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Procedure to facilitate preparation of environmental statements
12.
- (1) Any person who intends to submit an environmental statement to the relevant planning authority or the Scottish Ministers under these Regulations may give notice in writing to that authority or the Scottish Ministers under this paragraph.
(2) A notice under paragraph (1) shall include the information necessary to identify the land and the nature and purpose of the development, and shall indicate the main environmental consequences to which the person giving the notice proposes to refer in his environmental statement.
(3) The recipient of-
(a) such notice as is mentioned in paragraph (1); or
(b) a written statement made pursuant to regulation 7(4)(a), 8(4) or 9(3),
shall-
(i) notify the consultation bodies in writing of the name and address of the person who intends to submit an environmental statement and of the duty imposed on the consultation bodies by paragraph (4) to make information available to that person; and
(ii) inform in writing the person who intends to submit an environmental statement of the names and addresses of the bodies so notified.
(4) Subject to paragraph (5), the relevant planning authority and any body notified in accordance with paragraph (3) shall, if requested by the person who intends to submit an environmental statement, enter into consultation with that person to determine whether the authority or body have in their possession any information which he or they consider relevant to the preparation of the environmental statement and, if they have, the authority or body shall make that information available to that person.
(5) Paragraph (4) shall not require the disclosure of information which is capable of being treated as confidential, or must be so treated, under regulation 4 of the Environmental Information Regulations 1992[16].
(6) A reasonable charge reflecting the cost of making the relevant information available may be made by any person who makes information available in accordance with paragraph (4).
CHAPTER 5
PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL STATEMENTS
Publicity for environmental statement
13.
- (1) In an EIA application, when the applicant or appellant submits to the Scottish Ministers or the relevant planning authority a statement which he refers to as an environmental statement for the purposes of these Regulations, 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 statement may be inspected in the office of the relevant planning authority for the period of 4 weeks from the date of the said notice;
(b) the address at which copies of the statement may be acquired;
(c) the cost of a copy of the 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) A statement such as is referred to in paragraph (1) shall not be taken into consideration by a planning authority or the Scottish Ministers unless it is accompanied by a certificate stating-
(a) that notices have been served in terms of paragraph (1);
(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 a statement such as is referred to in paragraph (1) is submitted, the relevant planning authority or the Scottish Ministers, 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 Scottish Ministers or 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 Scottish Ministers or the planning authority in arranging such advertisement at the time of submitting his statement.
(7) For the purposes of this regulation, "neighbouring land" has the same meaning as in article 2(1) of the general development order.
Consultation where environmental statement received by planning authority
14.
- (1) Where a planning authority receive in connection with an EIA application a statement which the applicant refers to as an environmental statement for the purposes of these Regulations, they shall-
(a) place a copy of the statement in Part I of the register together with a copy of the related application;
(b) send to the Scottish Ministers a copy of the application, and of any plans and other documents sent with it, and 3 copies of the statement; and
(c) send a copy of the statement to each consultation body, consult them about it and inform them that they may make representations.
(2) Where an applicant for planning permission submits a statement such as is referred to in paragraph (1) to the relevant 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) and 5 additional copies.
(3) Where under this regulation a planning authority consult any person about any statement, they shall give not less than 4 weeks' notice to such 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 person whom a planning authority are required to consult under this regulation considers that consultation with him is not required in respect of any statement relating to any case or class of case or relating to any specified area, he 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 him.
Copies of environmental statement for the Scottish Ministers
15.
Where a statement which the applicant refers to as an environmental statement for the purposes of these Regulations is provided in relation to an application for planning permission which is directed to be referred to the Scottish Ministers for determination, or is to be the subject of an appeal to them, the applicant or appellant shall provide the Scottish Ministers with 3 copies of the statement and, where relevant, the further information unless (in the case of a referred application) the planning authority have already forwarded 3 copies when referring the application.
Consultation where environmental statement received by the Scottish Ministers
16.
- (1) This regulation applies where the Scottish Ministers are taking into consideration environmental information relating to an EIA application which is being determined by them by virtue of section 46 or 47 and the environmental statement has not previously been submitted to the relevant planning authority.
(2) The provisions of regulation 14(1)(c), (2), (3) and (4) shall apply to the Scottish Ministers as they apply to the planning authority, as if references to the applicant include, where the case requires, references to the appellant.
(3) The Scottish Ministers shall consult the planning authority for the area in which is situated the land to which the application relates about the statement and shall send them 2 copies of it.
(4) When the planning authority receive 2 copies of the statement under paragraph (3), they shall place one copy in Part I of the register together with a copy of the related application.
Copies of environmental statement for the public
17.
Where a statement which the applicant refers to as an environmental statement for the purposes of these Regulations is provided in relation to an application for planning permission, the applicant or appellant shall ensure that a reasonable number of copies of the statement are available at the address named in the notices under regulation 13(1) as the address at which copies may be obtained.
Charges for copies of environmental statements
18.
A reasonable charge reflecting printing and distribution costs may be made to a member of the public for a copy of a statement made available in accordance with regulation 17.
Further information and evidence relating to environmental statements
19.
- (1) The Scottish Ministers or the relevant planning authority, when dealing with an application or appeal in relation to which a statement which the applicant or appellant refers to as a environmental statement for the purposes of these Regulations 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 Scottish Ministers or the relevant planning authority-
(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 Schedule 4; 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 or appellant in writing and the applicant or appellant shall provide that further information (and such further information provided by the applicant or appellant is referred to in these Regulations as "further information").
(2) Where further information is required in accordance with paragraph (1), except insofar as such further information-
(a) is required to be provided for the purposes of a local inquiry held under the Act and the written requirement for such further information states that it is to be provided for such purposes, or
(b) is required to be provided for the purposes of an appeal under section 130,
regulations 14 and 16 to 18 shall apply to the submission of such further information as they apply to the submission of an environmental statement (subject to any necessary modifications) and regulation 13 shall similarly apply subject to substitution, in paragraph (1), of "in Schedule 6" in place of "in Schedule 5".
(3) The Scottish Ministers or the relevant 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.
CHAPTER 6
AVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS
Availability of opinions, directions etc. for inspection
20.
- (1) Where particulars of a planning application are placed on Part I of the register, the relevant planning authority shall take steps to secure that there is also placed on that Part a copy of any relevant-
(a) screening opinion;
(b) screening direction;
(c) scoping opinion;
(d) scoping direction;
(e) notification given under regulation 7(2), 8(2) or 9(2);
(f) direction under regulation 4(4);
(g) environmental statement, including any further information;
(h) statement of reasons accompanying any of the above.
(2) Where the relevant planning authority-
(a) adopt a screening opinion or scoping opinion; or
(b) receive-
(i) a request under regulation 10(1) or 11(2); or
(ii) a copy of a screening direction, scoping direction, or direction under regulation 4(4),
before an application is made for planning permission for the development in question, the authority shall take steps to secure that a copy of the opinion, request, or direction and any accompanying statement of reasons is made available for public inspection at all reasonable hours at the place where the appropriate register (or relevant section of that register) is kept.
(3) Documents made available under paragraph (2) shall remain so available for a period of two years.
Duties to inform the public and the Scottish Ministers of final decisions
21.
- (1) Where an EIA application is determined by a planning authority, the authority shall-
(a) in writing, inform the Scottish Ministers and the consultation bodies of the decision;
(b) inform the public of the decision (and of where the statement referred to in sub-paragraph (c) may be inspected), by publishing a notice in a newspaper circulating in the locality in which the land is situated, or by such other means as are reasonable in the circumstances; and
(c) make available for public inspection at the place where the appropriate register (or relevant section of that register) is kept a statement containing-
(i) the content of the decision and any conditions attached thereto;
(ii) the main reasons and considerations on which the decision is based; and
(iii) a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development.
(2) Where an EIA application is determined by the Scottish Ministers, they shall-
(a) notify the relevant planning authority and the consultation bodies of the decision; and
(b) provide the authority with such a statement as is mentioned in paragraph (1)(c).
(3) The relevant planning authority shall, as soon as reasonably practicable after receipt of a notification under paragraph (2)(a), comply with sub-paragraphs (b) and (c) of paragraph (1) in relation to the decision so notified as if it were a decision of the authority.
CHAPTER 7
DEVELOPMENT BY PLANNING AUTHORITIES
Development by planning authority - preliminary
22.
- (1) Before a planning authority take any action under regulation 4 of the 1981 Regulations in respect of development which appears to them to be Schedule 1 or Schedule 2 development, they shall-
(a) consult such of the consultation bodies as they consider appropriate and then adopt a screening opinion; or
(b) request the Scottish Ministers in writing to make a screening direction.
(2) Where a planning authority are minded to undertake development which appears to them to be Schedule 1 or Schedule 2 development and which they consider may be development-
(a) of a description specified in Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992[17] (other than development of a description specified in article 3(10) of that Order); or
(b) for which permission would be granted but for regulation 27(1),
they shall-
(i) consult such of the consultation bodies as they consider appropriate and then adopt a screening opinion; or
(ii) request the Scottish Ministers in writing to make a screening direction.
(3) Any approach for consultation or request to the Scottish Ministers under paragraph (1) or (2) shall be accompanied by-
(a) a plan sufficient to identify the land on which the development would be carried out;
(b) a brief description of the nature and purpose of the development and of its possible effects on the environment; and
(c) such other information or representations as the authority may wish to provide or make.
(4) Paragraphs (3) and (4) of regulation 6 shall apply to a request under paragraph (1)(b) or (2)(ii) of this regulation as they apply to a request made pursuant to regulation 5(6).
(5) Where the screening opinion of the planning authority is to the effect that their development is EIA development or the Scottish Ministers make a screening direction to that effect, the planning authority shall prepare an environmental statement in respect of the development.
(6) This regulation and regulations 23 to 26 shall not apply in a case where the notices and consultation of a planning authority under regulation 4(2) of the 1981 Regulations were given and carried out respectively, or the application of a planning authority was made, before 1st August 1999.
Provision of information to planning authority
23.
In preparing an environmental statement, the planning authority shall inform the consultation bodies that they are doing so and any body 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
24.
- (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 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 date of publication under paragraph (1)(c) (or the later date of such publication 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 consultation bodies 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
25.
- (1) No planning permission shall be deemed to have been granted under regulation 5(1) of the 1981 Regulations where, if the development were the subject of an application for planning permission, it would be an EIA application.
(2) Where paragraph (1) applies, the provisions of regulation 6 of the 1981 Regulations shall apply as if the 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 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 and the Scottish Ministers shall consider the environmental statement and issue a decision as to whether or not to require the planning authority to make an application to them for planning permission and shall state in their decision that they have considered the statement.
Intimation of decision
26.
Where the Scottish Ministers decide under regulation 25(3) that the planning authority are not required to make an application to them for planning permission, they shall take the steps described in paragraph (2) of regulation 21 and the authority shall comply with paragraph (3) of that regulation.
CHAPTER 8
SPECIAL CASES
Restriction of grant of permission by old simplified planning zone schemes or enterprise zone orders
27.
- (1) Any-
(a) adoption or approval of a simplified planning zone scheme[18];
(b) order designating an enterprise zone[19]; or
(c) approval of a modified scheme in relation to an enterprise zone,
which has effect immediately before the commencement of these Regulations to grant planning permission shall, on and after that date, cease to have effect to grant planning permission for Schedule 1 development, and cease to have effect to grant planning permission for Schedule 2 development unless either-
(2) Paragraph (1) shall not affect the completion of any development begun before the commencement of these Regulations.
Restriction of grant of permission by new simplified planning zone schemes or enterprise zone orders
28.
No-
(a) adoption or approval of a simplified planning zone scheme;
(b) order designating an enterprise zone made; or
(c) modified scheme in relation to an enterprise zone approved,
after the commencement of these Regulations shall-
(i) grant planning permission for EIA development; or
(ii) grant planning permission for Schedule 2 development unless that grant is made subject to the prior adoption of a screening opinion or prior making of a screening direction that the particular proposed development is not EIA development.
CHAPTER 9
UNAUTHORISED DEVELOPMENT
Prohibition on the grant of planning permission for unauthorised EIA development
29.
The Scottish Ministers shall not grant planning permission under subsection (1) of section 133 (grant or modification of planning permission on appeals against enforcement notices) in respect of EIA development which is the subject of an enforcement notice under section 127 (issue of enforcement notice) ("unauthorised EIA development") unless they have first taken the environmental information into consideration, and they shall state in their decision that they have done so.
Screening opinions of the planning authority
30.
- (1) Where it appears to the planning authority by whom or on whose behalf an enforcement notice is to be issued that the matters constituting the breach of planning control comprise or include Schedule 1 development or Schedule 2 development, they shall, before the enforcement notice is issued, adopt a screening opinion.
(2) Where it appears to the planning authority by whom or on whose behalf an enforcement notice is to be issued that the matters constituting the breach of planning control comprise or include EIA development they shall serve with a copy of the enforcement notice a notice ("regulation 30 notice") which shall-
(a) include the screening opinion required by paragraph (1) and the written statement required by regulation 4(6); and
(b) require a person who gives notice of an appeal under section 130 to submit to the Scottish Ministers with the notice four copies of an environmental statement relating to that EIA development and to provide them with such further copies as they may require under regulation 35(2).
(3) The authority by whom a regulation 30 notice has been served shall send a copy of it to-
(a) the Scottish Ministers; and
(b) the consultation bodies.
(4) Where an authority provide the Scottish Ministers with a copy of a regulation 30 notice, they shall also provide them with a list of the other persons to whom a copy of the notice has been or is to be sent.
Screening directions of the Scottish Ministers
31.
Any person on whom a regulation 30 notice is served may apply to the Scottish Ministers for a screening direction and the following shall apply-
(a) an application under this regulation shall be accompanied by-
(i) a copy of the regulation 30 notice;
(ii) a copy of the enforcement notice which accompanied it; and
(iii) such other information or representations as the applicant may wish to provide or make;
(b) the applicant shall send to the authority by whom the regulation 30 notice was served, at such time as he applies to the Scottish Ministers, a copy of the application under this regulation and of any information or representations provided or made in accordance with paragraph (a)(iii);
(c) if the Scottish Ministers consider that the information provided in accordance with paragraph (a) is insufficient to enable them to make a direction, they shall notify the applicant and the authority of the matters in respect of which they require additional information; and the information so requested shall be provided by the applicant within such reasonable period as may be specified in the notice;
(d) the Scottish Ministers shall send a copy of their direction to the applicant and to the authority and, where they conclude that the matters which are alleged to constitute the breach of planning control comprise or include EIA development, they shall send with the copy of the direction a written statement giving clearly and precisely their full reasons for that conclusion;
(e) without prejudice to paragraph (d), where the Scottish Ministers direct that the matters which are alleged to constitute the breach of planning control do not comprise or include EIA development, they shall send a copy of the direction to the consultation bodies.
Provision of information
32.
- (1) The relevant planning authority and any consultation body shall, if requested by the person on whom the regulation 30 notice was served, enter into consultation with that person to determine whether the authority or body have in their possession any information which he or they consider relevant to the preparation of an environmental statement and, if they have, the authority or body shall make any such information available to that person.
(2) The provisions of paragraphs (5) and (6) of regulation 12 shall apply to information under paragraph (1) as they apply to any information falling within regulation 12(4).
Appeal to the Scottish Ministers without a screening opinion or screening direction
33.
- (1) Where on consideration of an appeal under section 130 it appears to the Scottish Ministers that the matters which are alleged to constitute the breach of planning control comprise or include Schedule 1 development or Schedule 2 development and, in either case, no screening opinion has been adopted and no screening direction has been made in respect of that development, they shall, before any notice is served pursuant to regulation 34(a), make such a screening direction.
(2) If the Scottish Ministers consider that they have not been provided with sufficient information to make a screening direction, they shall notify the applicant and the authority by whom the notice under section 127 was served of the matters in respect of which they require additional information; and the information so requested shall be provided by the applicant within such reasonable period as may be specified in the notice.
(3) If an appellant to whom notice has been given under paragraph (2) fails to comply with the requirements of that notice-
(a) the application which is deemed to have been made by virtue of the appeal made under section 130 ("the deemed application"); and
(b) the appeal in so far as it is brought under the ground mentioned in section 130(1)(a) ("the ground (a) appeal"),
shall lapse at the end of the period specified in the notice.
(4) Paragraphs (d) and (e) of regulation 31 shall apply to a screening direction made under this regulation as they apply to such a direction made under that regulation.
Notes:
[16]
S.I. 1992/3240, amended by S.I. 1998/1447.back
[17]
S.I. 1992/223; relevant amending instrument is S.I. 1997/1871.back
[18]
See section 50 of, and Schedule 5 to, the Town and Country Planning (Scotland) Act 1997.back
[19]
See sections 55 and 56 of the Town and Country Planning (Scotland) Act 1997 and Schedule 32 to the Local Government, Planning and Land Act 1980 (c.65).back
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