The Town and Country Planning (Environmental Impact Assessment) Regulations 2017

Requests for screening directions of the Secretary of State

7.—(1) A person who pursuant to regulation 6(10) requests the Secretary of State to make a screening direction must submit with the request—

(a)a copy of the request to the relevant planning authority under regulation 6(1) and the documents which accompanied it;

(b)a copy of any notification received under regulation 6(5) and of any response sent;

(c)a copy of any screening opinion received from the authority and any accompanying statement of reasons; and

(d)any representations that the person wishes to make.

(2) A person making such a request must send to the relevant planning authority a copy of that request and of any representations made to the Secretary of State.

(3) If the Secretary of State considers that sufficient information to make a screening direction has not been provided, the Secretary of State must give notice in writing to the person making the request of the points on which additional information is required, and may request the relevant planning authority to provide such information as they can on any of those points.

(4) A person providing additional information pursuant to a notice under paragraph (3) must, where that information is of a type specified in regulation 6(2) or (3), prepare that information in accordance with the requirements of regulation 6(4).

(5) The Secretary of State must make a screening direction following a request under regulation 5(6)(b) or 6(10) within—

(a)3 weeks beginning with the date of receipt of the request; or

(b)where the Secretary of State gives notice under paragraph (3), such longer period not exceeding 90 days beginning with the date on which the person making the request for a screening direction submits the information required under paragraph (3) as may be reasonably required,

but this is subject to paragraph (6).

(6) Where the Secretary of State considers that due to exceptional circumstances relating to the proposed development it is not practicable to make a screening direction within the period specified in paragraph (5), the Secretary of State may extend that period by giving notice in writing to the person who made the request for a screening direction.

(7) The Secretary of State must state in any notice given under paragraph (6) the reasons justifying the extension of time and the date when the determination is expected.

(8) The Secretary of State must send a copy of any screening direction made pursuant to paragraph (5) to—

(a)the person who made the request;

(b)the applicant (where the applicant is not the person referred to in sub-paragraph (a)); and

(c)the relevant planning authority.