The Environmental Impact Assessment (Scotland) Regulations 1999

Extension of the period for an authority’s decision on a planning application

45.—(1) In determining for the purposes of section 47 (right to appeal against planning decisions and failure to take such decisions) the time which has elapsed without the relevant planning authority giving notice to the applicant of their decision in a case where–

(a) the authority have notified an applicant in accordance with regulation 7(2) that the submission of an environmental statement is required; and

(b) the Scottish Ministers have given a screening direction in relation to the development in question,

no account shall be taken of any period before the issue of the direction.

(2) Where it falls to an authority to determine an EIA application, article 14 (time periods for decision) of the general development order shall have effect as if–

(a) for the reference in paragraph (2) of that article to two months there were substituted a reference to four months; and

(b) after paragraph (3) of that article there were inserted–

“(4) In any case where an environmental statement (within the meaning of regulation 2(1) of the Environmental Impact Assessment (Scotland) Regulations 1999) is required to be submitted in respect of an application, the date determined under paragraph (3) shall be the date on which that statement and the documents which require to accompany it were submitted (if that date is later than would otherwise be determined under paragraph (3)).”.