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The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011

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Requests for screening directions of the Scottish Ministers

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7.—(1) A person who pursuant to regulation 6(6) requests the Scottish Ministers to make a screening direction must submit with that request—

(a)a copy of the request to the planning authority under regulation 6(1) and the documents which accompanied it;

(b)a copy of any notification under regulation 6(3) which has been received and of any response;

(c)a copy of any screening opinion received from the planning authority and of any accompanying statement of reasons; and

(d)any representations that person wishes to make.

(2) When a person makes a request pursuant to regulation 6(6), that person must send to the planning authority a copy of that request and of any representations made to the Scottish Ministers, and that authority may, within two weeks of receiving those documents, provide the Scottish Ministers with their comments on the request and representations.

(3) Where the Scottish Ministers consider that they have not been provided with sufficient information to make a screening direction they—

(a)must notify in writing the person making the request pursuant to regulation 6(6) of the points on which they require further information; and

(b)may request the planning authority to provide such information as they can on any of those points.

(4) The Scottish Ministers must make a screening direction within three weeks beginning with the date of receipt of a request pursuant to regulation 6(6) or such longer period as they may reasonably require.

(5) The Scottish Ministers must send a copy of any screening direction made pursuant to paragraph (4) forthwith to the person who made the request.

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