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

Screening opinions and directions

This section has no associated Explanatory Memorandum

26.—(1) An authority which is minded to make a planning application or a subsequent application in relation to which it would be the relevant planning authority may adopt a screening opinion or request the Secretary of State in writing to make a screening direction, and paragraphs (3) and (4) of regulation 6 shall apply to such a request as they apply to a request made pursuant to regulation 5(7).

(2) A relevant planning authority which proposes to carry out development which they consider may be—

(a)development of a description specified in Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995(1) other than development of a description specified in article 3(12) of that Order; or

(b)development for which permission would be granted but for regulation 27(1),

may adopt a screening opinion or request the Secretary of State to make a screening direction, and paragraphs (3) and (4) of regulation 6 shall apply to such a request as they apply to a request made pursuant to regulation 5(7).

(3) A request under paragraph (1) or (2) shall be accompanied by—

(a)in the case of a planning application, the documents described in regulation 5(2);

(b)in the case of a subsequent application, the documents described in regulation 5(3).

(4) An authority making a request under paragraph (1) or (2) shall send to the Secretary of State any additional information which is requested in writing to enable the Secretary of State to make a direction.

(1)

S.I. 1995/418, to which there are amendments not relevant to these Regulations.