PART 11MISCELLANEOUS
Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 199247
1
Article 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 199225 is amended in accordance with paragraphs (2) to (5).
2
In paragraph (8)—
a
for “the Environmental Impact Assessment (Scotland) Regulations 1999” substitute “the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011”; and
b
after “EIA development” where it occurs in sub-paragraphs (a) and (b) insert “within the meaning of those Regulations”.
3
In paragraphs (8) and (9)—
a
for “regulation 5” substitute “regulation 6”;
b
for “regulation 4(7) or 6(4)” substitute “regulation 5(10) or 7(4)”; and
c
for “regulation 4(4)” substitute “regulation 5(4)”.
4
After paragraph (8) insert—
8A
Where it appears to the planning authority that—
a
an application under this Order for a determination as to whether prior approval of the planning authority will be required in respect of any matter, or an application for prior approval of any matter, relates to Schedule 1 development within the meaning of the EIA Regulations; and
b
the development—
i
has not been the subject of a screening opinion under regulation 6 of those Regulations or a screening direction under regulation 5(10) or 7(4) of those Regulations; or
ii
has been the subject of such a screening opinion or direction to the effect that it is not EIA development within the meaning of those Regulations,
the planning authority must adopt a screening opinion under regulation 6 of those Regulations in respect of the development to which the application relates.
8B
Where it appears to the planning authority that—
a
an application under this Order for a determination as to whether prior approval of the planning authority will be required in respect of any matter, or an application for prior approval of any matter, relates to Schedule 2 development within the meaning of the EIA Regulations; and
b
the development may have significant effects on the environment that have not previously been identified (whether in an earlier screening opinion under regulation 6 of those Regulations or a screening direction under regulation 5(10) or 7(4) of those Regulations, or because the development has not been the subject of such a screening opinion or direction),
the planning authority must adopt a screening opinion under regulation 6 of those Regulations in respect of the development to which the application relates.
8C
A screening opinion adopted under regulation 6 of the EIA Regulations in pursuance of paragraph (8A) or (8B) supersedes the terms of an earlier screening opinion or direction in relation to the development.
5
In paragraph (10) for “Paragraph (8) does” substitute “Paragraphs (8), (8A) and (8B) do”.