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

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This is the original version (as it was originally made).

PART 6ADDITIONAL INFORMATION

Supplementary information and evidence relating to EIA reports

26.—(1) This regulation applies where the Scottish Ministers or the planning authority, are dealing with—

(a)an EIA application;

(b)an application for multi-stage consent in respect of EIA development;

(c)an appeal in relation to an EIA application or an application for multi-stage consent in respect of EIA development; or

(d)a review under section 43A(8) in relation to an EIA application or an application for multi-stage consent in respect of EIA development.

(2) In order to ensure the completeness and quality of the EIA report, the planning authority or the Scottish Ministers, as the case may be, must (having regard in particular to current knowledge and methods of assessment) seek from the developer supplementary information about a matter to be included in the EIA report in accordance with regulation 5(2) which in the opinion of the planning authority or the Scottish Ministers, as the case may be, is directly relevant to reaching a reasoned conclusion on the significant effects of the development on the environment.

(3) The developer must provide that supplementary information and such information is referred to in these Regulations as “supplementary information”.

(4) The planning authority or the Scottish Ministers may in writing require to be produced to them such evidence in respect of any EIA report or additional information as they may reasonably call for to verify any information contained in the EIA report or such additional information, as the case may be.

Publication of additional information

27.—(1) Where additional information is provided to the planning authority or the Scottish Ministers, regulations 20 to 22, 24 and 25 apply to the provision of such additional information as they apply to the submission of an EIA report as if references to the EIA report were references to that additional information.

(2) Paragraph (1) does not apply in relation to additional information to the extent that—

(a)the information is provided for the purposes of an inquiry held under the Act;

(b)the written requirement for the information states that it is to be provided for such purposes; and

(c)the information is required to be publicised as part of that inquiry.

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