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

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PART 3PROCEDURES CONCERNING APPLICATIONS FOR PLANNING PERMISSION

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

11.—(1) This regulation applies where it appears to the planning authority that—

(a)an application for planning permission which is—

(i)before them for determination is a Schedule 1 application or Schedule 2 application; or

(ii)subject to review under section 43A(8) (right to require review of planning decisions and failure to take such decisions) is a Schedule 2 application;

(b)the development in question has not been the subject of a screening opinion or screening direction; and

(c)the application is not accompanied by an EIA report.

(2) Where this regulation applies the planning authority must, unless a screening direction is made by the Scottish Ministers, adopt a screening opinion in respect of the proposed development to which the application for planning permission relates.

(3) If it appears to the planning authority that the application for planning permission is a Schedule 2 application but the planning authority do not consider that the information submitted by the developer in connection with the application for planning permission includes all the information referred to in regulation 8(2), the planning authority must seek from the developer such information as they consider remains to be provided by giving notice to the developer describing that information.

(4) The provisions of regulation 9(1) to (6) apply in relation to the adoption of a screening opinion under paragraph (2) as they apply following a request made under regulation 8(1) as if—

(a)the making of the application for planning permission or the request for review, as the case may be, were a request made under regulation 8(1);

(b)references to date of receipt of the request were references to the relevant date.

(5) For the purposes of paragraph (4) the relevant date is the later of—

(a)the date on which, as the case may be—

(i)the application for planning permission is taken to have been made in terms of regulation 14 of the Development Management Procedure Regulations; or

(ii)the request for review is made in respect of the application for planning permission; or

(b)where notice is given to the developer under paragraph (3), the date on which the last of the items or information sought by such notice is received by the planning authority.

EIA application made to a planning authority without an EIA report

12.—(1) This regulation applies where an EIA application which is before a planning authority for determination is not accompanied by an EIA report.

(2) Where this regulation applies the planning authority must notify the developer in writing that the submission of an EIA report is required.

(3) Notice under paragraph (2) must be given—

(a)within the period of 21 days beginning with the date on which the application is made; or

(b)where—

(i)the planning authority adopt a screening opinion after the date on which the application is made, within seven days beginning with the date of adoption of that screening opinion; or

(ii)the Scottish Ministers make a screening direction to the effect that the development is EIA development (and no notice under paragraph (2) has yet been given), within seven days beginning with the date on which the planning authority receive a copy of that screening direction.

(4) A developer who receives notice under paragraph (2) may, within the period of 21 days beginning with the date of the notice, write to the planning authority stating that the developer—

(a)accepts their view and is providing an EIA report; or

(b)is writing to the Scottish Ministers to request a screening direction.

(5) If the developer does not write to the planning authority in accordance with paragraph (4) within the 21 day period, the application will, unless the Scottish Ministers have made a screening direction to the effect that the development is not EIA development, be deemed to be refused at the end of that period and the deemed refusal will not give rise to—

(a)an appeal to the Scottish Ministers by virtue of section 47 (right to appeal against planning decisions and failure to take such decisions); or

(b)review by virtue of section 43A(8) (right to require review of planning decisions and failure to take such decisions).

(6) A planning authority which has given notice in accordance with paragraph (2) are, unless the Scottish Ministers make a screening direction to the effect that the development is not EIA development, to determine the application only by refusing the application if the developer does not submit an EIA report.

(7) A developer who requests a screening direction pursuant to paragraph (4)(b) must send to the Scottish Ministers with that request copies of—

(a)the application for planning permission;

(b)all documents sent to the planning authority as part of the application;

(c)all correspondence between the developer and the planning authority relating to the proposed development; and

(d)any representations which the developer wishes to make.

(8) The provisions of regulation 10(2) to (7) apply to a request made pursuant to paragraph (4)(b) as they apply to a request made pursuant to regulation 9(5) as if the reference in regulation 10(7) to paragraph (1)(a) to (c) were a reference to paragraph (7)(a) to (c) of this regulation.

Application or Appeal to the Scottish Ministers without prior screening

13.—(1) This regulation applies where it appears to the Scottish Ministers that—

(a)an application for planning permission which is before them for determination by virtue of—

(i)a direction under section 46 (call-in of applications by the Scottish Ministers); or

(ii)an appeal under section 47 (right to appeal against planning decisions and failure to take such decisions),

is a Schedule 1 application or a Schedule 2 application;

(b)the development in question has not been the subject of a screening opinion or screening direction; and

(c)the application is not accompanied by an EIA report.

(2) Where this regulation applies the Scottish Ministers must make a screening direction in respect of the proposed development to which the application for planning permission relates.

(3) If it appears to the Scottish Ministers that the application for planning permission is a Schedule 2 application but the Scottish Ministers do not consider that the information submitted by the developer in connection with the application for planning permission includes all the information referred to in regulation 8(2), the Scottish Ministers must seek from the developer such information as they consider remains to be provided by giving notice to the developer describing that information.

(4) The provisions of regulation 10(3)(b) and (4) to (6) apply in relation to the making of such a screening direction as they apply following a request made under regulation 9(5) as if references in regulation 10(4) and (5) to the date of receipt of the request were references to the relevant date.

(5) For the purposes of paragraph (4) the relevant date is the later of—

(a)the date on which, as the case may be—

(i)the application for planning permission is referred to the Scottish Ministers under section 46; or

(ii)the appeal is made in respect of the application for planning permission; or

(b)where notice is given to the developer under paragraph (3), the date on which the last of the items or information sought by such notice is received by the Scottish Ministers.

EIA application referred to the Scottish Ministers without an EIA report

14.—(1) This regulation applies where an application which has been referred to the Scottish Ministers for determination is an EIA application and is not accompanied by an EIA report

(2) Where this regulation applies the Scottish Ministers must notify the developer in writing that the submission of an EIA report is required and must send a copy of that notification to the planning authority.

(3) The Scottish Ministers must notify the developer in accordance with paragraph (2) within the period of 21 days beginning with the date they received the application or such longer period as they may reasonably require.

(4) A developer who receives notice under paragraph (2) may within the period of 21 days beginning with the date of the notice write to the Scottish Ministers stating that an EIA report will be provided and may request the Scottish Ministers to make a scoping direction.

(5) If the developer does not write in accordance with paragraph (4), the Scottish Ministers are under no duty to deal with the application, and at the end of the 21 day period the Scottish Ministers must inform the developer in writing that no further action is being taken on the application.

(6) Where the Scottish Ministers have given notice under paragraph (2), they are to determine the application only by refusing planning permission if the developer does not submit an EIA report.

Appeal to the Scottish Ministers without an EIA report

15.—(1) This regulation applies where an application for planning permission to which an appeal under section 47 relates is an EIA application and is not accompanied by an EIA report.

(2) Where this regulation applies the Scottish Ministers must notify the developer in writing that the submission of an EIA report is required and send a copy of that notification to the planning authority.

(3) A developer who receives notice under paragraph (2) may within the period of 21 days beginning with the date of the notice write to the Scottish Ministers stating that an EIA report will be provided and may request the Scottish Ministers to make a scoping direction.

(4) If the developer does not write in accordance with paragraph (3), the Scottish Ministers are under no duty to deal with the appeal and at the end of the 21 day period they must inform the developer that no further action is being taken on the appeal.

(5) Where the Scottish Ministers have given notice under paragraph (2), they are to determine the appeal only by refusing planning permission if the developer does not submit an EIA report.

Review by the planning authority of an application without an EIA report

16.—(1) This regulation applies where an application for planning permission under review by virtue of section 43A(8) is an EIA application and is not accompanied by an EIA report.

(2) Where this regulation applies the planning authority must notify the developer in writing that the submission of an EIA report is required.

(3) A developer receiving a notification pursuant to paragraph (2) may, within the period of 21 days beginning with the date of the notification, write to the planning authority stating that the developer—

(a)accepts their view and is providing an EIA report; or

(b)is writing to the Scottish Ministers to request a screening direction.

(4) If the developer does not write to the planning authority in accordance with paragraph (3), the application for planning permission will, unless the Scottish Ministers have made a screening direction to the effect that the development is not EIA development, be deemed to be refused at the end of the 21 day period, and the deemed refusal will not give rise to an appeal to the Scottish Ministers by virtue of section 47 (right to appeal against planning decisions and failure to take such decisions).

(5) A planning authority which has given a notification in accordance with paragraph (2) are to, unless the Scottish Ministers make a screening direction to the effect that the development is not EIA development, determine the application for planning permission only by refusing the application if the developer does not submit an EIA report.

(6) A developer who requests a screening direction pursuant to paragraph (3)(b) must send to the Scottish Ministers with that request copies of—

(a)the application for planning permission;

(b)all documents sent to the planning authority as part of the application;

(c)all correspondence between the developer and the planning authority relating to the proposed development; and

(d)any representations which the developer wishes to make.

(7) The provisions of regulation 10(2) to (7) apply to a request made pursuant to paragraph (3)(b) as they apply to a request made pursuant to regulation 9(5) as if the reference in regulation 10(7) to paragraph (1)(a) to (c) were a reference to paragraph (6)(a) to (c) of this regulation.

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