reg 9 Procedure when application for Schedule 1 development, etc. not accompanied by EIA report or request for scoping opinion
(1) This regulation applies where an application for a section 36 or 37 consent, or a section 36 variation, for— (a) development of a description set out in Schedule 1; or (b) development in respect of which the relevant authority has made a screening decision that the development is EIA development, is not accompanied by an EIA report or a request for a scoping opinion under regulation 18. (2) As soon as reasonably practicable after receiving the application, the relevant authority must notify the person (the “developer”) making the application 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. (3) 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.