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The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015

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Amendment of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011

This section has no associated Policy Notes

5.—(1) Subject to paragraph (11), the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011(1) are amended in accordance with paragraphs (2) to (10).

(2) In regulation 2(1) (interpretation)—

(a)in the definition of “the Development Management Procedure Regulations” for “2008” substitute “2013”(2);

(b)for the definition of “the Directive” substitute—

“the Directive” means Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment(3);;

(c)after the definition of “electronic communication” insert—

“environmental impact assessment” has the meaning given in regulation 3A;

(d)omit “and” following the definition of “screening opinion”; and

(e)in the definition of “sensitive area” for paragraph (a) substitute—

(a)site of special scientific interest;; and

(f)at the end of the definition of “sensitive area” insert—

; and

“site of special scientific interest” has the same meaning as in section 58(1) of the Nature Conservation (Scotland) Act 2004(4).

(3) For regulation 3 (prohibition on granting planning permission without consideration of environmental information) and the related cross heading, substitute—

Prohibition on granting planning permission without an environmental impact assessment

3.  The planning authority (or the Scottish Minsters, as the case may be), must not grant planning permission for EIA development unless an environmental impact assessment has been carried out in respect of that development and in carrying out such assessment the planning authority (or the Scottish Ministers, as the case may be), must take the environmental information into consideration.

Environmental impact assessment

3A.(1) An environmental impact assessment is a process consisting of—

(a)the preparation of an environmental statement by the applicant;

(a)the carrying out of consultation, publication and notification as required by Parts 5 and 6 and, where relevant, Part 10;

(c)the examination by the planning authority (or the Scottish ministers, as the case may be) of the information presented in the environmental statement and any other environmental information; and

(d)the reasoned conclusion by the planning authority (or the Scottish Ministers, as the case may be) on the significant effects of the development on the environment, taking into account the results of the examination referred to in sub-paragraph (c).

(2) The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of the circumstances relating to the proposed development, the direct and indirect effects of the proposed development on the factors specified in paragraph (3) and the interaction between those factors

(3) The factors are—

(a)human beings, fauna and flora;

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

(c)material assets and cultural heritage..

(4) For regulation 4(1) (consideration of environmental information when determining an application for multi-stage consent) substitute—

(1) The planning authority (or the Scottish Ministers, as the case may be) must not grant an application for multi-stage consent in respect of EIA development unless an environmental impact assessment has been carried out in respect of that development and in carrying out such assessment the planning authority (or the Scottish Ministers, as the case may be) must take the environmental information into consideration..

(5) In regulation 5(4) (general provisions relating to screening) for “Article 2(3)” substitute “Article 2(4)”.

(6) In regulation 34(7)(a) (applications for permission under section 242A) in paragraph (1)(b)(ii) of the modification of regulation 26 after “including” insert “reasoned conclusions regarding the significant effects of the development on the environment and”.

(7) In regulation 44 (extension of the period for an authority’s decision on a planning application)—

(a)for paragraph (1) substitute—

(1) In determining, for the purposes of the provisions specified in paragraph (1A), the time which has elapsed without the planning authority giving notice to the applicant of their decision in a case where—

(a)the planning authority have notified an applicant in accordance with regulation 9(1) that the submission of an environmental statement is required; and

(b)the Scottish Ministers have given a screening direction in relation to the development in question,

no account is to be taken of any period before the issue of the screening direction.

(1A) The provisions are—

(a)section 43A(8)(c) (right to require a review on failure to determine an application);

(b)section 47(2) (right to appeal against planning decisions and failure to take such decisions); and

(c)regulation 26(2) (time periods for decision) of the Development Management Procedure Regulations.; and

(b)for paragraph (2)(b) substitute—

(b)the reference to “validation date” is a reference to the later of—

(i)the date on which the application is taken to have been made in terms of regulation 14 of the Development Management Procedure Regulations; or

(ii)the date on which an environmental statement is submitted in respect of the application..

(8) In regulation 46 (access to review procedure before a court)—

(a)for “Article 10a(a)” substitute “Article 11(a)”; and

(b)for “Article 10a(b)” substitute “Article 11(b)”.

(9) In Schedule 3 (selection criteria for screening schedule 2 development) in paragraph 2(c)(v) after “birds” insert “, Directive 2009/147/EC of the European Parliament and of the Council on the conservation of wild birds(5)”.

(10) In Schedule 5 (form of notice under regulation 17), in both places where it occurs, for “2008” substitute “2013”.

(11) The provisions of regulation 44(1A)(a) and (c) of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (inserted by paragraph (7)(a)) do not apply in respect of—

(a)an application for planning permission; or

(b)an application for multi-stage consent (as defined in regulation 2(1) of those Regulations),

made before 14th September 2015.

(3)

OJ L 26, 28.1.2012, p.1.

(4)

2004 asp 6. Section 58(1) was relevantly amended by section 37(4)(a) of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6).

(5)

OJ L 20, 26.1.2010, p.7.

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