PART 3 SPROCEDURES CONCERNING APPLICATIONS FOR PLANNING PERMISSION

EIA application referred to the Scottish Ministers without an EIA reportS

14.—(1) This regulation applies where an application which has been referred to the Scottish Ministers for determination is an EIA application and is not accompanied by an EIA report

(2) Where this regulation applies the Scottish Ministers must notify the developer in writing that the submission of an EIA report is required and must send a copy of that notification to the planning authority.

(3) The Scottish Ministers must notify the developer in accordance with paragraph (2) within the period of 21 days beginning with the date they received the application or such longer period as they may reasonably require.

(4) A developer who receives notice under paragraph (2) may within the period of 21 days beginning with the date of the notice write to the Scottish Ministers stating that an EIA report will be provided and may request the Scottish Ministers to make a scoping direction.

(5) If the developer does not write in accordance with paragraph (4), the Scottish Ministers are under no duty to deal with the application, and at the end of the 21 day period the Scottish Ministers must inform the developer in writing that no further action is being taken on the application.

(6) Where the Scottish Ministers have given notice under paragraph (2), they are to determine the application only by refusing planning permission if the developer does not submit an EIA report.