8.—(1) Before submitting an application in relation to works for which an environmental impact assessment is or may be required, the applicant may ask the Secretary of State to state in writing his opinion as to the information to be provided in the environmental statement (a “scoping opinion").
(2) A request under paragraph (1) 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 purpose of the proposed works, and
(c)a brief description of the possible effects on the environment of the works,
and may include such other information or representations as the applicant wishes to provide or make.
(3) On receiving a request under paragraph (1), the Secretary of State shall, if he considers that he has not been provided with sufficient information to enable him to give a scoping opinion, notify the applicant in writing of the additional information that he considers he requires in order to give that opinion.
(4) The Secretary of State shall not give a scoping opinion in response to a request under paragraph (1) above until he has consulted the applicant and the following bodies—
(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, the Minister of Agriculture, Fisheries and Food;
(c)the Environment Agency M1; and
(d)those mentioned in rule 5(2)(b) and (c) above (in the circumstances mentioned in those provisions).
(5) In forming a scoping opinion the Secretary of State shall take into account—
(a)the specific characteristics of the works in question;
(b)the specific characteristics of works of the type concerned; and
(c)the environmental features likely to be affected by the works.
(6) Subject to paragraph (7) below, the Secretary of State shall notify the applicant who made the request under paragraph (1) above of his scoping opinion, in writing, not later than 42 days after receipt of that request or, where the Secretary of State has given a notification under paragraph (3) above, 42 days after receipt of the additional information mentioned in that notification.
(7) Where an applicant makes a request for a scoping opinion under paragraph (1) above at the same time as he makes a request for a screening decision pursuant to rule 7(3) above in relation to the same proposed works, or after he has made a request for such a screening decision but before the Secretary of State has notified him of the screening decision in relation to the works, the Secretary of State shall notify the applicant, in writing, of his scoping opinion not later than 42 days after the date on which he notifies the applicant of his screening decision.
(8) Where the Secretary of State has given a scoping opinion to an applicant he shall not be precluded from requiring that applicant to provide further information in connection with any applicant’s statement of environmental information that may be submitted by that applicant in connection with an application relating to the same, or substantially the same, works as were referred to in that scoping opinion.
Marginal Citations
M1See section 1(1) of the Environment Act 1995 (c. 25).