Search Legislation

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

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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

This section has no associated Policy Notes

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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Policy Note

Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources