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The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017

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Requests for screening directions of the Welsh Ministers

7.—(1) A person who pursuant to regulation 6(8) requests the Welsh Ministers to make a screening direction (a “person making a request”) must submit with the request—

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

(b)a copy of any notification received under regulation 6(5) and of any response sent;

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

(d)any representations that the person wishes to make.

(2) A person making a request must send to the relevant planning authority a copy of that request and the representations that person makes to the Welsh Ministers.

(3) If the Welsh Ministers consider that sufficient information to make a screening direction has not been provided, they must give notice to the person making the request.

(4) The notice must specify the points on which additional information is required.

(5) The Welsh Ministers may also request the relevant planning authority to provide such information as they can on any of those points.

(6) The Welsh Ministers must make a screening direction within—

(a)21 days; or

(b)such longer period not exceeding 90 days as may be reasonably required,

in either case, from the date on which the person making the request submits the information required under paragraph (1).

(7) Where the Welsh Ministers consider that due to exceptional circumstances relating to the proposed development it is not practicable for them to adopt a screening direction within the period of 90 days, the Welsh Ministers may extend that period by giving notice in writing to the person who made the request for a screening direction.

(8) The Welsh Ministers must state in any notice under paragraph (7) the reasons justifying the extension and the date when the determination is expected.

(9) The Welsh Ministers must send a copy of any screening direction made pursuant to paragraph (6) to the person who made the request, the applicant (if they are not the person who made the request) and the relevant planning authority as soon as reasonably practicable.

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