The Environmental Impact Assessment (Scotland) Regulations 1999

CHAPTER 8 SPECIAL CASES

Restriction of grant of permission by old simplified planning zone schemes or enterprise zone orders

27.—(1) Any–

(a) adoption or approval of a simplified planning zone scheme(1);

(b) order designating an enterprise zone(2); or

(c) approval of a modified scheme in relation to an enterprise zone,

which has effect immediately before the commencement of these Regulations to grant planning permission shall, on and after that date, cease to have effect to grant planning permission for Schedule 1 development, and cease to have effect to grant planning permission for Schedule 2 development unless either–

(i) the relevant planning authority have adopted a screening opinion; or

(ii) the Scottish Ministers have made a screening direction,

to the effect that the particular proposed development is not EIA development.

(2) Paragraph (1) shall not affect the completion of any development begun before the commencement of these Regulations.

Restriction of grant of permission by new simplified planning zone schemes or enterprise zone orders

28.  No–

(a) adoption or approval of a simplified planning zone scheme;

(b) order designating an enterprise zone made; or

(c) modified scheme in relation to an enterprise zone approved,

after the commencement of these Regulations shall–

(i) grant planning permission for EIA development; or

(ii) grant planning permission for Schedule 2 development unless that grant is made subject to the prior adoption of a screening opinion or prior making of a screening direction that the particular proposed development is not EIA development.

(1)

See section 50 of, and Schedule 5 to, the Town and Country Planning (Scotland) Act 1997.

(2)

See sections 55 and 56 of the Town and Country Planning (Scotland) Act 1997 and Schedule 32 to the Local Government, Planning and Land Act 1980 (c. 65).