The Environmental Impact Assessment (Scotland) Amendment Regulations 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations are made under section 2(2) of the European Communities Act 1972. They amend the Environmental Impact Assessment (Scotland) Regulations 1999 (“the 1999 Regulations”). The Regulations implement, in Scotland, Council Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (O.J. No. L 175, 5.7.1985, p.40), as amended by Council Directive 97/11/EC (O.J. No. L 73, 14.3.1997, p.5) and Council Directive 2003/35/EC (O.J. L 156, 25.6.03, p.17) in relation to applications for the approval of reserved matters made in connection with the grant of outline planning permission.

Regulation 3 introduces new definitions into and amends existing definitions in the 1999 Regulations. In particular regulations 3(3) and (4) amend the definition of “any other information” and “environmental information” to include a reference to a revised or updated environmental statement.

Regulation 4 introduces new regulation 3A into the 1999 Regulations. New regulation 3A(1) requires a planning authority or the Scottish Ministers to take environmental information into account before granting an application for multi-stage consent. An application for multi-stage consent is an application for approval of reserved matters. New regulation 3A(2) enables a planning authority or the Scottish Ministers when granting an application for multi-stage consent to impose conditions which relate to the project as a whole and not solely to the matters arising from the application. A definition of “project” is introduced by regulation 3(2).

Regulation 5 introduces a new paragraph (6) into regulation 9 of the 1999 Regulations. New regulation 21D which forms part of the new Chapter 6A introduced into the 1999 Regulations by regulation 7, makes provision in relation to appeals to the Scottish Ministers under section 47 of the Town and Country Planning (Scotland) Act 1997 (c. 8). New paragraph (6) disapplies regulation 9 which has more general application in relation to appeals under section 47 where specific provision is made in new regulation 21D.

Regulation 6 amends regulation 20(1)(g) of the 1999 Regulations to provide that a copy of any relevant supplementary information is placed on the planning register by the planning authority. “Supplementary information” is described in new regulation 21E(4).

Regulation 7 introduces new Chapter 6A into the 1999 Regulations. New Chapter 6A makes detailed provision relating to applications for multi-stage consent which essentially mirror the provisions in the 1999 Regulations relating to applications for the grant of planning permission. New regulation 21A enables a person who is minded to make an application for multi-stage consent to request the planning authority to adopt a screening opinion under regulation 5 of the 1999 Regulations or to request the Scottish Ministers to make a screening direction under regulation 6 in relation to the project. New regulations 21B, 21C and 21D respectively make equivalent provisions for applications for multi-stage consent as regulations 7, 8 and 9 of the 1999 Regulations make in respect of applications for planning permission.

New regulation 21B requires the planning authority when considering an application for multi-stage consent to adopt a screening opinion in respect of the project if it appears to them to relate to an outline planning permission for Schedule 1 or Schedule 2 development and no environmental statement is submitted with the application if, either the project to which the application relates has not previously been the subject of a screening opinion or direction or, if it has been, such opinion or direction is to the effect that the project is not EIA development. New regulations 21B(4) and (5) provide that a screening opinion or direction under this regulation is to supersede an earlier opinion or direction. New regulation 21B(6) applies, with modifications regulations 7(2) to (7) where the planning authority adopt a screening opinion to the effect that the project in question is EIA development. The planning authority is thus obliged to require the

applicant for multi-stage consent to submit an environmental statement and the applicant may challenge this in accordance with the terms of regulation 7(4) to (7).

New regulations 21C and 21D, respectively, require the Scottish Ministers when considering an application for multi-stage consent referred to them for determination or which is the subject of an appeal under section 47 to make a screening direction in respect of the project if it appears to them to relate to an outline planning permission for Schedule 1 or Schedule 2 development and no environmental statement is submitted with the application if, either the project to which the application relates has not previously been the subject of a screening opinion or direction or, if it has been, such opinion or direction is to the effect that the project is not EIA development. New regulations 21C(4) and 21D(4) provide that a screening direction under these regulations is to supersede an earlier direction. New regulation 21C(6) applies, with modifications regulations 8(2) to (6) and new regulation 21D(5) applies, with modifications, regulations 9(2) to 9(5) where the Scottish Ministers make a screening direction to the effect that the project in question is EIA development. The Scottish Ministers are then obliged to require the applicant to submit an environmental statement.

New regulation 21E applies where an environmental statement has already been submitted in connection with the project. This regulation operates both to permit an applicant, or as the case may be appellant, to provide an updated or revised environmental statement and to enable, or in the circumstances set out in paragraphs (a) and (b) or paragraph (4) oblige, the planning authority or Scottish Ministers to require more information.

New regulation 21F applies regulation 10 (scoping opinions of the planning authority) and regulation 11 (scoping directions of the Scottish Ministers) with modifications to circumstances where a person is minded to make an application for multi-stage consent in respect of EIA development. New regulation 21G applies regulation 12 (procedure to facilitate preparation of environmental statements) with modifications to the circumstances where a person intends to submit an environmental statement in connection with an application for multi-stage consent. New regulation 21H applies Part 2 of the 1997 Regulations, with modifications set out in paragraphs (a) to (j), in circumstances where an environmental statement is submitted in connection with an application for multi-stage consent.

Regulation 8 inserts a new Schedule 6A into the 1999 Regulations.