The Environmental Impact Assessment (Agriculture) (England) Regulations 2006

The screening decision

9.—(1) Natural England must, in accordance with paragraph (2) and the selection criteria in Schedule 2, decide whether or not a project is likely to have significant effects on the environment.

(2) If Natural England decides that a project is likely to have a significant effect on a European site (either alone or in combination with other projects), and the project is not directly connected with or necessary for the management of the site, the project shall be treated as being likely to have significant effects on the environment.

(3) Before making a screening decision, Natural England may consult any of the consultation bodies.

(4) After making a screening decision, Natural England must—

(a) notify the applicant of it, with reasons;

(b) enter it in a register, to which the public must have access at all reasonable times; and

(c) where it considers that any of the consultation bodies might wish to be informed of the screening decision, notify those bodies of it.

(5) Natural England must make a screening decision, and notify the applicant of it, within 35 days, or such longer period as may be agreed with the applicant, of either—

(a) the date referred to in regulation 8(3); or

(b) where applicable, the date Natural England receives any additional information it has requested under regulation 8(2),

whichever is the later.

(6) If Natural England has failed to make or notify a screening decision within the period in paragraph (5), the applicant may notify Natural England that he intends to treat that failure as a decision that the project is a significant project.

(7) Where the applicant has so notified Natural England, Natural England is deemed to have decided on the date of that notification that the project is a significant project.

(8) If, after Natural England has made, or is deemed to have made, a decision that the project is a significant project—

(a) Natural England receives further information or representations; and

(b) as a result of that further information or those representations Natural England decides that the project is not a significant project,

Natural England must take all the steps in paragraph (4) in respect of that new decision.

(9) If the project to which a screening decision relates is not begun within a period of three years beginning with the date the screening decision—

(a) is notified to the applicant; or

(b) is deemed to have been taken under paragraph (7),

the screening decision ceases to have effect.