C6.5.1 Screening
As discussed above, the regulations do not require an EIA for all types of development. A project that requires an EIA is known as an “EIA Development’.
The developer is allowed to decide if the regulations apply and therefore if an EIA is required. If the developer is unsure, it may ask the planning authority their opinion on whether one is required before the application for planning permission is submitted.
If a planning application is submitted without an environmental statement (and therefore no EIA screening opinion requested) the planning authority is permitted to adopt an EIA screening opinion for the proposal, which will determine whether or not the scheme requires EIA.
The Planning Authority has 3 weeks from the date on which the request was received (or the date the planning application was deemed to be valid) to adopt their EIA screening opinion.