Regulation 9 Considerations for screening decisions

(1)

Where the Secretary of State or the Examining authority has to decide under these Regulations whether Schedule 2 development is EIA development M1 the Secretary of State or the Examining authority must take into account in making that decision—

(a)

any information provided to the Secretary of State or the Examining authority in accordance with regulation 8;

(b)

the results of any relevant EU environmental assessment which are reasonably available to the Secretary of State or the Examining authority; and

(c)

such of the selection criteria set out in Schedule 3 as are relevant to the proposed development.

(2)

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

(a)

any information provided to it in accordance with regulation 8;

(b)

the results of any relevant EU environmental assessment which are reasonably available to the relevant authority;

(c)

such of the selection criteria set out in Schedule 3 to these Regulations as are relevant to the development;

(d)

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;

(e)

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

(f)

whether the new information referred to in sub-paragraphs (d) and (e) 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.

Annotations

Marginal citations

M1: See regulations 7 and 8 for the Secretary of State's role, and regulation 19 for the Examining authority's role.