The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
PART 1
INTRODUCTORY
1
Citation and commencement
2
Interpretation
3
Prohibition on granting planning permission without an environmental impact assessment
4
Environmental impact assessment
5
Environmental Impact Assessment Report
PART 2
DETERMINING WHETHER ENVIRONMENTAL IMPACT ASSESSMENT IS REQUIRED
6
EIA Development
7
General provisions relating to screening
8
Requests for screening opinion of the planning authority
9
Screening opinions – time period for decision
10
Requests for screening directions of the Scottish Ministers
PART 3
PROCEDURES CONCERNING APPLICATIONS FOR PLANNING PERMISSION
11
Application or request to review made to a planning authority without prior screening
12
EIA application made to a planning authority without an EIA report
13
Application or Appeal to the Scottish Ministers without prior screening
14
EIA application referred to the Scottish Ministers without an EIA report
15
Appeal to the Scottish Ministers without an EIA report
16
Review by the planning authority of an application without an EIA report
PART 4
PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
17
Scoping opinions of the planning authority
18
Scoping directions of the Scottish Ministers
19
Procedure to facilitate preparation of EIA reports
PART 5
PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
20
Notification of EIA report
21
Publication of EIA report
22
Consultation where EIA report received by planning authority
23
Copy of EIA report for the Scottish Ministers
24
Consultation where EIA report received by the Scottish Ministers
25
Availability of copies of EIA report
PART 6
ADDITIONAL INFORMATION
26
Supplementary information and evidence relating to EIA reports
27
Publication of additional information
PART 7
AVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS
28
Availability of opinions, directions etc. for inspection
29
Decision notice
30
Monitoring measures
31
Notification of decision
PART 8
APPLICATIONS FOR MULTI-STAGE CONSENT
32
Prohibition on granting an application for multi-stage consent without an environmental impact assessment
33
Application for multi-stage consent where EIA report previously provided
34
Application for multi-stage consent without EIA report
35
Application for multi-stage consent referred or appealed to the Scottish Ministers without an EIA report
36
Modification of regulations relating to application for multi-stage consent
PART 9
SPECIAL CASES
37
Simplified planning zone schemes or enterprise zone orders
38
ROMP applications
39
Applications for permission under section 242A
40
Marine fish farming
PART 10
DEVELOPMENT WITH SIGNIFICANT TRANSBOUNDARY EFFECTS
41
Development in Scotland likely to have significant effects in an EEA State other than the United Kingdom
42
Projects in an EEA State likely to have significant transboundary effects
PART 11
MISCELLANEOUS
43
Electronic communications – general
44
Electronic communications – deemed agreement
45
Withdrawal of consent to use of electronic communications
46
Service of notices etc.
47
Application to Court of Session
48
Hazardous waste and material change of use
49
Extension of the period for an authority's decision on a planning application
50
Directions as to whether development is EIA development
51
Access to review procedure before a court
52
Competent authority – avoidance of conflict of interest
53
Co-ordination of assessments
54
Offences
55
Offences by bodies corporate etc.
PART 12
Amendments Revocations and Transitional Provisions
56
Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992
57
Amendment of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013
58
Amendment of the Town and Country Planning (Appeals) (Scotland) Regulations 2013
59
Amendment of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013
60
Revocations and transitional provisions
SCHEDULE 1
DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”
Interpretation
Descriptions of development
1
Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude‑oil) and...
2
(1) Thermal power stations and other combustion installations with a...
3
(1) Installations for the reprocessing of irradiated nuclear fuel.
4
(1) Integrated works for the initial smelting of cast‑iron and...
5
Installations for the extraction of asbestos and for the processing...
6
Integrated chemical installations, that is to say, installations for the...
7
(1) Construction of lines for long‑distance railway traffic and of...
8
(1) Inland waterways and ports for inland‑waterway traffic which permit...
9
Waste disposal installations for the incineration, chemical treatment (as defined...
10
Waste disposal installations for the incineration or chemical treatment (as...
11
Groundwater abstraction or artificial groundwater recharge schemes where the annual...
12
(1) Works for the transfer of water resources, other than...
13
Waste water treatment plants with a capacity exceeding 150,000 population...
14
Extraction of petroleum and natural gas for commercial purposes where...
15
Dams and other installations designed for the holding back or...
16
Pipelines with a diameter of more than 800 millimetres and...
17
Installations for the intensive rearing of poultry or pigs with...
18
Industrial plants for— (a) the production of pulp from timber...
19
Quarries and open‑cast mining where the surface of the site...
20
Construction of overhead electrical power lines with a voltage of...
21
Installations for storage of petroleum, petrochemical or chemical products with...
22
Storage sites pursuant to Chapter 3 of Part 1 of...
23
Installations for the capture of carbon dioxide streams for the...
24
Any change to or extension of development listed in this...
SCHEDULE 2
DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”
1
In the table below— “area of the works” includes any...
2
The table below sets out the descriptions of development and...
SCHEDULE 3
SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT
1
Characteristics of development
2
Location of development
3
Characteristics of the potential impact
SCHEDULE 4
INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
1
A description of the development, including in particular:
2
A description of the reasonable alternatives (for example in terms...
3
A description of the relevant aspects of the current state...
4
A description of the factors specified in regulation 4(3) likely...
5
A description of the likely significant effects of the development...
6
A description of the forecasting methods or evidence, used to...
7
A description of the measures envisaged to avoid, prevent, reduce...
8
A description of the expected sigFnificant adverse effects of the...
9
A non-technical summary of the information provided under paragraphs 1...
10
A reference list detailing the sources used for the descriptions...
SCHEDULE 5
FORM OF NOTICE UNDER REGULATION 20
SCHEDULE 6
REVOCATIONS
2017 No. 102

Town And Country Planning

The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
Made
29th March 2017
Laid before the Scottish Parliament
31st March 2017
Coming into force
16th May 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 , section 40 of the Town and Country Planning (Scotland) Act 1997 and all other powers enabling them to do so.
They have taken into account the selection criteria in Annex III to Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment .
1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3), the Legislative and Regulatory Reform Act 2006 (c.51), section 27, and the European Union (Amendment) Act 2008 (c.7), schedule 1, Part 1. The functions conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).
1997 c.8. Section 40 was amended by the Water Environment and Water Services (Scotland) Act 2003 (asp 3), section 24(3). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.
OJ L 26, 28.1.2012, p.1 as amended by Directive 2014/52/EU.
Regulations power to amend or revoke conferred (26.12.2023) by Levelling Up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 2 (with s. 247)