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

Regulation 4(2)

SCHEDULE 1 S MATTERS TO BE TAKEN INTO ACCOUNT UNDER REGULATION 4(2)

1. Characteristics of scheme S

The characteristics of the scheme must be considered, having regard, in particular, to—

(a) the size of the scheme;

(b) the cumulation with other schemes;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances; and

(f) the risk of accidents, having regard in particular to substances or technologies used.

2. Location of scheme S

The environmental sensitivity of geographical areas likely to be affected by the scheme must be considered, having regard, in particular, to–

(a) the existing land use;

(b) the relative abundance, quality and regenerative capacity of natural resources in the area; and

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under legislation;

(vi) special protection areas designated pursuant to Council Directive 2009/147/EC on the conservation of wild birds M1 and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora M2 ;

(vii) areas in which the environmental quality standards laid down in Community legislation have already been exceeded;

(viii) densely populated areas; and

(ix) landscapes of historical, cultural and archaeological significance.

Marginal Citations

M1 O.J. L 20, 26.01.10, p.7.

M2 O.J. L 206, 22.7.1992, p.7.

3. Characteristics of the potential impact S

The potential significant effects of development must be considered in relation to criteria set out under paragraphs 1 and 2 above, and having regard, in particular, to—

(a) the extent of the impact (geographical area and size of the affected population);

(b) the transfrontier nature of the impact;

(c) the magnitude and complexity of the impact;

(d) the probability of the impact; and

(e) the duration, frequency and reversibility of the impact.