reg 7 When development is EIA development: screening directions by the Secretary of State
(1) A direction of the Secretary of State shall determine for the purpose of these Regulations whether or not development is EIA development but may only be given if— (a) the Secretary of State has accepted an application for an order granting development consent for that development; and (b) paragraph (3) or paragraph (4) applies. (2) The Secretary of State may give a direction under paragraph (1)— (a) at any time until the relevant authority grants a subsequent consent; and (b) either— (i) of the Secretary of State's own volition; or (ii) if requested to do so in writing by any person. (3) This paragraph applies if— (a) the proposed development has not been the subject of a screening opinion; and (b) the application was not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations. (4) This paragraph applies if— (a) the proposed development has been the subject of a screening opinion to the effect that it is not EIA development; and (b) the Secretary of State considers that the screening opinion did not take into account information that is material to the decision as to whether or not the proposed development is EIA development. (5) If the Secretary of State decides to give a screening direction following a request under paragraph (2)(b)(ii), the Secretary of State must— (a) request from the applicant the information set out in regulation 8(3); (b) if the Secretary of State considers that sufficient information to make a screening direction has not been provided, notify the applicant of the points on which additional information is required; and (c) give the screening direction within 90 days of the date on which the applicant provides sufficient information for the Secretary of State to make a direction. (6) Where the Secretary of State considers that, due to exceptional circumstances relating to the circumstances of the proposed development, it is not practicable to give a screening direction within the period specified in paragraph (5)(c), the Secretary of State may— (a) in the case of a screening direction being prepared under paragraph (2)(b)(i), extend that period by notice in writing given to the person bringing forward the development which is the subject of the proposed screening direction; or (b) in the case of a screening direction being prepared under paragraph (2)(b)(ii), extend that period by notice in writing given to the person who made the request for a screening direction. (7) The Secretary of State must state in any notice given under paragraph (6) the reasons justifying the extension and the date when the direction is expected to be given. (8) The Secretary of State must send a copy of any screening direction to the relevant authority, or, if the Examining authority has been dealing with the application, to the Examining authority.