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

Application for multi-stage consent without EIA report S

34.—(1) This regulation applies in relation to the consideration by the planning authority of—

(a) an application for multi-stage consent; or

(b) a review in respect of an application for multi-stage consent under section 43A(8) (right to require review of planning decisions and failure to take such decisions),

where an EIA report has not been submitted by the developer in relation to the development.

(2) Where this regulation applies and either—

(a) it appears to the planning authority that the application for multi-stage consent relates to planning permission for Schedule 1 development and the development has not been the subject of a screening opinion or screening direction; or

(b) it appears to the planning authority that—

(i) the application for multi-stage consent relates to planning permission for Schedule 2 development; and

(ii) the development may have significant effects on the environment that have not previously been identified (whether in an earlier screening opinion or screening direction or because the development has not been the subject of a screening opinion or screening direction),

the planning authority must adopt a screening opinion in respect of the development.

(3) If it appears to the planning authority that the application for multi-stage consent, or review, relates to planning permission for Schedule 2 development but the planning authority do not consider that the information submitted by the developer in connection with the application, or review, includes all the information referred to in regulation 8(2), the planning authority must seek from the developer such information as they consider remains to be provided by giving notice to the developer describing that information.

(4) The provisions of regulation 9(1) to (6) apply in relation to the adoption of a screening opinion under paragraph (2) as they apply following a request made under regulation 8(1) as if—

(a) the making of the application for multi-stage consent were a request made under regulation 8(1); and

(b) references to date of receipt of the request were references to the relevant date.

(5) A screening opinion adopted under paragraph (2) supersedes the terms of an earlier screening opinion or screening direction.

(6) The Scottish Ministers may make a screening direction in relation to the development to which the application for multi-stage consent relates and any such screening direction supersedes the terms of the earlier screening opinion or screening direction.

(7) Where a screening opinion is adopted, or a screening direction made, to the effect that the development to which the application for multi-stage consent relates is EIA development—

(a) where the application is before the planning authority by virtue of a review under section 43A(8), regulation 16 applies as if the application were an EIA application; and

(b) in other cases, regulation 12 applies as if the application were an EIA application.

(8) For the purposes of paragraph (4) the relevant date is the later of—

(a) the date on which, as the case may be—

(i) the application for multi-stage consent is taken to have been made in terms of regulation 14 of the Development Management Procedure Regulations; or

(ii) the request for review is made in respect of the application for multi-stage consent; or

(b) where notice is given to the developer under paragraph (3), the date on which the last of the items or information sought by such notice is received by the planning authority.