7.—(1) When making an application, an applicant shall submit an applicant’s statement of environmental information with that application in relation to any proposed works which are to be covered by that application, if those works constitute a project which is of a type mentioned in Annex I or, subject to paragraph (2) below, Annex II to the Directive M1.
(2) Where the proposed works constitute a project of a type mentioned in Annex II to the Directive an applicant is not required to submit an applicant’s statement of environmental information if the Secretary of State has, under paragraph (13) below, notified the applicant that an environmental impact assessment is not required in relation to those works.
(3) Before making an application (other than an application relating to works constituting a project which is of a type mentioned in Annex I to the Directive), an applicant may make a request in writing to the Secretary of State for a decision as to whether or not an environmental impact assessment of the proposed works covered by the application is required (a “screening decision").
(4) A request made pursuant to paragraph (3) above shall be accompanied by—
(a)a plan sufficient to identify the land affected by the works in question,
(b)a brief description of the nature and purposes of the order which the applicant proposes to seek (if an application is made under rule 9 below), and
(c)a brief description of the possible effects on the environment of the works,
and may include such other information and representations as the applicant wishes to provide or make.
(5) Unless informed in writing by the Secretary of State that he need not do so, an applicant, before submitting any request under paragraph (3) above for a screening decision, shall serve notice on—
(a)every local planning authority in whose area the works would be carried out, were the order for which the applicant proposes to apply to be made, or the relevant coastal authority (as the case may be),
(b)where the proposals relate to a project within tidal waters and would require a licence under Part II of the Food and Environment Protection Act 1985 M2, the Minister of Agriculture, Fisheries and Food,
(c)the Environment Agency M3, and
(d)those mentioned in rule 5(2)(b) and (c) above (in the circumstances mentioned in those provisions),
of his intention to make that request and shall include in each such notice the information to be included by virtue of paragraph (4) above in a request for a screening decision.
(6) The recipient of any notice served under paragraph (5) above shall, not later than 42 days after receiving that notice, provide the applicant with a written opinion as to whether or not, in the view of the recipient, the works in question should be the subject of an environmental impact assessment.
(7) The applicant shall include with any request for a screening decision made under paragraph (3) above copies of any opinions received by him under paragraph (6) above in relation to the works which are the subject of that request.
(8) Where a request for a screening decision relates to an order which would, if made, authorise works which for the purposes of the Directive could constitute two or more projects which are not interdependent, the Secretary of State may, if he considers it expedient, treat each such project separately for the purposes of paragraphs (9) to (14) below and, in such a case, the references in those paragraphs to works shall be construed as relating to each such project separately, and the references to a screening decision shall be construed as relating to such a decision in relation to each such project.
(9) If the Secretary of State considers that the information provided by an applicant in or with a request made under paragraph (3) above is insufficient to enable him to make a screening decision he shall, not later than 28 days after receiving the request, notify the applicant in writing of the additional information that he considers he requires in order to make that decision.
(10) On receiving a notification under paragraph (9) above, the applicant shall provide the Secretary of State with such of the additional information specified in that notification as the applicant is reasonably able to supply and, where any of the additional information so specified is not provided, a written explanation as to why the applicant is unable to provide that information.
(11) In making his screening decision, the Secretary of State shall take into account the selection criteria set out in Annex III to the Directive M4.
(12) If the Secretary of State considers that the works in question would be likely to have a significant effect on the environment if carried out, his screening decision shall be that an environmental impact assessment of the works is required.
(13) The Secretary of State shall notify the applicant of his screening decision not later than 42 days after receipt of the request made pursuant to paragraph (3) above or, where a notification has been given under paragraph (9) above, not later than 42 days after receiving the further information that the applicant is required to supply by virtue of paragraph (10) above.
(14) If the Secretary of State decides that an environmental impact assessment of the works is required, he shall give reasons for that decision in the notification given under paragraph (13) above.
Marginal Citations
M1Both Annexes are amended by Council Directive 97/11/EC.
M3See section 1(1) of the Environment Act 1995 (c. 25).
M4Inserted by Council Directive 97/11/EC.