Section 13(1)

Where an application has been referred to the Secretary of State for determination under section 77 of the Act (reference of applications to Secretary of State) or made to the Secretary of State under section 293B or section 293D (urgent Crown development or Crown development), and it appears to the Secretary of State that— paragraphs (3) to (8) of regulation 7 apply as if the referral of the application were a request made by the applicant pursuant to regulation 6(10). it is a Schedule 1 application or a Schedule 2 application; and the development in question— has not been the subject of a screening opinion or screening direction; or in the case of a subsequent application, was the subject of a screening opinion or direction before planning permission was granted to the effect that it is not EIA development; and the application is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations,

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Source: legislation.gov.uk · retrieved 2026-07-30