PART 2Screening
General provisions relating to screening4
1
Subject to paragraphs (3) and (4), the occurrence of an event mentioned in paragraph (2) shall determine for the purpose of these Regulations that development is EIA development.
2
The events referred to in paragraph (1) are—
a
the submission by the applicant or appellant in relation to that development of a statement referred to by the applicant or appellant as an environmental statement for the purposes of these Regulations; or
b
the adoption by the relevant planning authority of a screening opinion to the effect that the development is EIA development.
3
A direction of the Secretary of State shall determine for the purpose of these Regulations whether development is or is not EIA development.
4
a
The Secretary of State may direct that these Regulations shall not apply in relation to a particular proposed development specified in the direction either—
i
in accordance with Article 2(3) of the Directive (but without prejudice to Article 7 of the Directive), or
ii
if the development comprises or forms part of a project serving national defence purposes and in the opinion of the Secretary of State compliance with these Regulations would have an adverse effect on those purposes;
b
Where a direction is given under paragraph (4)(a) the Secretary of State must send a copy of any such direction to the relevant planning authority.
5
Where a direction is given under paragraph (4)(a)(i) the Secretary of State must—
a
make available to the public the information considered in making the direction and the reasons for making the direction;
b
consider whether another form of assessment would be appropriate; and
c
take such steps as are considered appropriate to bring the information obtained under the other form of assessment to the attention of the public.
6
Where a local planning authority or the Secretary of State has to decide under these Regulations whether Schedule 2 development is EIA development the authority or Secretary of State shall take into account in making that decision such of the selection criteria set out in Schedule 3 as are relevant to the development.
7
Where a local planning authority adopts a screening opinion under regulation 5(5), or the Secretary of State makes a screening direction under paragraph (3)—
a
that opinion or direction shall be accompanied by a written statement giving clearly and precisely the full reasons for that conclusion; and
b
the authority or the Secretary of State, as the case may be, shall send a copy of the opinion or direction and a copy of the written statement required by sub-paragraph (a) to the person who proposes to carry out, or who has carried out, the development in question.
8
The Secretary of State may make a screening direction either—
a
of the Secretary of State’s own volition; or
b
if requested to do so in writing by any person.
9
The Secretary of State may direct that particular development of a description mentioned in Column 1 of the table in Schedule 2 is EIA development in spite of the fact that none of the conditions contained in sub-paragraphs (a) and (b) of the definition of “Schedule 2 development” is satisfied in relation to that development.
10
The Secretary of State shall send a copy of any screening direction and a copy of the written statement required by paragraph (7)(a) to the relevant planning authority.