The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010

Decisions in relation to flood protection schemes with environmental statements

10.—(1) Neither a local authority nor the Scottish Ministers may confirm—

(a) a flood protection scheme in respect of which an environmental statement has been prepared; or

(b) a modified flood protection scheme in respect of which an environmental statement has been prepared,

unless they have taken the environmental information referred to in paragraph (3) into account, and they must state in their decision that they have done so.

(2) Where—

(a) it is a condition of a direction granting deemed planning permission for a proposed flood protection scheme that further details must be submitted for approval (whether to the Scottish Ministers or to a planning authority); and

(b) an environmental statement has been prepared in respect of that scheme,

neither the Scottish Ministers nor a planning authority may approve such further details unless they have taken the environmental information referred to in paragraph (3) into account, and they must state in their decision that they have done so.

(3) The environmental information is—

(a) any environmental statement or revised or updated environmental statement prepared in connection with the scheme;

(b) any representation made by any of the persons referred to in paragraph 1(1)(f) of schedule 2 to the Act;

(c) any representation made by any of the consultative bodies; and

(d) any valid objection to the scheme (unless withdrawn).