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The Environmental Impact Assessment (Scotland) Amendment Regulations 2007

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Prohibition on granting application for multi-stage consent without consideration of environmental information

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4.  After regulation 3 (prohibition on granting planning permission without consideration of environmental information) insert–

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

3A.(1) The relevant 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 relevant planning authority or the Scottish Ministers may, having regard to the environmental information, impose conditions in relation to the project (whether in relation to matters arising from the application for multi-stage consent or from the outline planning permission in respect of which such application is made) for the purpose of avoiding, reducing or offsetting the effect of the project on the environment.

(3) For the purposes of paragraphs (1) and (2), “environmental information” shall in addition to any environmental information previously provided in respect of the project include–

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

(b)any supplementary information and any further information and any other 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 project..

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