The Environmental Impact Assessment (Scotland) Regulations 1999

Publicity for environmental statement

13.—(1) In an EIA application, when the applicant or appellant submits to the Scottish Ministers or the relevant planning authority a statement which he refers to as an environmental statement for the purposes of these Regulations, he shall serve on any party who holds a notifiable interest in neighbouring land a notice in the form set out in Schedule 5 (or in a form substantially to the like effect) stating–

(a) that the statement may be inspected in the office of the relevant planning authority for the period of 4 weeks from the date of the said notice;

(b) the address at which copies of the statement may be acquired;

(c) the cost of a copy of the statement; and

(d) that representations may be made.

(2) The parties holding a notifiable interest in neighbouring land are the owners, lessees and occupiers of the land.

(3) A statement such as is referred to in paragraph (1) shall not be taken into consideration by a planning authority or the Scottish Ministers unless it is accompanied by a certificate stating–

(a) that notices have been served in terms of paragraph (1);

(b) that no notification in terms of paragraph (1) is required; or

(c) that the applicant has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of all the parties holding a notifiable interest in neighbouring land, and either–

(i) that the names and addresses of the parties holding a notifiable interest in neighbouring land have not been ascertained and no notice has been served in terms of paragraph (1); or

(ii) that notices have been served in terms of paragraph (1) on one or more of the parties holding a notifiable interest in neighbouring land but that the names and addresses of the other parties holding a notifiable interest have not been ascertained.

(4) The certificate under paragraph (3) shall, where appropriate, state the names and addresses of all those parties having a notifiable interest in neighbouring land who have been notified in terms of paragraph (1).

(5) When a statement such as is referred to in paragraph (1) is submitted, the relevant planning authority or the Scottish Ministers, as the case may be, shall publish as soon as possible a notice (containing similar information to that required to be included in a notice served in accordance with paragraph (1)) in a newspaper circulating in the locality in which the neighbouring land is situated and in The Edinburgh Gazette.

(6) Where the Scottish Ministers or the planning authority are required to publish a notice in a newspaper in accordance with paragraph (5), the applicant shall pay the cost to be incurred by the Scottish Ministers or the planning authority in arranging such advertisement at the time of submitting his statement.

(7) For the purposes of this regulation, “neighbouring land” has the same meaning as in article 2(1) of the general development order.