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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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Regulation 4(2)

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

1.    Characteristics of scheme

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

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(1) and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(2);

(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.

3.    Characteristics of the potential impact

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.

Regulation 6(3)

SCHEDULE 2CONTENT OF AN ENVIRONMENTAL STATEMENT

PART I

1.  A description of the scheme comprising information on the site, design and size of the scheme.

2.  A description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects.

3.  The data required to identify and assess the main effects which the scheme is likely to have on the environment.

4.  The main alternatives studied by the local authority and the main reasons for its choice, taking into account the environmental effects.

5.  A non-technical summary of the information provided under paragraphs 1 to 4 of this Part.

PART II

1.  A description of the scheme, including in particular—

(a)a description of the physical characteristics of the whole scheme and the land-use requirements during the construction and operational phases;

(b)a description of the main characteristics of the production processes, for instance, the nature and quality of the materials used;

(c)an estimate, by type and quantity, of expected residues and emissions (water, air and soil pollution, noise, vibration, light, heat, etc.) resulting from the operation of the proposed scheme.

2.  A description of the aspects of the environment likely to be significantly affected by the scheme, including, in particular, population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage, landscape and the inter-relationship between the above factors.

3.  A description of the likely significant effects of the scheme on the environment, which should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the scheme, resulting from—

(a)the existence of the scheme;

(b)the use of natural resources;

(c)the emission of pollutants, the creation of nuisances and the elimination of waste,

and the description by the local authority of the forecasting methods used to assess the effects on the environment.

4.  A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.

5.  A non-technical summary of the information provided under paragraphs 1 to 4 of this Part.

6.  An indication of any difficulties (such as technical deficiencies or lack of know-how) encountered by the local authority in compiling the required information.

(1)

O.J. L 20, 26.01.10, p.7.

(2)

O.J. L 206, 22.7.1992, p.7.

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