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The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011

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Applications for permission under section 242A

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34.—(1) These Regulations apply to an application made (or to be made) to the Scottish Ministers under section 242A(1) (urgent Crown development) subject to the following modifications.

(2) References to “planning authority” are to be treated as references to “the planning authority or the Scottish Ministers, as appropriate”.

(3) Regulations 6(6) and (7), 9(3)(b), 14(7) and (8) and 19(1)(a) do not apply.

(4) In regulation 5 for paragraph (12) substitute—

(12) The Scottish Ministers must send a copy of any screening direction to the planning authority for the area to which the application relates..

(5) In regulation 19—

(a)in paragraph (1)(b) for “the Scottish Ministers” substitute “the planning authority for the area to which the application relates”;

(b)after paragraph (1) insert—

(1A) Where a planning authority receive a copy of the application and other documents referred to in paragraph (1)(b), they must place a copy of the relevant statement together with a copy of the related application for public inspection at all reasonable hours in the place where the register is kept..

(6) For regulation 25—

Availability of opinions, directions, etc. for inspection

25.(1) Where the Scottish Ministers—

(a)adopt a screening opinion or scoping opinion in relation to an application which may be made under section 242A;

(b)receive a request under regulation 14(1); or

(c)make a screening direction, scoping direction or direction under regulation 5(4),

before the application is made for the development in question, the Scottish Ministers must send a copy of the opinion, request or direction to the planning authority for the area to which the application relates.

(2) Where the planning authority receive copies of an opinion, request or direction under paragraph (1) they must take steps to secure that the documents are made available for public inspection at all reasonable hours at an office of the planning authority where the register may be inspected.

(3) Documents made available under paragraph (2) must remain so available for a period of two years..

(7) In regulation 26—

(a)for paragraph (1) substitute—

(1) Where an EIA application is determined or a draft decision is issued by the Scottish Ministers they must—

(a)notify the planning authority for the area to which the application relates and the bodies consulted of the decision;

(b)provide the planning authority with a statement containing—

(i)the content of the decision and any conditions attached thereto;

(ii)the main reasons and considerations on which the decision is based including, if relevant, information about the participation of the public;

(iii)a description, where necessary, of the main measures to avoid, reduce and if possible, offset the major adverse effects of the development; and

(iv)information regarding the right to challenge the validity of the decision and the procedures for doing so.;

(b)for paragraph (2) substitute—

(2) The planning authority must, as soon as reasonably practicable after receipt of a notification under paragraph (1)(a)—

(a)make available for public inspection at an office of the planning authority where the register may be inspected a copy of the statement referred to in paragraph (1)(b); and

(b)inform the public of the decision (and of where the statement referred to in paragraph (1)(b) may be inspected), by publishing in a newspaper circulating in the locality in which the land is situated or by other such means as are reasonable in the circumstances.; and

(c)paragraph (3) is omitted.

(8) Regulation 29 applies to the determination of an application for multi-stage consent by the Scottish Ministers relating to a grant of planning permission under section 242A as it applies to the determination of an application for multi-stage consent referred to them.

(1)

Section 242A was inserted into the Town and Country Planning (Scotland) Act 1997 (c.8) by section 92(1) of the Planning and Compulsory Purchase Act 2004 (c.5).

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