Regulation 7 General provisions relating to screening
When making a determination as to whether Schedule 2 development is EIA development, a planning authority or the Scottish Ministers, as the case may be, must take into account—
such of the selection criteria set out in schedule 1 as are relevant to the proposed development, and
the available results of any relevant assessment.
Where a planning authority adopt a screening opinion or the Scottish Ministers make a screening direction—
that screening opinion or screening direction must be accompanied by a written statement giving, with reference to the criteria set out in schedule 1 as are relevant to the proposed development, the main reasons for their conclusion as to whether the proposed development is, or is not, EIA development, and
where the screening opinion or the screening direction is to the effect that proposed development is not EIA development, the statement referred to in sub-paragraph (a) must state any features of the proposed development or proposed measures envisaged to avoid or prevent significant adverse effects on the environment.
As soon as possible after adopting a screening opinion the planning authority must publish a copy of the screening opinion and a copy of the written statement referred to in paragraph (2)(a) on the internet and place a copy of the screening opinion and written statement on the register.
The Scottish Ministers may make a screening direction either—
at their own volition, or
if requested to do so in writing by any person.
The Scottish Ministers may make a screening direction that a particular development of a description mentioned in column 1 of the table in schedule 2 of the 2017 Regulations 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” in regulation 2(1) of the 2017 Regulations is satisfied in relation to that development.
As soon as possible after adopting a screening direction, the Scottish Ministers must send a copy of the screening direction and a copy of the written statement referred to in paragraph (2) to—
the planning authority,
where the screening direction is made following a request, to the person who made the request.