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The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017

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  1. Introductory Text

  2. PART 1

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Prohibition on granting planning permission without an environmental impact assessment

    4. 4.Environmental impact assessment

    5. 5.Environmental Impact Assessment Report

  3. PART 2

    1. 6.EIA Development

    2. 7.General provisions relating to screening

    3. 8.Requests for screening opinion of the planning authority

    4. 9.Screening opinions – time period for decision

    5. 10.Requests for screening directions of the Scottish Ministers

  4. PART 3

    1. 11.Application or request to review made to a planning authority without prior screening

    2. 12.EIA application made to a planning authority without an EIA report

    3. 13.Application or Appeal to the Scottish Ministers without prior screening

    4. 14.EIA application referred to the Scottish Ministers without an EIA report

    5. 15.Appeal to the Scottish Ministers without an EIA report

    6. 16.Review by the planning authority of an application without an EIA report

  5. PART 4

    1. 17.Scoping opinions of the planning authority

    2. 18.Scoping directions of the Scottish Ministers

    3. 19.Procedure to facilitate preparation of EIA reports

  6. PART 5

    1. 20.Notification of EIA report

    2. 21.Publication of EIA report

    3. 22.Consultation where EIA report received by planning authority

    4. 23.Copy of EIA report for the Scottish Ministers

    5. 24.Consultation where EIA report received by the Scottish Ministers

    6. 25.Availability of copies of EIA report

  7. PART 6

    1. 26.Supplementary information and evidence relating to EIA reports

    2. 27.Publication of additional information

  8. PART 7 ETC.

    1. 28.Availability of opinions, directions etc. for inspection

    2. 29.Decision notice

    3. 30.Monitoring measures

    4. 31.Notification of decision

  9. PART 8

    1. 32.Prohibition on granting an application for multi-stage consent without an environmental impact assessment

    2. 33.Application for multi-stage consent where EIA report previously provided

    3. 34.Application for multi-stage consent without EIA report

    4. 35.Application for multi-stage consent referred or appealed to the Scottish Ministers without an EIA report

    5. 36.Modification of regulations relating to application for multi-stage consent

  10. PART 9

    1. 37.Simplified planning zone schemes or enterprise zone orders

    2. 38.ROMP applications

    3. 39.Applications for permission under section 242A

    4. 40.Marine fish farming

  11. PART 10

    1. 41.Development in Scotland likely to have significant effects in an EEA State other than the United Kingdom

    2. 42.Projects in another EEA State likely to have significant transboundary effects

  12. PART 11

    1. 43.Electronic communications – general

    2. 44.Electronic communications – deemed agreement

    3. 45.Withdrawal of consent to use of electronic communications

    4. 46.Service of notices etc.

    5. 47.Application to Court of Session

    6. 48.Hazardous waste and material change of use

    7. 49.Extension of the period for an authority’s decision on a planning application

    8. 50.Directions as to whether development is EIA development

    9. 51.Access to review procedure before a court

    10. 52.Competent authority – avoidance of conflict of interest

    11. 53.Co-ordination of assessments

    12. 54.Offences

    13. 55.Offences by bodies corporate etc.

  13. PART 12

    1. 56.Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992

    2. 57.Amendment of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013

    3. 58.Amendment of the Town and Country Planning (Appeals) (Scotland) Regulations 2013

    4. 59.Amendment of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013

    5. 60.Revocations and transitional provisions

  14. Signature

    1. SCHEDULE 1

      DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”

      1. Interpretation

      2. Descriptions of development

    2. SCHEDULE 2

      DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”

      1. 1.In the table below— “area of the works” includes any...

      2. 2.The table below sets out the descriptions of development and...

    3. SCHEDULE 3

      SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT

      1. 1.Characteristics of development

      2. 2.Location of development

      3. 3.Characteristics of the potential impact

    4. SCHEDULE 4

      INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

      1. 1.A description of the development, including in particular:

      2. 2.A description of the reasonable alternatives (for example in terms...

      3. 3.A description of the relevant aspects of the current state...

      4. 4.A description of the factors specified in regulation 4(3) likely...

      5. 5.A description of the likely significant effects of the development...

      6. 6.A description of the forecasting methods or evidence, used to...

      7. 7.A description of the measures envisaged to avoid, prevent, reduce...

      8. 8.A description of the expected significant adverse effects of the...

      9. 9.A non-technical summary of the information provided under paragraphs 1...

      10. 10.A reference list detailing the sources used for the descriptions...

    5. SCHEDULE 5

      FORM OF NOTICE UNDER REGULATION 20

    6. SCHEDULE 6

      REVOCATIONS

  15. Explanatory Note

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