C2F1PART VAENVIRONMENTAL IMPACT ASSESSMENTS
Pt. 5A power to amend or repeal conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 1 (with s. 247)
C1105AF2Screening of projects for constructing or improving highways
1
If a project authority is considering a project for constructing or improving a highway for which it is the highway authority, the project authority must, before details of the project are published, determine—
a
whether or not the project F3is of a type specified in Annex I or Annex II, and
b
if it considers the project is a relevant project F4of a type specified in Annex II, whether it should be made subject to an environmental impact assessment.
2
In this Part “project authority” means—
a
the Secretary of State,
b
the Welsh Ministers, or
c
a strategic highways company.
3
When making a determination under subsection (1)(b), a project authority must have regard to the following—
a
the information F5described in Annex II.A,
b
the selection criteria F6set out in Annex III,
c
any features of the project or measures envisaged to avoid or prevent what might otherwise be significant adverse effects on the environment, and
d
the results of any relevant environmental assessment which are reasonably available to the authority.
4
The project authority must make a determination under subsection (1)(b)—
a
as soon as possible, and
b
in any event within the period of 90 days beginning with the day on which it has access to the information mentioned in paragraphs (a), (c) and (d) of subsection (3).
5
If the project authority is satisfied that it is appropriate to do so by reason of exceptional circumstances relating to a project (including circumstances relating to the nature, complexity, location or size of project), it may extend the period specified in subsection (4)(b).
Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2