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

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  1. Introductory Text

  2. PART 1 INTRODUCTORY

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Prohibition on granting planning permission without an environmental impact assessment

    4. 4.Environmental impact assessment

    5. 5.Environmental Impact Assessment Report

  3. PART 2 DETERMINING WHETHER ENVIRONMENTAL IMPACT ASSESSMENT IS REQUIRED

    1. 6.EIA Development

    2. 7.General provisions relating to screening

    3. 8.Requests for screening opinion of the planning authority

    4. 9.Screening opinions – time period for decision

    5. 10.Requests for screening directions of the Scottish Ministers

  4. PART 3 PROCEDURES CONCERNING APPLICATIONS FOR PLANNING PERMISSION

    1. 11.Application or request to review made to a planning authority without prior screening

    2. 12.EIA application made to a planning authority without an EIA report

    3. 13.Application or Appeal to the Scottish Ministers without prior screening

    4. 14.EIA application referred to the Scottish Ministers without an EIA report

    5. 15.Appeal to the Scottish Ministers without an EIA report

    6. 16.Review by the planning authority of an application without an EIA report

  5. PART 4 PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

    1. 17.Scoping opinions of the planning authority

    2. 18.Scoping directions of the Scottish Ministers

    3. 19.Procedure to facilitate preparation of EIA reports

  6. PART 5 PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

    1. 20.Notification of EIA report

    2. 21.Publication of EIA report

    3. 22.Consultation where EIA report received by planning authority

    4. 23.Copy of EIA report for the Scottish Ministers

    5. 24.Consultation where EIA report received by the Scottish Ministers

    6. 25.Availability of copies of EIA report

  7. PART 6 ADDITIONAL INFORMATION

    1. 26.Supplementary information and evidence relating to EIA reports

    2. 27.Publication of additional information

  8. PART 7 AVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS

    1. 28.Availability of opinions, directions etc. for inspection

    2. 29.Decision notice

    3. 30.Monitoring measures

    4. 31.Notification of decision

  9. PART 8 APPLICATIONS FOR MULTI-STAGE CONSENT

    1. 32.Prohibition on granting an application for multi-stage consent without an environmental impact assessment

    2. 33.Application for multi-stage consent where EIA report previously provided

    3. 34.Application for multi-stage consent without EIA report

    4. 35.Application for multi-stage consent referred or appealed to the Scottish Ministers without an EIA report

    5. 36.Modification of regulations relating to application for multi-stage consent

  10. PART 9 SPECIAL CASES

    1. 37.Simplified planning zone schemes or enterprise zone orders

    2. 38.ROMP applications

    3. 39.Applications for permission under section 242A

    4. 40.Marine fish farming

  11. PART 10 DEVELOPMENT WITH SIGNIFICANT TRANSBOUNDARY EFFECTS

    1. 41.Development in Scotland likely to have significant effects in an EEA State other than the United Kingdom

    2. 42.Projects in another EEA State likely to have significant transboundary effects

  12. PART 11 MISCELLANEOUS

    1. 43.Electronic communications – general

    2. 44.Electronic communications – deemed agreement

    3. 45.Withdrawal of consent to use of electronic communications

    4. 46.Service of notices etc.

    5. 47.Application to Court of Session

    6. 48.Hazardous waste and material change of use

    7. 49.Extension of the period for an authority's decision on a planning application

    8. 50.Directions as to whether development is EIA development

    9. 51.Access to review procedure before a court

    10. 52.Competent authority – avoidance of conflict of interest

    11. 53.Co-ordination of assessments

    12. 54.Offences

    13. 55.Offences by bodies corporate etc.

  13. PART 12 Amendments Revocations and Transitional Provisions

    1. 56.Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992

    2. 57.Amendment of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013

    3. 58.Amendment of the Town and Country Planning (Appeals) (Scotland) Regulations 2013

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

    5. 60.Revocations and transitional provisions

  14. Signature

    1. SCHEDULE 1

      DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”

      1. Interpretation

      2. Descriptions of development

      3. 1.Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude‑oil) and...

      4. 2.(1) Thermal power stations and other combustion installations with a...

      5. 3.(1) Installations for the reprocessing of irradiated nuclear fuel.

      6. 4.(1) Integrated works for the initial smelting of cast‑iron and...

      7. 5.Installations for the extraction of asbestos and for the processing...

      8. 6.Integrated chemical installations, that is to say, installations for the...

      9. 7.(1) Construction of lines for long‑distance railway traffic and of...

      10. 8.(1) Inland waterways and ports for inland‑waterway traffic which permit...

      11. 9.Waste disposal installations for the incineration, chemical treatment (as defined...

      12. 10.Waste disposal installations for the incineration or chemical treatment (as...

      13. 11.Groundwater abstraction or artificial groundwater recharge schemes where the annual...

      14. 12.(1) Works for the transfer of water resources, other than...

      15. 13.Waste water treatment plants with a capacity exceeding 150,000 population...

      16. 14.Extraction of petroleum and natural gas for commercial purposes where...

      17. 15.Dams and other installations designed for the holding back or...

      18. 16.Pipelines with a diameter of more than 800 millimetres and...

      19. 17.Installations for the intensive rearing of poultry or pigs with...

      20. 18.Industrial plants for— (a) the production of pulp from timber...

      21. 19.Quarries and open‑cast mining where the surface of the site...

      22. 20.Construction of overhead electrical power lines with a voltage of...

      23. 21.Installations for storage of petroleum, petrochemical or chemical products with...

      24. 22.Storage sites pursuant to the CCS Directive.

      25. 23.Installations for the capture of carbon dioxide streams for the...

      26. 24.Any change to or extension of development listed in this...

    2. SCHEDULE 2

      DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”

      1. 1.In the table below— “area of the works” includes any...

      2. 2.The table below sets out the descriptions of development and...

    3. SCHEDULE 3

      SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT

      1. 1.Characteristics of development

      2. 2.Location of development

      3. 3.Characteristics of the potential impact

    4. SCHEDULE 4

      INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

      1. 1.A description of the development, including in particular:

      2. 2.A description of the reasonable alternatives (for example in terms...

      3. 3.A description of the relevant aspects of the current state...

      4. 4.A description of the factors specified in regulation 4(3) likely...

      5. 5.A description of the likely significant effects of the development...

      6. 6.A description of the forecasting methods or evidence, used to...

      7. 7.A description of the measures envisaged to avoid, prevent, reduce...

      8. 8.A description of the expected significant adverse effects of the...

      9. 9.A non-technical summary of the information provided under paragraphs 1...

      10. 10.A reference list detailing the sources used for the descriptions...

    5. SCHEDULE 5

      FORM OF NOTICE UNDER REGULATION 20

    6. SCHEDULE 6

      REVOCATIONS

  15. Explanatory Note

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