PART 9Unauthorised Development

Screening directions of the Secretary of State33

Any person on whom a regulation 32 notice is served may, within 3 weeks beginning with the date the notice is served, apply to the Secretary of State for a screening direction and the following shall apply—

a

an application under this regulation shall be accompanied by—

i

a copy of the regulation 32 notice;

ii

a copy of the enforcement notice which accompanied it; and

iii

such other information or representations as the applicant may wish to provide or make;

b

at the same time as applying to the Secretary of State, the applicant shall send to the authority by whom the regulation 32 notice was served, a copy of the application under this regulation and of any information or representations provided or made in accordance with sub-paragraph (a)(iii);

c

if the Secretary of State considers that the information provided in accordance with sub-paragraph (a) is insufficient to make a direction, the Secretary of State shall notify the applicant and the authority of the matters in respect of which additional information is required; and the information so requested shall be provided by the applicant within such reasonable period as may be specified in the notice;

d

the Secretary of State shall send a copy of the direction to the applicant;

e

without prejudice to sub-paragraph (d), where the Secretary of State directs that the matters which are alleged to constitute the breach of planning control do not comprise or include EIA development, the Secretary of State shall send a copy of the direction to every person to whom a copy of the regulation 32 notice was sent.