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

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PART IIENVIRONMENTAL IMPACT ASSESSMENT

Restriction on confirmation of flood protection schemes

3.  A proposed flood protection scheme may not be confirmed under paragraph 4, 7 or 9 of schedule 2 to the Act unless the local authority proposing the scheme and, where relevant, the Scottish Ministers, have complied with the relevant requirements of these Regulations in relation to that scheme.

Duty to consider environmental impact of a proposed flood protection scheme

4.—(1) Prior to—

(a)giving notice of a proposed flood protection scheme under paragraph 1 of schedule 2 to the Act;

(b)confirming a proposed flood protection scheme with modifications under paragraph 9(1)(b) of schedule 2 to the Act; and

(c)submitting further details of scheme operations for approval in compliance with a condition of deemed planning permission granted under section 57(2B) of the Town and Country Planning (Scotland) Act 1997(1),

a local authority must, at each stage, consider whether the scheme as proposed at that stage is likely to have a significant effect on the environment.

(2) In considering whether a scheme is likely to have a significant effect on the environment, it shall take account of the criteria in Schedule 1.

Screening opinions

5.—(1) Where, at any of the stages referred to in regulation 4(1), a local authority considers that a proposed flood protection scheme is not likely to have a significant effect on the environment, it shall request a screening opinion from each of the consultative bodies.

(2) A request for a screening opinion must be accompanied by—

(a)a plan sufficient to identify the site which is the subject of the proposed scheme and any land that may be affected by it or over which access may be required;

(b)a brief description of the nature and purpose of the proposed scheme and of its possible effects on the environment;

(c)where it is proposed that the scheme be confirmed with modifications, a summary of the modifications; and

(d)where further details of scheme operations are to be submitted for approval in compliance with a condition of deemed planning permission, a summary of the further details.

(3) A request for a screening opinion may be accompanied by such further information or representations as the local authority may wish to provide or make.

(4) Within three weeks of receiving a request for a screening opinion, a consultative body must, if it considers that it has not been provided with sufficient information to give an opinion, give notice to the local authority of the particular points on which it requires further information, and the local authority must provide such further information as it is reasonably able to provide.

(5) When a consultative body considers that it has sufficient information it must give a screening opinion within three weeks of whichever is the later of—

(a)the date of receipt of the request for a screening opinion; and

(b)the date by which it has received the further information referred to in paragraph (4).

(6) Where a consultative body concludes that the proposed scheme is likely to have a significant effect on the environment, it must provide with its screening opinion a written statement giving full reasons for its conclusion.

Environmental statements

6.—(1) Where—

(a)a local authority considers under regulation 4 that a proposed flood protection scheme is likely to have a significant effect on the environment; or

(b)a consultative body has concluded in a screening opinion under regulation 5 that a proposed flood protection scheme is likely to have a significant effect on the environment,

the local authority must prepare an environmental statement in accordance with paragraph (2).

(2) An environmental statement must identify, describe and assess the direct and indirect effects of the proposed scheme on the following factors—

(a)human beings, flora and fauna;

(b)soil, water, air, climate and the landscape;

(c)material assets, including architectural and archaeological heritage; and

(d)the interaction between the factors mentioned in sub-paragraphs (a) to (c).

(3) An environmental statement must include—

(a)the information referred to in Part I of Schedule 2; and

(b)such of the information referred to in Part II of Schedule 2 as is reasonably required to assess the environmental effects of the proposed scheme and which, having regard in particular to current knowledge and methods of assessment, the local authority can reasonably be required to compile.

(4) Where a local authority is obliged by paragraph (1) to prepare an environmental statement in respect of—

(a)a flood protection scheme that it proposes to confirm with modifications under paragraph 9(1)(b) of schedule 2 to the Act; or

(b)a flood protection scheme for which it has been requested to submit further details as a condition of deemed planning permission under section 57(2B) of the Town and Country Planning (Scotland) Act 1997,

and an environmental statement has already been prepared in respect of the scheme, it may comply with paragraph (1) by updating the existing environmental statement to take account of the modifications to, or further details of, the scheme.

Notification of a scheme with an environmental statement

7.—(1) This regulation applies where—

(a)a local authority has prepared an environmental statement relating to a proposed flood protection scheme, and

(b)it has not previously given notice of the proposed scheme.

(2) The local authority must—

(a)give notice of the proposed scheme in accordance with paragraphs 1(1), (2) and (4) of schedule 2 to the Act; and

(b)make a copy of the environmental statement available for public inspection alongside the scheme documents that are made available in accordance with paragraph 2 of schedule 2 to the Act.

(3) A notice under paragraph (2)(a) must, in addition to the information required by paragraph 1(3) of schedule 2 to the Act, include a statement—

(a)that the scheme is likely to have a significant effect on the environment;

(b)that the scheme documents are accompanied by an environmental statement which is available for public inspection;

(c)describing the circumstances under the Act in which the Scottish Ministers may cause a public inquiry into the application; and

(d)setting out the nature of possible decisions that may be taken in relation to the scheme.

(4) The local authority must supply a copy of the scheme documents and the environmental statement to the consultative bodies no later than the date that the notice referred to in paragraph (2)(a) is given.

Confirmation of modifications to a scheme with an environmental statement

8.—(1) This regulation applies where—

(a)a local authority or the Scottish Ministers intend to confirm a proposed flood protection scheme with modifications under paragraph 7(4)(b) or 9(1)(b) of schedule 2 to the Act; and

(b)an environmental statement has been prepared in respect of the modified scheme.

(2) The local authority must—

(a)give notice of the modified scheme in accordance with paragraphs 1(1), (2) and (4) of schedule 2 to the Act; and

(b)make a copy of the scheme documents and the environmental statement available for public inspection in accordance with paragraph 2 of schedule 2 to the Act.

(3) A notice under paragraph (2)(a) must—

(a)comply with paragraph 1(3) of schedule 2 to the Act; and

(b)contain a statement—

(i)that the proposed scheme has been modified;

(ii)describing the modifications;

(iii)explaining the reasons for the modifications;

(iv)that the modified scheme is likely to have a significant effect on the environment;

(v)that the scheme documents are accompanied by an environmental statement which is available for public inspection;

(vi)describing the circumstances under the Act in which the Scottish Ministers may cause a public inquiry into the application; and

(vii)setting out the nature of possible decisions that may be taken in relation to the modified scheme.

(4) Subject to paragraph (5), paragraph 3 of schedule 2 to the Act applies to objections to a modified scheme as it applies to objections to a proposed flood protection scheme.

(5) An objection to a modified scheme is valid if it—

(a)is made in writing;

(b)sets out the name and address of the objector; and

(c)is made before the expiry of the period of 28 days beginning with the date notice of the modified scheme is first published under paragraph 1(1)(a) of schedule 2 to the Act.

(6) Neither the local authority nor the Scottish Ministers may confirm a modified scheme in respect of which an environmental statement has been prepared unless at least 28 days have elapsed since the date notice of the modified scheme is first published under paragraph 1(1)(a) of schedule 2 to the Act.

Submission of further details of a scheme with an environmental statement

9.—(1) This regulation applies where—

(a)in accordance with section 57(2B) of the Town and Country Planning (Scotland) Act 1997, the Scottish Ministers direct that planning permission shall be deemed to be granted in respect of operations to be carried out under a flood protection scheme;

(b)the Scottish Ministers impose a condition in their direction requiring the local authority to submit further details of the scheme for approval (whether by the Scottish Ministers or a planning authority); and

(c)an environmental statement has been prepared in respect of the further details of the scheme.

(2) Where this regulation applies, the local authority must—

(a)give notice of the further details of the scheme in the manner and to the persons referred to in paragraph 1(1), (2) and (4) of schedule 2 to the Act; and

(b)make a copy of the scheme documents and the environmental statement available for public inspection in accordance with paragraph 2 of schedule 2 to the Act.

(3) A notice under paragraph (2)(a) must—

(a)comply with paragraph 1(3) of schedule 2 to the Act; and

(b)contain a statement—

(i)that the scheme is likely to have a significant effect on the environment;

(ii)that the scheme documents are accompanied by an environmental statement which is available for public inspection;

(iii)setting out the nature of possible decisions that may be taken in relation to the scheme;

(iv)that further details of the scheme operations have been submitted for approval in compliance with a condition of deemed planning permission granted under section 57(2B) of the Town and Country Planning (Scotland) Act 1997; and

(v)describing the further details so submitted.

(4) Subject to paragraph (5), paragraph 3 of schedule 2 to the Act applies to objections to the further details as it applies to objections to a proposed flood protection scheme.

(5) An objection to further details of a proposed flood protection scheme is valid if it—

(a)is made in writing;

(b)sets out the name and address of the objector; and

(c)is made before the expiry of the period of 28 days beginning with the date notice of the further details of the scheme are first published under paragraph 1(1)(a) of schedule 2 to the Act.

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).

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