Section 5(4)

Where a relevant planning authority or the Secretary of State has to decide under these Regulations whether Schedule 2 development is EIA development, the relevant planning authority or Secretary of State must take into account in making that decision— any information provided by the applicant; the results of any relevant EU environmental assessment which are reasonably available to the relevant planning authority or the Secretary of State; and such of the selection criteria set out in Schedule 3 as are relevant to the development.

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