The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

Procedure for establishing whether environmental impact assessment is required

6.—(1) A person who proposes to make an application for an order granting development consent must, before carrying out consultation under section 42 (duty to consult) either—

(a)request the Commission to adopt a screening opinion in respect of the development to which the application relates; or

(b)notify the Commission in writing that the person proposes to provide an environmental statement in respect of that development.

(2) A person who proposes to make a subsequent application must, before submitting that application—

(a)request the relevant authority to adopt a subsequent screening opinion in respect of the proposed development; or

(b)notify the relevant authority in writing that the person proposes to provide an updated environmental statement in respect of the proposed development.

(3) A request or notification under paragraph (1) must be accompanied by—

(a)a plan sufficient to identify the land;

(b)a brief description of the nature and purpose of the development and of its possible effects on the environment;

(c)such other information or representations as the person making the request may wish to provide or make.

(4) A request or notification under paragraph (2) must be accompanied by—

(a)the reference number applied by the Commission to the application for an order granting development consent in respect of which the applicant proposes to make a subsequent application; and

(b)such other information or representations as the person making the request may wish to provide or make.

(5) Where—

(a)the Commission or the relevant authority has received a request under paragraph (1)(a); or

(b)the relevant authority has received a request under paragraph(2)(a),

the Commission, or, as the case may be, the relevant authority, must, if it considers that it has not been provided with sufficient information to adopt an opinion, notify in writing the person making the request of the points on which it requires additional information.

(6) The Commission or the relevant authority must adopt a screening opinion or a subsequent screening opinion within 21 days beginning with the date of receipt of a request made pursuant to paragraph (1) or (2), or where the Commission or, as the case may be, the relevant authority has notified the person making the request that it requires additional information, within 21 days of receiving that information.

(7) Where the Commission or the Examining authority adopts a screening opinion, or the Secretary of State makes a screening direction under regulation 5, to the effect that development is EIA development, the Commission, the Examining authority or the Secretary of State, as the case may be, must—

(a)issue with the opinion or direction a written statement giving clearly and precisely the full reasons for that conclusion;

(b)send a copy of the opinion or direction and a copy of the written statement required by sub-paragraph (a) to the applicant; and

(c)where the Commission or the Examining authority adopts the opinion, send a copy of the opinion and a copy of the written statement to the Secretary of State.

(8) Where the relevant authority adopts a subsequent screening opinion to the effect that an updated environmental statement is required to enable it to determine a subsequent application it must—

(a)issue with the opinion a written statement giving clearly and precisely the full reasons for that conclusion;

(b)send a copy of the opinion and a copy of the written statement required by paragraph (a) to the applicant and to the Secretary of State;