The Environmental Assessment (Scotland) Regulations 1988

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.