Developer may request screening decision before making application
(1) A person (the “developer”) who intends to make an application for a section 36 or 37 consent, or a section 36 variation, for development may request the relevant authority to make a screening decision.
(2) A request under paragraph (1) must be accompanied by—
(a) the information referred to in regulation 12; and
(b) a plan of the site of the development.
(3) On receiving a request under paragraph (1), the relevant authority must make a screening decision in respect of the development.
(4) But if the request is not accompanied by all the information referred to in regulation 12 or a plan of the site of the development, the relevant authority must, within 21 days after the date on which the relevant authority receives the request, notify the developer in writing of the omission (and paragraph (3) does not apply until the omitted material is provided).
When relevant authority must or may make screening decision after application made
(1) This regulation applies where a person (the “developer”) makes an application for a section 36 or 37 consent, or a section 36 variation, for the following development (other than development in respect of which the relevant authority has made a screening decision that the development is EIA development)—
(a) development of a description set out in Schedule 2;
(b) other development (but not development of a description set out in Schedule 1).
(2) If the application is for development referred to in paragraph (1)(a) and is not accompanied by an EIA report, the relevant authority must make a screening decision in respect of the development before dealing further with the application.
(3) But the relevant authority is not required to make a screening decision if, before the screening decision is made, the developer provides an EIA report to the relevant authority.
(4) If the application is for development referred to in paragraph (1)(b), the relevant authority may decide, having regard to the criteria set out in Schedule 3, to make a screening decision in respect of the development before determining the application.
(5) Where the relevant authority is required, or decides, to make a screening decision under this regulation, the relevant authority must—
(a) notify the developer in writing that the relevant authority will make a screening decision; and
(b) unless the developer has already done so, request the developer to provide the information referred to in regulation 12.
(6) If the relevant authority makes a screening decision under this regulation that the development for which the application is made is EIA development—
(a) when sending the screening decision to the developer, the relevant authority must notify the developer in writing that, unless the developer within 21 days after receiving the notification either informs the relevant authority in writing that the developer intends to provide an EIA report or requests a scoping opinion under regulation 18, the application will be refused;
(b) if the developer does not so inform the relevant authority or make such a request within that period, the relevant authority must refuse the application.
Screening decisions: information to be provided by developer
(1) The information to be provided by the developer is—
(a) a description of the development, including in particular—
(i) a description of the physical characteristics of the whole development and, where relevant, of demolition works;
(ii) a description of the location of the development, with particular regard to the environmental sensitivity of geographical areas likely to be affected;
(b) a description of the aspects of the environment likely to be significantly affected by the development;
(c) a description of any likely significant effects, to the extent of the information available on such effects, of the development resulting from—
(i) the expected residues and emissions and the production of waste, where relevant;
(ii) the use of natural resources, in particular soil, land, water and biodiversity.
(2) The developer must take into account the criteria set out in Schedule 3, where relevant, when compiling the information referred to in paragraph (1).
(3) When providing information under paragraph (1)—
(a) the developer must take into account, where relevant, the available results of other relevant assessments of the effects on the environment undertaken under requirements imposed in accordance with assimilated law other than any law that implemented the EIA Directive;
(b) the developer may also provide a description of any features of the development and measures envisaged to avoid or prevent what might otherwise be significant adverse effects on the environment.
Screening decisions: consultation with local planning authority
(1) This regulation and regulations 14 to 16 apply where the relevant authority—
(a) is required to make a screening decision following a request under regulation 10; or
(b) is required, or decides, to make a screening decision under regulation 11 on receipt of an application for a section 36 or 37 consent or a section 36 variation.
(2) The relevant authority must within 14 days after the date on which the relevant authority receives the information referred to in regulation 12 (and, where paragraph (1)(a) applies, a plan of the site of the development) consult—
(a) every local planning authority for the area in which the development will be carried out; or
(b) if the development will be carried out in relevant waters, any local planning authority that the relevant authority thinks appropriate,
as to its views on whether or not an environmental impact assessment should be undertaken in respect of the development.
(3) Paragraph (2) does not apply in relation to a local planning authority if the developer has already provided that local planning authority's views to the relevant authority.
(4) The local planning authority must give its views (if any) to the relevant authority within—
(a) 21 days after the date on which the local planning authority receives a request under paragraph (2); or
(b) any longer period notified in writing by the relevant authority, which must not end more than 28 days after the date on which the 21-day period referred to in sub-paragraph (a) ends.
Screening decisions: timing
(1) The relevant authority must make a screening decision within—
(a) 21 days after the later of the following dates—
(i) the date on which the relevant authority receives the information referred to in regulation 12 (and, where relevant, a plan of the site of the development); and
(ii) the latest date by which a local planning authority is required to give its views under regulation 13 or, if earlier, the date on which the relevant authority receives the last of those views; or
(b) any longer period that may be agreed in writing with the developer.
(2) But in an exceptional case (for example, relating to the nature, complexity, location or size of the development), the relevant authority may extend the date by which it is required to make a screening decision by notifying the developer in writing of the new date and the reason for the extension.
Screening decisions: general
(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 assimilated 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.
Screening decisions: publicity
(1) As soon as reasonably practicable after sending the screening decision to the developer, the relevant authority must send a copy to—
(a) every local planning authority for the area in which the development will be carried out; or
(b) if the development will be carried out in relevant waters, any local planning authority that the relevant authority thinks appropriate.
(2) Where a local planning authority that keeps the planning register receives a copy of the screening decision, the local planning authority must ensure that a copy is available for public inspection at all reasonable hours at the place where the planning register is kept for at least 2 years after the date on which the screening decision is made.
(3) The relevant authority must ensure that a copy of the screening decision is able to be accessed by the public free of charge at a website maintained by or on behalf of the relevant authority for at least 2 years after the date on which the screening decision is made.
Contains public sector information licensed under the Open Government Licence v3.0 (legislation.gov.uk).
