The Environmental Assessment (Scotland) Regulations 1988

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(1) 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).

(1)

Section 34 was amended by the Local Government and Planning (Scotland) Act 1982 (c. 43), Schedule 2, paragraph 12 and by the Local Government (Scotland) Act 1973 (c. 65), section 172(2).