The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006

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The requirement for environmental statement and screening decisionsE+W+S

This section has no associated Explanatory Memorandum

7.—(1) Except where the Secretary of State has issued a direction pursuant to paragraph (3), an applicant shall when making an application submit an [F1applicant’s environmental statement] with that application in relation to any proposed works which are to be covered by that application, if those works constitute a project which is of a type mentioned in Annex I or, subject to paragraph (2), Annex II to the Directive.

(2) Where the proposed works constitute a project of a type mentioned in Annex II to the Directive an applicant is not required to submit an [F2applicant’s environmental statement] if the Secretary of State has, under paragraph (13), notified the applicant that an environmental impact assessment is not required in relation to those works.

[F3(3) Where the proposed works comprise or form part of a project serving national defence as its sole purpose, or comprise a project having the response to a civil emergency as its sole purpose, and the Secretary of State considers that the carrying out of an environmental impact assessment of the works would have an adverse effect on that purpose he may direct that an environmental impact assessment of the works is not required and that rule 16 does not apply.]

(4) Before making an application (other than an application relating to works constituting a project which is of a type mentioned in Annex I to the Directive), an applicant may make a request in writing to the Secretary of State for a decision as to whether or not an environmental impact assessment of the proposed works covered by the application is required (“a screening decision”).

[F4(5) An applicant making a request for a screening decision under paragraph (4) shall, taking into account where relevant the available results of other environmental assessments required under [F5retained EU law] (other than legislation [F6which implemented] the requirements of the Directive), provide the following information—

(a)a plan sufficient to identify the land affected by the works in question;

(b)a description of the proposed works, including in particular—

(i)a description of the physical characteristics of the works and, where relevant, of demolition works; and

(ii)a description of the location of the works, with particular regard to the environmental sensitivity of geographical areas likely to be affected;

(c)a description of aspects of the environment likely to be significantly affected by the works; and

(d)to the extent the information is available, a description of any likely significant effects of the works on the environment resulting from—

(i)the expected residues and emissions and the production of waste, where relevant; and

(ii)the use of natural resources, in particular soil, land, water and biodiversity.

(5A) An applicant making a request for a screening decision under paragraph (4) may also provide a description of any features of the proposed works or any measures envisaged to avoid or prevent what might otherwise have been significant adverse effects on the environment.]

(6) If the Secretary of State considers that the information provided by an applicant in or with a request made under paragraph (4) is insufficient to enable him to make a screening decision he shall, not later than 28 days after receiving the request, notify the applicant in writing of the additional information that he considers he requires in order to make that decision.

(7) On receiving notification under paragraph (6), the applicant shall provide the Secretary of State with such of the additional information specified in that notification as the applicant is reasonably able to supply and, where any of the additional information so specified is not provided, a written explanation as to why the applicant is unable to provide the information.

(8) The Secretary of State shall not give a screening decision in response to a request under paragraph (4) until he has given notice of the request to, and invited the views of, the following bodies—

(a)every local planning authority in whose area the works would be carried out, were the order for which the applicant proposes to apply to be made, or the relevant coastal authority (as the case may be);

[F7(b)where the proposals relate to a project within tidal waters and would require a licence under Part 4 of the Marine and Coastal Access Act 2009, the appropriate licensing authority within the meaning of section 113 of that Act;]

(c)the Environment Agency M1;

(d)the Countryside Agency M2 and English Nature M3 for a proposal affecting land in or adjacent to, or tidal waters in or adjacent to, England;

(e)the Countryside Council for Wales M4 for a proposal affecting land in or adjacent to, or tidal waters in or adjacent to, Wales; and

(f)any other body which is designated by statutory provision[F8, or by the Secretary of State on a case-by-case basis,] as having specific environmental responsibilities [F9or local or regional competencies] and which the Secretary of State considers is likely to have an interest in the application.

(9) The recipient of any notice served under paragraph (8) shall, not later than 28 days after receiving that notice, provide the Secretary of State with a written opinion as to whether or not, in the view of the recipient, the works in question should be the subject of an environmental impact assessment.

(10) Where a request for a screening decision relates to an order which would, if made, authorise works which F10... could constitute two or more projects which are not interdependent, the Secretary of State may, if he considers it expedient, treat each such project separately for the purposes of this rule and, in such a case, the references in this rule to works shall be construed as relating to each such project separately, and the references to the screening decision shall be construed as relating to such a decision in relation to each such project.

[F11(11) In making his screening decision, the Secretary of State shall take into account—

(a)any information provided to the Secretary of State by the applicant or other bodies in accordance with this rule;

(b)where relevant, the results of other environmental assessments carried out pursuant to [F12retained EU law] other than legislation [F13which implemented] the requirements of the Directive; and

(c)such of the selection criteria set out in Annex III to the Directive as [F14the Secretary of State determines] are relevant to the proposed works.

(12) If the Secretary of State considers that the works in question would be likely to have significant adverse effects on the environment if carried out, then unless the applicant has proposed features of the works or measures to avoid or prevent such significant adverse effects, his screening decision shall be that an environmental impact assessment of the works is required.]

(13) [F15Subject to paragraphs (13A) and (13B), the Secretary of State] shall notify the applicant in writing of his screening decision not later than 42 days after receipt of the request made pursuant to paragraph (4) or, where a notification has been given under paragraph (6), not later than 42 days after receiving the further information that the applicant is required to supply by virtue of paragraph (7).

[F16(13A) Where, in accordance with rule 26, the Secretary of State allows further time to make a screening decision, he must ensure that irrespective of the further time allowed the applicant is notified in writing of the Secretary of State’s screening decision not later than 90 days after receipt of the request made pursuant to paragraph (4) or, where a notification has been given under paragraph (6), not later than 90 days after receiving the further information that the applicant is required to supply by virtue of paragraph (7).

(13B) Where the Secretary of State considers that due to exceptional circumstances relating to the proposed works it is not practicable to notify the applicant of his screening decision within the period specified in paragraph (13A), the Secretary of State may extend that period by giving notice in writing to the applicant giving reasons justifying the extension and the date when the decision is expected.

(14) In the notification given under paragraph (13), the Secretary of State shall state the main reasons for the decision with reference to the relevant criteria [F17set out] in Annex III to the Directive, and if that decision is that an environmental impact assessment is not required the Secretary of State shall also state any features of the proposed works or measures proposed to be taken in order to avoid or prevent what might otherwise have been significant adverse effects on the environment.

(15) As soon as reasonably practicable after notifying the applicant of the screening decision, the Secretary of State shall arrange for a copy of the notification to be published on a website maintained by or on behalf of the Secretary of State for that purpose.]

Textual Amendments

F1Words in rule 7(1) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 4 para. 3 (with Sch. 6 paras. 7(2), 9)

F2Words in rule 7(2) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 4 para. 3 (with Sch. 6 paras. 7(2), 9)

F3Rule 7(3) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 4 para. 4(a) (with Sch. 6 para. 9)

F4Rule 7(5)(5A) substituted for rule 7(5) (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 4 para. 4(b) (with Sch. 6 paras. 7(2), 9)

F5Words in rule 7(5) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 5(3)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in rule 7(5) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 5(3)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F7Art. 7(8)(b) substituted (6.4.2011) by The Marine and Coastal Access Act 2009 (Commencement No.5, Consequential and Transitional Provisions) Order 2011 (S.I. 2011/556), art. 1(3), Sch. para. 7(2)

F8Words in rule 7(8)(f) inserted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 4 para. 4(c)(i) (with Sch. 6 paras. 7(2), 9)

F9Words in rule 7(8)(f) inserted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 4 para. 4(c)(ii) (with Sch. 6 paras. 7(2), 9)

F10Words in rule 7(10) omitted (31.12.2020) by virtue of The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 5(3)(b); 2020 c. 1, Sch. 5 para. 1(1)

F11Rule 7(11)(12) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 4 para. 4(d) (with Sch. 6 paras. 7(2), 9)