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

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Application for multi-stage consent where EIA report previously provided

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33.—(1) This regulation applies in relation to the consideration—

(a)by the planning authority of—

(i)an application for multi-stage consent; or

(ii)a review in respect of an application for multi-stage consent under section 43A(8) (right to require review of planning decisions and failure to take such decisions); and

(b)by the Scottish Ministers of—

(i)an application for multi-stage consent referred to them under section 46 (call-in of applications by the Scottish Ministers); or

(ii)an appeal in respect of an application for multi-stage consent under section 47 (right to appeal against planning decisions and failure to take such decisions),

where an EIA report has previously been submitted by the developer in relation to the development.

(2) Where this regulation applies—

(a)if it appears to the planning authority or Scottish Ministers, as the case may be, that the development, or the part of the development to which the application for multi-stage consent relates may have significant effects on the environment that have not previously been identified and assessed; and

(b)the developer has not submitted additional information in respect of those effects together with the application for multi-stage consent,

the planning authority or the Scottish Ministers, as the case may be, must seek supplementary information from the developer in accordance with regulation 26(2) in respect of such effects.

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