The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011

Consideration of environmental information when determining an application for multi stage consent

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4.—(1) The planning authority or the Scottish Ministers must not grant an application for multi-stage consent in respect of EIA development unless they have first taken the environmental information into account and they must state in their decision that they have done so.

(2) When granting an application for multi-stage consent in respect of EIA development the planning authority or the Scottish Ministers may, having regard to the environmental information, impose conditions in relation to the development whether in relation to matters arising from the application for multi-stage consent or from the planning permission in respect of which such application is made for the purpose of avoiding, reducing or offsetting the effect of the development on the environment.

(3) For the purposes of paragraph (1) and (2), “environmental information” in addition to any environmental information previously provided in respect of the development includes—

(a)any environmental statement provided in connection with the application for multi-stage consent;

(b)any additional information provided in connection with the application for multi-stage consent; and

(c)any representations made in connection with the application for multi-stage consent by any body required by these Regulations to be invited to make representations and any representations duly made by any other person about the environmental effects of the development.