The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make amendments to—

(a) the Conservation (Natural Habitats, &c.) Regulations 1994;

(b) the Town and Country Planning (Modification and Discharge of Planning Obligations) (Scotland) Regulations 2010,

(c) the Town and Country Planning (Modification and Discharge of Good Neighbour Agreement) (Scotland) Regulations 2010,

(d) the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011,

(e) the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013,

(f) the Town and Country Planning (Appeals) (Scotland) Regulations 2013, and

(g) the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013.

The changes come into force on 14th September 2015.

Regulation 2 amends the definition of “European site” in the Conservation (Natural Habitats, &c.) Regulations 1994.

Regulation 3 amends the Town and Country Planning (Modification and Discharge of Planning Obligations) (Scotland) Regulations 2010 to remove regulation 7(3). Regulation 4 makes the equivalent change to the Town and Country Planning (Modification and Discharge of Good Neighbour Agreement) (Scotland) Regulations 2010.

Regulation 5 makes various changes to the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (“the 2011 Regulations”). Paragraph (2) updates various definitions and introduces a new definition of “environmental impact assessment”. Paragraph (3) introduces a new regulation 3A which sets out the meaning of environmental impact assessment and sets out expressly in the substituted regulation 3 that such an assessment is to be carried out before any grant of planning permission for EIA development. Paragraph (4) makes equivalent changes in relation to the process of consideration of applications for multi-stage consent in respect of EIA Development. Paragraph (6) makes consequential changes. Paragraphs (5) and (8) to (10) update legislative references. Paragraph (7) makes changes to the regulation 44 of the 2011 Regulations to ensure that it applies to applications which are before the planning authority for determination including those applications subject to local review under section 43A of the Town and Country Planning (Scotland) Act 1997 (“the 1997 Act”).

Regulation 6 makes it clear that the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 do not apply to applications made to the Scottish Ministers under section 242A of the 1997 Act.

Regulation 7 amends the Town and Country Planning (Appeals) (Scotland) Regulations 2013. The modifications clarify the provisions relating to time periods and in particular extend the period before which an appeal under section 47(2) of the 1997 Act can be made in respect of an application for multi-stage consent relating to EIA development to 4 months. Regulation 8 makes equivalent amendments to the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013.