The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

Considerations for screening decisions

7.—(1) Where the Commission, the Secretary of State, or the Examining authority has to decide under these Regulations whether Schedule 2 development is EIA development the Commission, the Secretary of State, or the Examining authority must take into account in making that decision such of the selection criteria set out in Schedule 3 as are relevant to the development.

(2) Where a relevant authority has to decide under these Regulations whether supplementary information is required to enable it to determine a subsequent application it must take into account in making that decision—

(a) such of the selection criteria set out in Schedule 3 as are relevant to the development;

(b) whether information that was available to the decision-maker when it decided to grant development consent for the development has changed since it made that decision;

(c) whether new information on the likely environmental effects of the development has become available since the decision-maker decided to grant development consent; and

(d) whether the new information referred to in paragraphs (b) and (c) is material to the decision as to whether the proposed development is likely to have significant effects on the environment, or as to the particular nature or extent of those effects.