Planning Circular 1/2017: Environmental Impact Assessment regulations

Effect of Screening Opinions and Screening Directions

66. There may, exceptionally, be cases where a screening opinion has been issued but it subsequently becomes evident that it needs to be changed. This is most likely to be after a negative screening opinion has been issued and new evidence comes to light. Where new evidence comes to light concerning an application for multi-stage consent in connection with a development for which a negative screening opinion or direction has previously been issued, the provisions of Regulations 32 - 35 set out the circumstances in which a new screening opinion or screening direction may be issued which supersedes the terms of an earlier screening opinion or direction (see paragraphs 138- 144 for more information on multi-stage consents). Similar provision is made in article 3(8)(C) of The Town and Country Planning (General Permitted Development) (Scotland) Order 1992, as amended, in relation to prior notifications or applications for prior approvals. In all other circumstances, the authority could seek to persuade the applicant to voluntarily carry out an assessment and to submit an EIA Report in accordance with the Regulations. Alternatively, the planning authority may ask Scottish Ministers to issue a screening direction. In these circumstances any direction issued by Scottish Ministers, whether it agrees or disagrees with the authority's screening opinion, supersedes the previous screening opinion.