6.—(1) Where a project requires a screening direction under regulation 5(2), the developer's application for a screening direction —
(a)must include the information specified in Schedule 4;
(b)may include information on any features of the project or measures envisaged to avoid, prevent, reduce or offset likely significant adverse effects on the environment.
(2) The developer must also provide any further information required by the Secretary of State regarding the application.
(3) The Secretary of State may decide that an environmental impact assessment is not required where the Secretary of State considers that the project is not likely to have a significant effect on the environment, taking into account—
(a)the information provided by the developer;
(b)the matters listed in Schedule 5 (matters to be taken into account in deciding whether a project is likely to have a significant effect on the environment);
(c)the results of any preliminary verifications or assessments of the effects on the environment of the project carried out pursuant to retained EU law other than any law that implemented the EIA Directive;
(d)any conditions that the Secretary of State may attach to the agreement to the grant of consent pursuant to regulation 4(4).
(4) The screening direction must state—
(a)the main reasons for the decision, with reference to the matters listed in Schedule 5 (matters to be taken into account in deciding whether a project is likely to have a significant effect on the environment); and
(b)where the Secretary of State has decided that an environmental impact assessment is not required—
(i)that the Secretary of State agrees to the grant of consent for the project;
(ii)any conditions that the Secretary of States attaches to the agreement to the grant of consent pursuant to regulation 4(4);
(iii)any features of the project or measures envisaged that the developer has proposed to avoid or prevent what might otherwise have been significant adverse effects on the environment.
(5) The Secretary of State must serve the screening direction on the developer as soon as possible and in any event within 90 days of receiving the application containing the information required under paragraph (1), except where paragraph (6) applies.
(6) The Secretary of State may extend the time limit in paragraph (5) where the Secretary of State considers that an application for a screening direction is for a project that is an exceptional case, for example in relation to its nature, complexity, location or size.
(7) Where paragraph (6) applies, the Secretary of State must notify the developer as to when the screening direction is expected to be served and the reasons why the Secretary of State considers that extra time is needed.
(8) The Secretary of State must promptly make the screening direction available on a public website.
Commencement Information
I1Reg. 6 in force at 31.12.2020 immediately before 11 p.m., see reg. 1(1)