to the applicant; and

(c)where F7... the Examining authority adopts the opinion, send a copy of the opinion and a copy of the written statement to the Secretary of State.

(8) Where the relevant authority adopts a subsequent screening opinion to the effect that an updated environmental statement is required to enable it to determine a subsequent application it must—

(a)issue with the opinion a written statement giving clearly and precisely the full reasons for that conclusion;

(b)send a copy of the opinion and a copy of the written statement required by paragraph (a) to the applicant and to the Secretary of State;

Textual Amendments