The Environmental Assessment (Scotland) Regulations 1988

PART I INTRODUCTORY

Citation, commencement and extent

1.—(1) These Regulations may be cited as the Environmental Assessment (Scotland)Regulations 1988.

(2) These Regulations shall come into force on the third day after the days on which they are made.

(3) These Regulations extend to Scotland only.

Interpretation

2.  In these Regulations, unless the contrary intention appears—

“aerodrome” means a defined area on land or water (including any buildings and other installations) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;

“document” includes a map, diagram, illustration or other descriptive matter in any form and also includes where appropriate a copy of a document;

“environmental information” means

(a)

any environmental statement required to be provided under these Regulations,

(b)

any representations made by any authority, body or person required by the Regulations to be invited to make representations (or consulted), and

(c)

any representations duly made by any other person about the likely environmental effects of the proposed development;

“environmental statement” means such a statement as is described in Schedule 3;

“exempt development” means development which is the subject of a direction by the Secretary of State that these regulations do not apply in relation to it;

“general development order” means the Town and Country Planning (General Development) (Scotland) Order 1981(1);

“planning authority” means—

(a)

Borders Regional Council, Dumfries and Galloway Regional Council and Highland Regional Council,

(b)

any district council, except a council for a district within any of the regions mentioned in paragraph (a) above, and

(c)

Orkney Islands Council, Shetland Islands Council and the Western Isles Islands Council.

PART II PLANNING

Application

3.  This Part of these Regulations applies in any case where—

(a) an application for planning permission was received by a planning authority on or after 15th July 1988; or

(b) the notices and consultation of a planning authority under regulation 4(2) of the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981(2) were given and carried out respectively, or the application of a planning authority was made, on or after 15th July 1988.

Interpretation

4.—(1) In this Part of these Regulations, unless the contrary intention appears—

“the Act” means the Town and Country Planning (Scotland) Act 1972(3) and expressions used in these Regulations which are also used in the Act have the same meaning as they have in the Act;

“the 1981 Regulations” means the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981;

“annex 1 application” or “annex 2 application” means an application for planning permission (other than an application made under section 28A or section 29(4) for the carrying out of development of any description mentioned in Schedule 1 or Schedule 2 respectively, not being exempt development;

“controlled waste” has the meaning assigned to it by section 30(1) of the Control of Pollution Act 1974(5);

“regional planning authority” means the council of a Region other than the Highland Region, the Borders Region and the Dumfries and Galloway Region;

“register” means a register of applications for planning permission kept by the planning authority under section 31(2) in the manner prescribed in article 17(1) of the general development order;

“reporter” means a person appointed by the Secretary of State under Schedule 7 to the Act to determine an appeal under section 33, or to report to the Secretary of State on an application for planning permission referred to the Secretary of State under section 32 or which is the subject of an appeal under section 33;

“special road” means a special road authorised by means of a scheme (other than a scheme made by the Secretary of State) under section 7 of the Roads (Scotland) Act 1984(6) for the use of traffic falling within Classes I and II in Schedule 3 to that Act;

“special waste” means waste which is special waste for the purposes of the Control of Pollution (Special Waste) Regulations 1980(7);

references to receipt by a planning authority of applications for planning permission are to be construed as references to receipt as specified in article 10(6) of the general development order; and

references to sections are references to sections of the Act, and references to Schedules are references to Schedules to these Regulations.

(2) Where the Secretary of State gives a direction which includes a statement that in his opinion proposed development would be likely, or would not be likely, to have significant effects on the environment by virtue inter alia of its nature, size or location or includes such a statement in a notification under regulation 13(2), that statement shall determine whether an application for planning permission for that development is, or is not, an annex 2 application falling within the terms of regulation 6(1)(b) by reason of the effects the development would be likely to have, and references in these Regulations to an application to which regulation 6 applies shall be interpreted accordingly.

Extension of the power to provide in a development order for the giving of directions as respects the manner in which planning applications are dealt with

5.  The provisions enabling the Secretary of State to give directions which may be included in a development order by virtue of section 28 shall include provisions enabling him to direct—

(a) that particular proposed development of a description set out in Schedule 1 or 2 is exempt development to which these Regulations do not apply;

(b) that particular proposed development is not development in respect of which consideration of environmental information is required before planning permission can be granted;

(c) that particular proposed development or development of any class is development in respect of which consideration of environmental information is so required.

Prohibition on the grant of planning permission without consideration of environmental information

6.—(1) This regulation applies to—

(a) an annex 1 application; or

(b) an annex 2 application where the proposed development shall be likely to have significant effects on the environment by virtue inter alia of its nature, size or location.

(2) The planning authority, the Secretary of State or a reporter shall not grant planning permission in respect of an application to which this regulation applies unless they have taken into consideration environmental information in respect of the proposed development.

(3) Subject to any direction by the Secretary of State, for the purposes of paragraph (1)(b) a proposed development shall only be taken to be likely to have significant effects on the environment by virtue inter alia of its nature, size or location where the applicant and the planning authority accept that this is the case.

Opinions, directions, etc.

0pinion of planning authority prior to planning application

7.—(1) An applicant may, before applying for planning permission, request in writing the planning authority’s opinion on—

(a) whether the proposed development would fall within any of the descriptions mentioned in Schedule 1; or

(b) whether the proposed development would fall within any of the descriptions mentioned in Schedule 2 and, if so, whether it would be likely to have significant effects on the environment.

(2) A request under paragraph (1) shall be accompanied by—

(a) a plan sufficient to identify the land on which the proposed development would be carried out; and

(b) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment.

(3) On receipt of any such request—

(a) the planning authority shall send the applicant an acknowledgement stating the date of receipt;

(b) the planning authority shall consult such of the authorities, bodies or persons mentioned in Schedule 4 as they consider appropriate in respect of the request under paragraph (1).

(4) The planning authority shall within 4 weeks, or such longer period as the parties agree in writing, beginning with the date of receipt of a request, give the applicant their written opinion with reasons therefor on the questions raised.

(5) Where the planning authority give an opinion under paragraph (4) that the proposed development would fall within any of the descriptions of development mentioned in Schedule 1 or Schedule 2 and would be likely to have significant effects on the environment, they shall let the applicant know which, if any, of the authorities, bodies or persons mentioned in Schedule 4 they consulted under paragraph (3)(b).

(6) Where the planning authority consider that the applicant has not provided them with sufficient information to enable them to form an opinion, they may ask him for further information.

(7) At the same time as they give the applicant their written opinion, the planning authority shall send a copy of that opinion to such other persons as they consider desirable together with documents sufficient to identify the land and the proposed development to which the opinion relates.

(8) Where the planning authority do not give the applicant their written opinion within the 4 week period or such longer period as may be agreed between the parties under paragraph (4) above, the applicant shall be entitled to assume that at this stage the planning authority’s opinion is that consideration of environmental information shall not be required.

(9) Where an applicant is notified by the planning authority that in their opinion planning permission could not be granted for the proposed development without consideration of environmental information and the applicant disagrees, he may ask the Secretary of State in accordance with regulation 9 for a direction as to whether consideration of environmental information is required.

(10) The planning authority shall hold copies ot their written opinion, together with the request for it and accompanying documents, and shall make them available for inspection by the public at all reasonable hours at the place where Part I of the register is kept until such time, if any, as a copy of that opinion is required by regulation 11 to be placed on Part I of the register.

Provision of information for environmental statement

8.—(1) This regulation applies where—

(a) (i) the planning authority have given an opinion under regulation 7(4); or

(ii) the planning authority have received a direction from the Secretary of State under regulation 10 (other than where the direction relates to a determination by the Secretary of State under section 32 or 33);

that the proposed development would fall within any of the descriptions of development mentioned in Schedule 1 or Schedule 2 and would be likely to have significant effects on the environment; or

(b) under regulation 14(1) the planning authority have notified an applicant for planning permission that the application for planning permission is an application to which regulation 6 applies.

(2) Where this regulation applies, the planning authority shall—

(a) inform the authorities, bodies and persons mentioned in Schedule 4—

(i) of the requirement for an environmental statement;

(ii) that they may be required to make available to the applicant, in accordance with regulation 23, any information in their possession which he or they consider relevant to the preparation of the environmental statement; and

(b) inform the applicant—

(i) of what they have done under sub-paragraph (a);

(ii) of their view that he should provide an environmental statement;

(iii) that the planning authority is a body required under regulation 23 to provide him with any relevant information in their possession; and

(iv) that he shall supply the authorities, bodies and persons mentioned in Schedule 4 and the planning authority with such further information about the proposed development as they may request.

Application for direction to the Secretary of State

9.—(1) An application to the Secretary of State under regulation 7(9) for a direction shall be accompanied by—

(a) the applicant’s request to the planning authority for their opinion;

(b) the documents which accompanied the request and any other information supplied to the planning authority;

(c) the opinion and the reasons therefor; and

(d) any representations which the applicant wishes to make.

(2) An application to the Secretary of State under regulation 14(2)(b) for a direction shall be accompanied by—

(a) the applicant’s application for planning permission;

(b) any document relating to the application for planning permission;

(c) any opinion and the reasons therefor; and

(d) any representations which the applicant wishes to make.

(3) On the date on which an application is made to the Secretary of State for a direction under regulation 7(9) or 14(2), the applicant shall send to the planning authority a copy of—

(a) his letter to the Secretary of State; and

(b) any representations he has made;

and the planning authority may within 2 weeks beginning with that date make written comments to the Secretary of State on any matter relating to the application.

(4) Where the Secretary of State considers that the documents put before him do not provide him with sufficient information to enable him to give a direction, the applicant and the planning authority shall supply him with such further information as he may request.

(5) If on the expiry of 4 weeks from the receipt by the Secretary of State of the application referred to in paragraph (1) or (2) (or such longer period as the Secretary of State may, during the said 4 weeks or any period so extended, notify in writing to the applicant and the planning authority) the Secretary of State does not issue a direction, he shall be deemed to have directed that consideration of environmental information shall be required.

Procedure following direction

10.  Where the Secretary of State makes any direction under section 28 in respect of the need for consideration of environmental information, he shall send a copy of the direction to the applicant, to the planning authority and to such other persons as he considers desirable together with documents sufficient to identify the land and the proposed development to which the direction relates; and where he directs that consideration of environmental information is required or the proposed development is exempt development he shall send them a statement of his reasons therefor.

Availability of directions and opinions for inspection

11.—(1) Where a planning authority place copies of an application for planning permission in Part I of the register, they shall also place in that Part a copy of any direction given by the Secretary of State which is relevant to the question whether consideration of environmental information is required before planning permission can be granted on that application and or any relevant opinion given under regulation 7.

(2) Where any such direction as is mentioned in paragraph (1) is given after a copy of the relevant application has been placed in Part I of the register, a copy of that direction shall also be placed in that Part of the register when it is received by the planning authority.

(3) Where a planning authority notify an applicant under regulation 14 that they consider his application cannot be granted unless they have taken into consideration environmental information in respect of the proposed development, they shall place a copy of that notification in Part I of the register.

(4) Where a direction sent under regulation 10 is received by the planning authority and an application has not been made for planning permission for the development in question, the planning authority shall make a copy of the direction and any other documents sent with it available for public inspection at all reasonable hours at the place where Part I of the register is kept.

Planning applications and environmental information

Consideration of environmental effects

12.  In respect of an application for planning permission, the person to whom it would fall to grant planning permission shall on receipt of the application or appeal consider whether it is one to which regulation 6 applies.

Annex 1 or annex 2 application accompanied by environmental statement

13.—(1) Where a planning authority consider that an application is one to which regulation 6 applies and the application is accompanied by an environmental statement, they shall within 4 weeks beginning with the date of receipt of the application notify the applicant in writing of their view and that article 10 of the general development order shall have effect as if there were substituted for the reference to a period of 2 months in paragraph (5) thereof a reference to a period of 4 months.

(2) Where the Secretary of State considers that an application is one to which regulation 6 applies and the application is accompanied by an environmental statement, he shall notify the applicant in writing of his view.

Annex 1 or annex 2 application to planning authority without environmental statement

14.—(1) Subject to paragraph (4), where the planning authority consider that an application for planning permission is an application to which regulation 6 applies, but it is not accompanied by the required environmental statement, they shall within 4 weeks beginning with the date of receipt of the application or such longer period as the parties agree in writing notify the applicant in writing—

(a) of their view with reasons thereof;

(b) that in their view without taking into consideration environmental information in respect of the proposed development they may not grant planning permission;

(c) of their view that he should provide an environmental statement; and

(d) of any authorities, bodies or persons mentioned in Schedule 4 whom they have consulted.

(2) The applicant may within 4 weeks beginning with the date of notification—

(a) inform the authority in writing that he will provide the required environmental statement; or

(b) apply to the Secretary of State in accordance with regulation 9 for a direction as to whether consideration of environmental information is required.

(3) If the applicant takes no action in accordance with paragraph (2) or says that he does not intend to provide the required environmental statement, planning permission shall be deemed to be refused at the end of the period mentioned, but there shall be no appeal to the Secretary of State under section 33.

(4) The preceding paragraphs shall not apply where—

(a) the Secretary of State has directed that consideration of environmental information is not required before planning permission could be granted for a proposed development; or

(b) the Secretary of State directs under section 32 that the application for planning permission be referred to him.

Annex 1 or annex 2 application received by Secretary of State without environmental statement

15.—(1) Where the Secretary of State considers that an application which is being determined by him by virtue of section 32 or section 33 is an application to which regulation 6 applies, or a reporter so considers, but it is not accompanied by an environmental statement, the Secretary of State may, within 4 weeks beginning with the date on which he received the application or such longer period as he may reasonably require, direct giving his reasons that consideration of environmental information in respect of the proposed development is required before planning permission could be granted for the proposed development.

(2) Where the Secretary of State makes a direction under paragraph (1), he shall—

(a) inform the planning authority and the other authorities mentioned in Schedule 4,—

(i) of the requirement for an environmental statement;

(ii) that they may be required to make available to the applicant, in accordance with regulation 23, any information in their possession which they or the applicant consider relevant to the preparation of the environmental statement; and

(b) inform the applicant or appellant—

(i) of what he has done under subparagraph (a),

(ii) of his view that the applicant or appellant should provide an environmental statement,

(iii) that the planning authority is a body required under regulation 23 to provide the applicant with any relevant information in their possession, and

(iv) that he shall supply the authorities, bodies or persons mentioned in Schedule 4 and the planning authority, with such further information about the proposed development as they may request.

(3) The applicant or appellant as the case may be may, within 4 weeks beginning with the date of the direction, notify the Secretary of State in writing that he proposes to provide an environmental statement and, if the Secretary of State is not so notified, he or the reporter shall not make a determination other than by refusal of planning permission and at the end of the said period of 4 weeks may inform the applicant or appellant in writing that no further action is being taken.

(4) Where the Secretary of State is notified under paragraph (3) that an environmental statement is to be provided, he shall inform the planning authority for the area in which the land to which the application relates is situated.

Publicity for environmental statement

16.—(1) In an application to which regulation 6 applies, when the applicant or appellant submits an environmental statement he shall serve on any party who holds a notifiable interest in neighbouring land a notice in the form set out in Schedule 5 (or in a form substantially to the like effect) stating—

(a) that the environmental statement may be inspected in the office of the planning authority for the period of 4 weeks from the date of the said notice;

(b) the address at which copies of the environmental statement may be acquired;

(c) the cost of a copy of the environmental statement; and

(d) that representations may be made.

(2) The parties holding a notifiable interest in neighbouring land are the owners, lessees and occupiers of the land.

(3) An environmental statement shall not be taken into consideration by a planning authority or the Secretary of State unless it is accompanied by a certificate stating—

(a) that notices have been served in terms of paragraph (1); or

(b) that no notification in terms of paragraph (1) is required; or

(c) that the applicant has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of all the parties holding a notifiable interest in neighbouring land, and either—

(i) that the names and addresses of the parties holding a notifiable interest in neighbouring land have not been ascertained and no notice has been served in terms of paragraph (1); or

(ii) that notices have been served in terms of paragraph (1)

on one or more of the parties holding a notifiable interest in neighbouring land but that the names and addresses of the other parties holding a notifiable interest have not been ascertained.

(4) The certificate under paragraph (3) shall, where appropriate, state the names and addresses of all those parties having a notifiable interest in neighbouring land who have been notified in terms of paragraph (1).

(5) When an environmental statement is submitted, the planning authority or the Secretary of State, as the case may be, shall publish as soon as possible a notice (containing similar information to that required to be included in a notice served in accordance with paragraph (1)) in a newspaper circulating in the locality in which the neighbouring land is situated and in the Edinburgh Gazette.

(6) Where the Planning authority are required to publish a notice in a newspaper in accordance with paragraph (5), the applicant shall pay the cost to be incurred by the planning authority in arranging such advertisement at the time of submitting his environmental statement.

(7) For the purposes of this regulation “neighbouring land” has the same meaning as in article 2(1) of the general development order.

Copies of environmental statement for the public

17.  Where an environmental statement is provided in relation to an application for planning permission, the applicant or appellant shall ensure that a reasonable number of copies of the environmental statement are available at the address named in his notices under regulation 16 as the address at which copies may be obtained.

Consultation where environmental statement received by planning authority

18.—(1) Where planning authority receive an environmental statement relating to an application to which regulation 6 applies, they shall—

(a) place a copy of the environmental statement in Part I of the register together with a copy of the related application;

(b) send to the Secretary of State a copy ot the application, of any plans and other documents sent with it, and of the environmental statement; and

(c) consult the authorities, bodies or persons mentioned in Schedule 4 about the environmental statement and inform them that they may make representations.

(2) Where an applicant for planning permission submits an environmental statement to the planning authority, he shall let them have enough copies of the environmental statement or parts thereof to enable them to comply with paragraph (1)(c) of this regulation and 3 additional copies.

(3) Where under this regulation a planning authority consult any authority, body or person about any environmental statement, they shall give not less than 4 weeks' notice to such authority, body or person that environmental information is to be taken into consideration, and shall not take the environmental information into consideration until after the expiration of the period of such notice.

(4) Where any authority, body or person which a planning authority are required to consult under this regulation consider that consultation with them is not required in respect of any environmental statement relating to any case or class of case or relating to any specified area, they shall so inform the planning authority in writing and notwithstanding the foregoing provisions of this regulation the planning authority shall not be required so to consult them.

Consultation where environmental statement received by Secretary of State

19.—(1) This regulation applies where the Secretary of State is taking into consideration environmental information relating to an application to which regulation 6 applies and which is being determined by him by virtue of section 32 or 33 and the environmental statement has not previously been submitted to the planning authority.

(2) The provisions of regulation 18(1)(c), (2), (3) and (4) shall apply to the Secretary of State as they apply to the planning authority, as if references to the applicant include, where the case requires, references to an appellant.

(3) The Secretary of State shall consult the planning authority for the area in which is situated the land to which the application relates about the environmental statement and shall send them 2 copies of it.

(4) When the planning authority receive 2 copies of the environmental statement under paragraph (3) they shall place one copy in Part I of the register together with a copy of the related application.

Time periods for authority’s decision on planning application

20.—(1) For the purpose of calculating the period of time which elapses before the planning authority give notice to the applicant of their decision on an application for planning permission under article 10(5) of the general development order, no account shall be taken of any period falling between the date of receipt of the application and the occurrence of such of the events specified in paragraph (2) as may be applicable to the case.

(2) The events mentioned in paragraph (1) are—

(a) the giving by the Secretary of State of a direction that consideration of environmental information is not required before planning permission could be granted for the proposed development;

(b) the receipt by the planning authority of an environmental statement relating to the application and the certificate required by regulation 16(3) to accompany it.

(3) Where a planning authority in determining an application for planning permission take into consideration environmental information relating to that application, article 10 of the general development order shall have effect as if—

(a) there were substituted for the reference in paragraph (5) thereof to a period of two months, a reference to a period of 4 months;

(b) there were substituted for the reference in paragraph (3) thereof to a period of 14 days, a reference to a period of 28 days; and

(c) in paragraph 3(b) thereof there were a reference to whichever of the following dates is later—

(i) the date on which a notice in accordance with article 7(5)

of the general development order was published by the planning authority, or

(ii) the date on which a notice in accordance with regulation 16(4)

was published.

(4) In the application of section 34(8) to an application to which regulation 6 applies, the reference to such period as may be prescribed by the general development order shall be taken to mean such period as may be prescribed by the general development order when read with these Regulations.

Copy of environmental statement for the Secretary of State

21.  Where an environmental statement is provided in relation to an application for planning permission which is directed to be referred to the Secretary of State for determination, or is to be the subject of an appeal to him, the applicant or appellant shall provide the Secretary of State with a copy of the environmental statement unless (in the case of a referred application) the planning authority have already forwarded one when referring the application.

Further information and evidence relating to environmental statements

22.—(1) The Secretary of State, or reporter, or the planning authority, when dealing with an application or appeal in relation to which an environmental statement has been provided, may in writing require the applicant or appellant to provide such further information as may be specified to enable the application or appeal to be determined, or concerning any matter which is required to be dealt with in the environmental statement; and where in the opinion of the planning authority, the Secretary of State or the reporter—

(a) the applicant or appellant could (having regard in particular to current knowledge and methods of assessment) provide further information about any matter mentioned in paragraph 3 of Schedule 3; and

(b) that further information is reasonably required to give proper consideration to the likely environmental effects of the proposed development,

they or he shall notify the applicant or appellant in writing and the applicant or appellant shall provide that further information.

(2) The Secretary of State, the reporter, or the planning authority may in writing require to be produced to them such evidence, in respect of any environmental statement which it falls to them to take into consideration, as they may reasonably call for to verify any information it contains.

Provision of relevant information

23.  Any authority, body or person mentioned in Schedule 4 who have been informed under regulation 8 or 15 that a person is proposing to make or has made an application to which regulation 6 applies and the planning authority themselves shall, if requested by the applicant or appellant, or may without any such request, enter into consultation with him with a view to ascertaining whether they have any information in their possession which he or they consider relevant to the preparation of the environmental statement and shall make any such information available to him.

Intimation of decision

24.  Where, after taking into consideration environmental information, an application for planning permission has been determined by a planning authority or the Secretary of State, they or he shall inform of their decision in addition to the applicant—

(a) the Secretary of State or the planning authority respectively;

(b) all the authorities, bodies or persons mentioned in Schedule 4 who have been consulted about the environmental statement; and

(c) those persons mentioned in regulation 16(4).

Development by planning authorities

Development by planning authority

25.—(1) Before a planning authority take any action under regulation 4 of the 1981 Regulations, they shall consider whether, if the proposed development were the subject of an application for planning permission, it would be an application to which regulation 6 applies and shall consult such of the authorities, bodies or persons mentioned in Schedule 4 as they consider appropriate.

(2) Any consultation under paragraph (1) shall be accompanied by—

(a) a plan sufficient to identify the land on which the proposed development would be carried out; and

(b) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment.

(3) Subject to any direction by the Secretary of State, where the planning authority consider that their proposed development would be an application to which regulation 6 applies, they shall prepare an environmental statement in respect of the proposed development.

Provision of information to planning authority

26.  In preparing an environmental statement the planning authority shall inform the authorities, bodies and persons mentioned in Schedule 4 that they are doing so and any authority, body or person so informed shall make available to the planning authority any information in their possession which they or the planning authority consider relevant to the preparation of the environmental statement.

Publicity for environmental statement prepared by planning authority

27.—(1) After an environmental statement has been prepared, the planning authority shall—

(a) place a copy of the environmental statement in Part I of the register together with the copy of the notice of intention to develop required to be placed there by regulation 8 of the 1981 Regulations;

(b) make available copies of the environmental statement for inspection by, and sale to, the public; and

(c) in addition to publishing a notice in a local newspaper under regulation 4(1) of the 1981 Regulations, publish such a notice in the Edinburgh Gazette.

(2) The notice to be so published shall contain in addition to the information specified in regulation 4(1) of the 1981 Regulations, a statement—

(a) that an environmental statement has been prepared;

(b) that copies of the environmental statement may be inspected and acquired at the same address and times as the plans of the proposed development may be inspected;

(c) of the cost of a copy of the environmental statement; and

(d) that representations may be made in writing to the planning authority within 4 weeks of the later date of publication under paragraph (1)(c) where the notices were not published on the same day.

(3) In addition to the consultations carried out under regulation 4(2)(b) of the 1981 Regulations, the planning authority shall consult the authorities, bodies or persons listed in Schedule 4 on the environmental statement, shall send each of them a copy thereof and shall inform them that they may make representations.

(4) The information to be provided by the planning authority, when complying under regulation 4(2)(c) of the 1981 Regulations with the requirements of any development order or direction, shall include information to the same effect as is specified in sub-paragraphs (a) to (d) of paragraph (2) of this regulation.

Granting of planning permission to planning authority

28.—(1) No planning permission shall be deemed to have been granted under regulation 5(1) of the 1981 Regulations where, if the proposed development were the subject of an application for planning permission, it would be an application to which regulation 6 applies.

(2) Where paragraph (1) applies, the provisions of regulation 6 of the 1981 Regulations shall apply as if the proposed development were one of the classes of case specified in paragraph (1) of regulation 6 of the 1981 Regulations.

(3) When complying with the provisions of regulation 6 of the 1981 Regulations in respect of a proposed development to which paragraph (1) of this regulation applies, the planning authority shall accompany their notice of intention to develop with a copy of the environmental statement.

Intimation of decision

29.  Where the Secretary of State under section 32 grants planning permission for development by a planning authority or planning permission is deemed to have been granted under regulation 6(3) of the 1981 Regulations, the Secretary of State shall inform the authorities, bodies or persons consulted under regulation 27(3) of the decision.

Referral of application to regional planning authority

Referral of application to regional planning authority

30.—(1) Where a regional planning authority exercise their powers under section 179 of the Local Government (Scotland) Act 1973(9) to have referred to them an application to which regulation 6 applies—

(a) the provisions of these Regulations other than regulation 7 shall apply to a regional planning authority as they apply to a planning authority;

(b) section 179(6) of the said 1973 Act shall have effect as if the period of 3 months referred to therein were a period of 4 months.

(2) In the application of these Regulations by a regional planning authority—

(a) in regulations 13(1) and 14(1) the words “the date of receipt of the application” shall have effect as if they referred to the date when the application was received to the regional planning authority;

(b) where it appears to the regional planning authority that a copy of the environmental statement has not been placed in Part I of the register in accordance with regulation 18(1)(a), the planning authority from which the application has been referred shall continue to comply with regulation 18(1)(a).

General

Application to the Court of Session

31.  For the purposes of sections 231 and 233, the references in section 233(1)(b) and (2) to action on the part of the Secretary of State which is not within the powers of the Act shall be taken to extend to a grant of planning permission by the Secretary of State in breach of the prohibition imposed by regulation 6.

Service of notices, etc.

32.  Any notice or other document to be sent, served or given under these Regulations may be served or given in a manner specified in section 269.

PART III ELECTRICITY APPLICATIONS

Application

33.  This Part of these Regulations applies in any case where an electricity application is received by the Secretary of State on or after 15th July 1988.

Interpretation

34.  In this Part of these Regulations, unless the contrary intention appears—

• “annex 1 application” or “annex 2 application” means an application for consent or approval under—

  (a)

  the Electricity (Supply) Acts 1882-1936(10);

  (b)

  the Schedule to the Electric Lighting (Clauses) Act 1899(11); or

  (c)

  the Electricity (Scotland) Act 1979(12),

  in respect of development of any description in paragraph 2 of Schedule 1 or in paragraph 3 of Schedule 2 respectively;

• “electricity application” means an annex 1 application or an annex 2 application.

Consent and annex 1 and annex 2 applications

35.—(1) This regulation applies to—

(a) an annex 1 application; or

(b) an annex 2 application where the proposed development shall be likely to have significant effects on the environment by virtue inter alia of its nature, size or location;

except where it is exempt development.

(2) The Secretary of State shall not grant consent or approval in respect of an electricity application to which this regulation applies unless he has taken into consideration environmental information in respect of the proposed development.

(3) Subject to any direction by the Secretary of State, for the purposes of paragraph (1)(b) a proposed development shall only be taken to be likely to have significant effects on the environment by virtue inter alia of its nature, size or location where the applicant and the planning authority accept that this is the case.

Directions by the Secretary of State

36.  The Secretary of State, whether called upon to do so or not, may direct in respect of a particular electricity application—

(a) that consideration of environmental information is or is not required in terms of regulation 35(2); or

(b) that the application shall as regards the whole or any part thereof be exempt from these Regulations, which direction shall include a statement of his reasons therefor.

Annex 1 or annex 2 application to Secretary of State without environmental statement

37.—(1) Where it appears to the Secretary of State that an electricity application is an application to which regulation 35 applies, but it is not accompanied by an environmental statement, the Secretary of State shall within 4 weeks beginning with the date of receipt of the application or such longer period as he may reasonably require, and having consulted the planning authority, notify the applicant in writing—

(a) of his view and that without taking into consideration environmental information he may not grant consent or approval;

(b) of his view that the applicant should provide an environmental statement; and

(c) that the authorities, bodies and persons mentioned in Schedule 4, as may appear to the Secretary of State to be relevant, are required to make available to the applicant such information as they have in their possession which the applicant or they consider relevant to the preparation of the environmental statement,

and the Secretary of State shall also inform the authorities, bodies and persons mentioned in Schedule 4 as may appear to him to be relevant—

(i) of the application and the requirement for an environmental statement; and

(ii) that they may be required to make available to the applicant in accordance with regulation 44 any information in their possession which the applicant or they consider relevant to the preparation of the environmental statement.

(2) The applicant may within 4 weeks beginning with the date of notification—

(a) inform the Secretary of State and the planning authority in writing that he will provide an environmental statement;

(b) apply to the Secretary of State in accordance with regulation 38 for a direction under regulation 36(a), notwithstanding any view already expressed by the Secretary of State, as to whether consideration of environmental information is required; or

(c) apply to the Secretary of State in accordance with regulation 38 for a direction under regulation 36(b) that the application should, as regards the whole or any part thereof, be exempt from these Regulations.

(3) If the applicant takes no action under paragraph (2) or states that he does not intend to provide an environmental statement, his application shall be deemed to have been withdrawn at the end of the period mentioned in that paragraph.

Application for direction to the Secretary of State

38.—(1) An application to the Secretary of State under regulation 37(2)(b) or (c) for a direction shall be accompanied by—

(a) a copy of the applicant’s electricity application;

(b) a copy of any document relating to the electricity application;

(c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment;

(d) a copy of any view expressed by the Secretary of State under regulation 37(1); and

(e) any representations which the applicant wishes to make.

(2) At the same time as applying for a direction from the Secretary of State, the applicant shall send to the planning authority a copy of his application for a direction and of all other documents specified in paragraph (1).

(3) The planning authority may within 2 weeks of the date of the receipt of the documents sent to them under paragraph (2) make written comments to the Secretary of State on any matter relating to the application for a direction, and in so doing shall send a copy of such comments to the applicant.

(4) Where the Secretary of State considers that the documents put before him do not provide him with sufficient information to enable him to give a direction, the applicant and, as appropriate, the planning authority shall supply him with such further information as he may request, and the supplier of the information shall at the same time send a copy of that information to the planning authority or to the applicant, as appropriate.

(5) If on the expiry of 4 weeks from the receipt by the Secretary of State of the application referred to in paragraph (1) (or such longer period as the Secretary of State may, during the said 4 weeks, or any period so extended, notify in writing to the applicant and the planning authority) the Secretary of State does not issue a direction, he shall be deemed to have directed that consideration of environmental information shall be required.

Procedure following direction

39.  Where the Secretary of State makes any direction under regulation 36, he shall send a copy of the direction to the applicant and to the planning authority, and to such other persons as he considers appropriate, together with documents sufficient to identify the land and the proposed development to which the direction relates; and where the Secretary of State has made a direction under regulation 36(b), the planning authority shall make a copy of the direction and the related documents available for inspection by the public at all reasonable hours.

Publicity for environmental statement

40.—(1) In respect of an electricity application to which regulation 35 applies, when the applicant submits an environmental statement to the Secretary of State the applicant shall send a copy to the planning authority, together with sufficient additional copies to enable the planning authority to comply with paragraph (1) of regulation 42, and shall issue a public notice to the effect that—

(a) an environmental statement in respect of a particular electricity application has been prepared;

(b) the statement may be inspected for a period of 4 weeks at a specified address in the locality of the land affected by the application;

(c) a copy of the statement may be acquired at a specified address and at a specified cost; and

(d) that representations may be made in writing in respect of the statement, and sent to the Secretary of State at a specified address within 4 weeks of the date of publication or notice made in accordance with paragraph (2).

(2) The public notice under paragraph (1) may be—

(a) by advertisement in one or more local newspapers circulating in the area of the land to which the application relates, and in the Edinburgh Gazette; or

(b) included in the first notice which the applicant makes in terms of the Electricity (Publication of Applications) (Scotland) Regulations 1958(13).

(3) The applicant shall send a copy of the notice or advertisement as appropriate to the Secretary of State and the planning authority.

(4) The Secretary of State shall send to the planning authority a copy of any representations received.

(5) Where apart from these Regulations notice in respect of an electricity application is required to be given to an authority, body or person and in respect of any such application an environmental statement has been submitted to the Secretary of State, a copy of the statement shall also be supplied to that authority, body or person as appropriate.

Copies of environmental statement for the public

41.  Where an environmental statement is provided in relation to an electricity application, the applicant shall ensure that a reasonable number of copies of the statement are available at the address named in his public notice made under regulation 40 as the address at which copies may be obtained.

Consultation where planning authority notified of environmental statement

42.—(1) In respect of an electricity application to which regulation 35 applies, when a planning authority receive an environmental statement they shall consult by letter all relevant authorities, bodies or persons mentioned in Schedule 4 regarding the statement.

(2) Where any relevant authority, body or person which a planning authority are required to consult under this regulation consider that consultation with them is not required in respect of an environmental statement relating to a particular electricity application, or class of electricity application, or relating to any specified area, they shall so inform the planning authority in writing and notwithstanding the foregoing provisions of this regulation the planning authority shall not be required so to consult them.

(3) Those consulted may make representations within 4 weeks from the date of the letter under paragraph (1) before the expiry of which period the planning authority shall not consider the environmental statement.

(4) On the expiry of the period stated in paragraph (3) the planning authority shall consider the environmental statement together with the representations from those consulted and the representations received under regulation 40(4) and shall make a report thereon.

(5) The planning authority shall within 16 weeks from the date of the receipt of the environmental statement under paragraph (1) send to the Secretary of State a copy of their report and of the representations received from those consulted under paragraph (1).

(6) In making his determination in respect of an electricity application to which regulation 35 applies, the Secretary of State shall consider the environmental statement provided by the applicant, the report received under paragraph (5) and any representations received.

Further information and evidence relating to environmental statement

43.—(1) The Secretary of State, when considering an electricity application in relation to which an environmental statement has been provided, may in writing require the applicant to provide such further information as he may specify to enable the application to be determined, or concerning any matter which is required to be dealt with in the environmental statement; and where in the opinion of the Secretary of State—

(a) the applicant could (having regard in particular to current knowledge and methods of assessment) provide further information about any matter mentioned in paragraph 3 of Schedule 3; and

(b) that further information is reasonably required to give proper consideration to the likely environmental effects of the proposed development,

he shall notify the applicant in writing, and the applicant shall provide that further information.

(2) The Secretary of State may in writing require the applicant to produce to him such evidence, in respect of any environmental statement which it falls to him to take into consideration, as he may reasonably call for to verify any information it contains.

Provision of relevant information

44.  Any authority, body or person mentioned in Schedule 4 who have been informed under regulation 37 that an electricity application to which regulation 35 applies has been made without an environmental statement shall, if requested by the applicant, or may, without any such request, enter into consultation with him with a view to ascertaining whether they have any information in their possession which the applicant or they consider relevant to the preparation of the environmental statement, and shall make any such information available to the applicant.

Intimation of decision

45.—(1) Where, after taking into consideration environmental information, an electricity application has been determined by the Secretary of State, he shall inform of his decision in addition to the applicant—

(a) the planning authority; and

(b) all authorities, bodies or persons consulted under regulation 42.

(2) On the determination referred to in paragraph (1) being received by the planning authority, they shall make a copy of the determination available for public inspection at their offices within reasonable hours.

PART IV SPECIFIC DEVELOPMENTS IN NEW TOWNS

Application

46.  This Part of these Regulations applies in any case where a specific development application is made to a development corporation on or after 15th July 1988, or where a development corporation first proposes on or after that date to carry out a specific development.

Interpretation

47.  In this part of these Regulations, unless the contrary intention appears—

• “annex 1 application” or “annex 2 application” means an application for authorisation under a special order in respect of development of any description in Schedule 1 or 2 respectively;

• “development corporation” means a corporation established by order made, or having effect as if made, under section 2 of the New Towns (Scotland) Act 1968(14);

• “special order” means an order made, or having effect as if made, under section 21 of the Town and Country Planning (Scotland) Act 1972(15) and section 6(2) of the New Towns (Scotland) Act 1968;

• “specific development” means any particularised project or development, which is development of any description in Schedule 1 or 2, to be carried out by the development corporation in accordance with proposals approved by the Secretary of State under section 6(1) of the New Towns (Scotland) Act 1968, or by any person in circumstances where the carrying out of development by that person is deemed under a special order to be the carrying out of development by the development corporation;

• “specific development application” means an annex 1 application or an annex 2 application.

Authorisation and annex 1 and annex 2 applications

48.—(1) This regulation applies to—

(a) an annex 1 application; or

(b) an annex 2 application where the proposed specific development shall be likely to have significant effects on the environment by virtue inter alia of its nature, size or location;

except where it is exempt development.

(2) The development corporation shall not carry out a specific development, nor shall they grant authorisation of a specific development to which this regulation applies, unless they have taken into consideration environmental information in respect of the proposed specific development.

(3) Subject to any direction by the Secretary of State, for the purposes of paragraph (1)(b) a proposed specific development shall only be taken to be likely to have significant effects on the environment by virtue inter alia of its nature, size or location where the applicant and the development corporation accept that this is the case.

Directions by the Secretary of State

49.  The Secretary of State, whether called upon to do so or not, may direct in respect of a particular specific development application, or in respect of a particular specific development proposed to be carried out by the development corporation—

(a) that consideration of environmental information is or is not required in terms of regulation 48(2); or

(b) that the application or the proposed specific development shall be exempt as regards the whole or any part thereof from these Regulations, which direction shall include a statement of his reasons therefor.

Annex 1 or annex 2 application to development corporation without environmental statement

50.—(1) Where it appears to the development corporation that a specific development application is an application to which regulation 48 applies, but it is not accompanied by an environmental statement, they shall within 4 weeks beginning with the date of receipt of the application or such longer period as they may reasonably require notify the applicant in writing—

(a) of their view that without taking into consideration environmental information they may not grant authorisation in respect of the proposed development;

(b) of their view that the applicant should provide an environmental statement;

(c) that the authorities, bodies and persons mentioned in Schedule 4, as may appear to the development corporation to be relevant, are required to make available to him such information as they have in their possession which he or they consider relevant to the preparation of the environmental statement,

and the development corporation shall also inform the authorities, bodies and persons mentioned in Schedule 4 as may appear to them to be relevant—

(i) of the application and the requirement for an environmental statement; and

(ii) that they may be required to make available to the applicant in accordance with regulation 55 any information in their possession which he or they consider relevant o the preparation of the environmental statement.

(2) The applicant may within 4 weeks beginning with the date of notification—

(a) inform the development corporation in writing that he will provide an environmental statement;

(b) apply to the Secretary of State in accordance with regulation 61 for a direction under regulation 49(a) as to whether consideration of environmental information is required; or

(c) apply to the Secretary of State in accordance with regulation 61 for a direction under regulation 49(b) that the application should, as regards the whole or any part thereof, be exempted from these Regulations.

(3) If the applicant takes no action under paragraph (2) or states that he does not intend to provide an environmental statement, his application shall be deemed to have been withdrawn at the end of the period mentioned in that paragraph.

Publicity for environmental statement

51.—(1) In respect of a specific development application to which regulation 48 applies, when the applicant submits an environmental statement to the development corporation he shall serve on any person who holds a notifiable interest in neighbouring land, or to such other person, if any, appearing to the development corporation to have an interest as the development corporation in that particular instance may specify, a notice stating—

(a) that the environmental statement may be inspected in the offices of the development corporation for the period of 4 weeks from the date of said notice;

(b) the address at which copies of the environmental statement may be acquired;

(c) the cost of a copy of the environmental statement; and

(d) that representations may be made in respect of the statement, and sent to the development corporation at a specified address within 4 weeks of the date on which the said notice was delivered.

(2) The persons holding a notifiable interest in neighbouring land are the owners, lessees and occupiers of the land.

(3) When the applicant submits an environmental statement, he shall also publish as soon as possible thereafter a notice (containing similar information to that required to be included in a notice served in accordance with paragraph (1)) in one or more local newspapers circulating in the area of the proposed specific development and in the Edinburgh Gazette.

(4) The applicant shall also send to the development corporation a copy of the notices which have been served and published in accordance with paragraphs (1) and (3) respectively.

(5) An environmental statement shall not be considered by a development corporation unless its accompanied by a certificate stating—

(a) (i) that notices have been served in accordance with paragraph (1); or

(ii) that notification in accordance with paragraph (1)

is required; or

(iii) that the applicant has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the parties holding a notifiable interest in neighbouring land, and either—

(a) that the names and addresses of the parties holding a notifiable interest in neighbouring land have not been ascertained and no notice has been served in terms of paragraph (1); or

(b) that notices have been served in terms of paragraph (1) on one or more of the parties holding a notifiable interest in neighbouring land but that the names and addresses of the other parties holding a notifiable interest have not been ascertained;

(b) where appropriate the names and addresses of all those parties having a notifiable interest in neighbouring land, and of all others specified by the development corporation as having an interest in the specific development, who have been notified in accordance with paragraph (1); and

(c) that publication in accordance with paragraph (3) has been made.

(6) For the purposes of this regulation “neighbouring land” has the same meaning as in article 2(1) of the general development order.

Copies of environmental statement for the public

52.  Where an environmental statement is provided in relation to an application for authorisation of a specific development, the applicant shall ensure that a reasonable number of copies of the statement are available at the address named in his notices, served or published under regulation 51, as the address at which copies may be obtained.

Consultation where environmental statement received by development corporation

53.—(1) Where a development corporation receive an environmental statement relating to a specific development application to which regulation 48 applies, they shall—

(a) make available for public inspection at their offices within reasonable hours a copy of the application, of any plans and other documents sent with it, and of the environmental statement;

(b) send to the Secretary of State a copy of the application, of any plans and other documents sent with it, and of the environmental statement; and

(c) consult those authorities, bodies or persons mentioned in Schedule 4, which appear to the development corporation to be relevant, about the application and the statement.

(2) Where an applicant submits an environmental statement to the development corporation, he shall let them have enough copies of the statement or relevant parts thereof to enable them to comply with paragraph (1)(c) of this regulation and 3 additional copies.

(3) Where under this regulation a development corporation consult any authority, body or person about any environmental statement, they shall give not less than 4 weeks' notice to such authority, body or person that environmental information is to be taken into consideration, and shall not take the environmental information into consideration until after the expiry of the period of such notice.

(4) Where any relevant authority, body or person which a development corporation are required to consult under this regulation consider that consultation with them is not required in respect of an environmental statement relating to a specific development application or class of specific development application, or relating to any specified area, they shall so inform the development corporation in writing and notwithstanding the foregoing provisions of this regulation the development corporation shall not be required so to consult them.

Further Information and evidence relating to environmental statements

54.—(1) The development corporation, when considering a specific development application in relation to which an environmental statement has been provided, may in writing require the applicant to provide such further information as they may specify to enable the application to be determined, or to enable them to take fully into consideration any matter which under these Regulations is required to be dealt with in the environmental statement; and where in the opinion of the development corporation—

(a) the applicant could (having regard in particular to current knowledge and methods of assessment) provide further information about any matter mentioned in paragraph 3 of Schedule 3; and

(b) that further information is reasonably required to give proper consideration to the likely environmental effects of the proposed development,

they shall notify the applicant in writing, and he shall provide that further information.

(2) The development corporation may in writing require the applicant to produce to them such evidence, in respect of any environmental statement which it falls to them to take into consideration, as they may reasonably call for to verify any information it contains.

Provision of relevant information

55.  Any authority, body or person mentioned in Schedule 4 who have been informed under regulation 50 that a specific development application to which regulation 48 applies has been made without an environmental statement shall, if requested by the applicant, or may, without any such request, enter into consultation with him with a view to ascertaining whether they have any information in their possession which he or they consider relevant to the preparation of the environmental statement, and shall make any such information available to him.

IntimatIon of decision

56.—(1) Where, after taking into consideration environmental information, an application for authorisation of a specific development has been determined by a development corporation, they shall inform of their decision in addition to the applicant—

(a) the Secretary of State;

(b) all authorities, bodies and persons consulted under regulation 53; and

(c) those parties mentioned in regulation 5I(5)(b).

(2) On making the determination referred to in paragraph (1), the development corporation shall also make a copy of their decision available for public inspection at their offices within reasonable hours.

Specific development by development corporation

57.—(1) Before the development corporation carries out work on a specific development, they shall consider whether if it were the subject of a specific development application it would be an application to which regulation 48 applies and shall consult such of the authorities, bodies or persons mentioned in Schedule 4 as they consider appropriate.

(2) Any consultation under paragraph (1) shall be accompanied by—

(a) a plan sufficient to identify the land on which the proposed specific development would be carried out; and

(b) a brief description of the nature and purpose of the proposed specific development and of its possible effects on the environment.

(3) Subject to any direction by the Secretary of State, where the development corporation consider that the proposed specific development, if it were the subject of a specific development application, would be an application to which regulation 48 applies, the development corporation shall prepare an environmental statement in respect of the proposed specific development.

(4) Where the development corporation consider that the proposed specific development, if it were the subject of a specific development application, would not be an application to which regulation 48 applies, they shall inform the Secretary of State of their view before carrying out work on the specific development.

Provision of informatIon to development corporation

58.  In preparing an environmental statement, the development corporation shall inform such authorities, bodies and persons mentioned in Schedule 4, as appear to them to be relevant, that they are doing so and any authority, body or person so informed shall make available to the development corporation any information in their possession which they or the development corporation consider relevant to the preparation of the environmental statement.

Publicity for environmental statement prepared by development corporation

59.—(1) When an environmental statement has been prepared by the development corporation—

(a) they shall provide a copy thereof to, and serve a notice in accordance with paragraph (2) on—

(i) the Secretary of State;

(ii) each authority, body or person mentioned in Schedule 4, as appears relevant to the development corporation;

(iii) any person who holds a notifiable interest in neighbouring land; and

(iv) such other person, if any, appearing to the development corporation to have an interest; and

(b) they shall publish in one or more local newspapers circulating in the area of the proposed specific development, and in the Edinburgh Gazette, a notice in accordance with paragraph (2).

(2) The notice required to be served or published under paragraph (1) shall contain a statement to the effect that—

(a) the development corporation propose to undertake a specific development, giving a brief description of the nature and purpose of the proposed development and identifying the land on which the proposed development would be carried out;

(b) an environmental statement has been prepared;

(c) copies of the environmental statement may be inspected and acquired within certain hours at the offices of the development corporation;

(d) copies of the environmental statement may be bought at a specified cost; and

(e) representations may be made in writing to the development corporation within 4 weeks of the date of service of the notice or of the publication containing the notice, whichever is appropriate.

(3) Where paragraph (1) applies, the development corporation shall also make available within reasonable hours at their offices copies of the environmental statement for inspection by and sale to the public.

(4) The persons holding a notifiable interest in neighbouring land are the owners, lessees and occupiers of the land; and for the purposes of this regulation “neighbouring land” has the same meaning as in article 2(1) of the general development order.

Intimation of decision on proposed specific development by development corporation

60.—(1) Where, after taking into consideration environmental information, the development corporation have made a determination in respect of a proposed specific development to be carried out by themselves, they shall inform of their decision—

(a) the Secretary of State; and

(b) all other authorities, bodies and persons consulted or notified under regulation 57 and regulation 59(1) respectively.

(2) On making the determination referred to in paragraph (1), the development corporation shall also make a copy of their decision available for public inspection at their offices within reasonable hours.

Application for direction to the Secretary of State

61.—(1) An application to the Secretary of State under regulation 50(2)(b) or (c) for a direction shall be accompanied by—

(a) a copy of the applicant’s specific development application;

(b) a copy of any document relating to that application;

(c) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment;

(d) a copy of the development corporation’s opinion under regulation 50(1); and

(e) any representations which the applicant wishes to make.

(2) On the date on which an application is made to the Secretary of State for a direction under regulation 50(2)(b) or (c), the applicant shall send to the development corporation a copy of—

(a) his letter to the Secretary of State; and

(b) any representations he has made;

and the development corporation may within 4 weeks beginning with that date make written comments to the Secretary of State on any issue relating to the application.

(3) Where, in respect of a proposed specific development to be carried out by the development corporation under regulation 57, the Secretary of State notifies the development corporation that he intends to make a direction in accordance with regulation 49, or the development corporation applies to him to make such a direction, the development corporation shall provide the Secretary of State with—

(a) a plan sufficient to identify the land on which the proposed specific development would be carried out;

(b) a description of the nature and purpose of the proposed specific development and of its likely effects on the environment;

(c) a copy of any opinion received from an authority, body or person mentioned in Schedule 4 whom the development corporation have consulted; and

(d) any representations which the development corporation wish to make.

(4) Where the Secretary of State considers that the documents put before him do not provide him with sufficient information to enable him to give a direction, the applicant or the development corporation, as appropriate, shall supply him with such further information as he may request, and the supplier of the information shall at the same time send a copy of that information, as appropriate, to the development corporation or the applicant.

(5) If on the expiry of 8 weeks from the date of the receipt by the Secretary of State of the application referred to in paragraph (1) or in paragraph (3) (or such longer period as the Secretary of State may, during the said 8 weeks, or any period so extended, notify in writing to the applicant and the development corporation, in the case of an application referred to in paragraph (1), or to the development corporation, in the case of an application referred to in paragraph (3)) the Secretary of State does not issue a direction, he shall be deemed to have directed that consideration of environmental information shall be required.

Procedure following direction

62.  Where the Secretary of State makes any direction under regulation 49, he shall send a copy of the direction to the applicant and to the development corporation, or to the development corporation, and to such other persons as he considers appropriate, as may be relevant, together with documents sufficient to identify the land and the proposed specific development to which the direction relates; and the development corporation shall make a copy of the direction and the related documents available for inspection by the public at all reasonable hours.

PART V DRAINAGE WORKS

Application

63.  This Part of these Regulations applies to proposed drainage works which are likely to have a significant effect on the environment by virtue inter alia of their nature, size or location and for which authority under the Land Drainage (Scotland) Act 1958(16) to execute these works is sought from the Secretary of State on or after 15th July 1988.

Interpretation

64.—(1) In this Part of these Regulations, unless the contrary intention appears—

(a) “the Act” means the Land Drainage (Scotland) Act 1958;

“improvement order” means an order made by the Secretary of State in accordance with the First Schedule to the Act;

“local authority” means any regional, islands or district council;

“statutory body” means any body exercising functions conferred on it by or under any enactment;

(b)

the following phrases have the meanings assigned to them by section 18(1) of the Act—

(i)

“agricultural land”;

(ii)

“drainage works”; and

(iv)

“owner”

(2) For the purposes of this Part of these Regulations drainage works “likely to have a significant effect on the environment by virtue inter alia of their size, nature and location” means drainage works which require to be authorised under the Act and to which objections by local authorities or statutory bodies on environmental grounds have not been withdrawn or remain unresolved.

Prohibition on making an improvement order without consideration of environmental information

65.  The Secretary of State shall not make an improvement order authorising drainage works which are likely to have a significant effect on the environment by virtue inter alia of their nature, size or location unless he has taken into consideration environmental information in respect of the proposed works.

Provision of information

66.  In preparing an environmental statement the owner of agricultural land shall consult the local authorities and statutory bodies affected by the drainage works, including, where appropriate, the authorities and bodies listed in Schedule 4, who shall make available to him any relevant information in their possession.

Submission and publication of environmental statement

67.—(1) When an owner of agricultural land applies under section 1 of the Act to the Secretary of State for an improvement order authorising drainage works likely to have a significant effect on the environment by virtue inter alia of their nature, size or location, he shall submit an environmental statement to the Secretary of State.

(2) Where an environmental statement is submitted in relation to an application for an improvement order, the Secretary of State shall notify and publicise the environmental statement in the same manner as a draft improvement order under paragraph 1 of the First Schedule to the Act for the purpose of obtaining comments.

Further information respecting environmental statement

68.  The Secretary of State, when dealing with an application referred to in regulation 67(1) which is accompanied by an environmental statement, may in writing require the owner of the agricultural land to provide such further information as he may specify to enable the application for an improvement order to be determined, or concerning any matter which is required to be dealt with in his environmental statement and where in the opinion of the Secretary of State—

(a) the owner of the agricultural land could (having regard in particular to current knowledge and methods of assessment) provide further information about any matter mentioned in paragraph 3 of Schedule 3; and

(b) that further information is reasonably required to give proper consideration to the likely environmental effects of the proposed development,

he shall notify the owner in writing, and the owner shall provide that further information.

PART VI AMENDMENTS OF THE ROADS (SCOTLAND) ACT 1984

General

69.  The Roads (Scotland) Act 1984(17) shall be amended in accordance with regulations 70 to 74 below.

New section 20A

70.  The following section shall be inserted after section 20:—

“Environmental assessment of certain road construction projects

20A.— (1) In any case where the Secretary of State has under consideration the construction of a new road, he shall determine before the relevant date whether or not the project falls within Annex I or Annex II to Council Directive No 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

(2) If he determines that the project falls within Annex I, or that it falls within Annex II and has such characteristics that it should be made subject to an environmental assessment, he shall publish not later than the relevant date an environmental statement, that is, a statement containing the information referred to in Annex III to the Directive to the extent that he considers—

(a) that it is relevant to the specific characteristics of the project and of the environmental features likely to be affected by it; and

(b) that (having regard in particular to current knowledge and methods of assessment) the information may reasonably be gathered, including at least—

(i) a description of the project comprising information on the site, design and size of the project;

(ii) a description of the measures envisaged in order to avoid, reduce and, if possible, remedy significant adverse effects;

(iii) the data required to identify and assess the main effects which the project is likely to have on the environment;

(iv) a non-technical summary of the information mentioned in paragraphs (i) to (iii) above.

(3) In this section “the relevant date” means the date of publication of the draft order, or draft scheme, relating to the construction of the road.

(4) If the Secretary of State publishes an environmental statement under this section, he shall ensure that the public concerned is given an opportunity to express an opinion before the project is initiated.

(5) If on completion of the project any part of the road would lie on, or within 100 metres of, land comprised—

(a) in a national scenic area designated under section 262C of the Town and Country Planning (Scotland) Act 1972;

(b) in a conservation area within the meaning of the said Act of 1972; or

(c) in an area notified under section 28 of the Wildlife and Countryside Act 1981 as an area of special scientific interest or in relation to which the Secretary of State has made an order under section 29 of that Act,

he shall ensure that the appropriate environmental body is given an opportunity to express an opinion before the project is initiated.

(6) In this Act “the appropriate environmental body” means—

(a) The Countryside Commission for Scotland, if the proposal relates to land falling within paragraph (a) of subsection (5) above;

(b) the planning authority, if it relates to land falling within paragraph (b); and

(c) the Nature Conservancy Council, if it relates to land falling within paragraph (c).

(7) This section does not apply where the draft order or draft scheme is published before the coming into force of the Environmental Assessment (Scotland) Regulations 1988.”.

New section 55A

71.  The following section shall be inserted after section 55:—

“Environmental assessment of certain road improvement projects

55A.— (1) In any case where the Secretary of State has under consideration—

(a) the making of an order such as is mentioned in paragraph 1 of Schedule 1 to this Act relating to the improvement of a road, or

(b) the improvement of a road without such an order,

he shall determine before the relevant date whether or not the project falls within Annex I or Annex II to Council Directive No 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

(2) If he determines that the project falls within Annex I, or that it falls within Annex II and has such characteristics that it should be made subject to an environmental assessment, he shall publish an environmental statement not later than the relevant date.

(3) In this section “the relevant date” means—

(a) in a case falling within paragraph (a) of subsection (1) above, the date of the publication of the draft order; and

(b) in a case falling within paragraph (b), the date of the publication of details of the project.

(4) If the Secretary of State publishes an environmental statement under this section, he shall ensure that the public concerned is given an opportunity to express an opinion before the project is initiated.

(5) If on completion of the project any part of the road would lie on, or within 100 metres of, land such as is mentioned in section 20A(5) of this Act, the Secretary of State shall ensure that the appropriate environmental body is given an opportunity to express an opinion before the project is initiated.

(6) In a case falling within subsection (1)(b) above, the Secretary of State—

(a) shall consider—

(i) the environmental statement;

(ii) any opinion expressed by a member of the public; and

(iii) if the statement relates to land such as is mentioned in section 20A(5) of this Act, any opinion expressed by the appropriate environmental body; and

(b) shall publish his decision as to whether or not to initiate the project.

(7) This section does not apply—

(a) where a draft order relating to an improvement is published before the coming into force of the Environmental Assessment (Scotland) Regulations 1988; or

(b) where the Secretary of State has under consideration before that date the making of an improvement without an order.”.

New definitions in section 151(1)

72.  The following definitions shall be inserted in section 151(1) at the appropriate places in alphabetical order:—

• ““appropriate environmental body” is to be construed in accordance with section 20A(6) of this Act;”;

““environmental assessment” means an assessment in accordance with Council Directive No 85/337/EEC:”; and

• ““environmental statement” has the meaning provided by section 20A(2) of this Act;”.

New paragraph 7(1A) in Schedule 1

73.  The following sub-paragraph shall be inserted after paragraph 7(1) of Schedule 1:—

“(1A) Where the Secretary of State has published an environmental statement, the matters to be considered before an order is made under this paragraph include—

(a) the statement;

(b) any opinion expressed by a member of the public; and

(c) if the statement relates to land such as is mentioned in section 20A(5) of this Act, any opinion expressed by the appropriate environmental body.”.

New paragraph 13(1A) in Schedule 1

74.  The following sub-paragraph shall be inserted after paragraph 13(1) of that Schedule:—

“(1A) Where the Secretary of State has published an environmental statement, the matters to be considered before a scheme is made include—

(a) the statement;

(b) any opinion expressed by a member of the public; and

(c) if the statement relates to land such as is mentioned in section 20A(5) of this Act, any opinion expressed by the appropriate environmental body.”.

PART VII GENERAL

Confidentiality

75.  Any authority, body or person required to provide information under these Regulations shall not be required to provide information which that authority, body or person is entitled or bound to hold in confidence.

Charges

76.—(1) A reasonable charge reflecting the costs of printing, copying and distribution may be made to the public for copies of an environmental statement made available to them under these Regulations and for copies of an environmental statement, in excess of one copy, required by an authority, body or person consulted under these Regulations.

(2) An authority, body or person required to supply information under these Regulations may make a reasonable charge reflecting the costs of making available information which they had in their possession.

Malcolm Rifkind

One of Her Majesty’s Principal Secretaries of State

St Andrew’s House,

Edinburgh

12th July 1988