Citation and commencement

1.  These Rules may be cited as the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007 and come into force on 28th December 2007.

Interpretation

2.—(1) In these Rules (unless the context otherwise requires)–

“the Act” means the Transport and Works (Scotland) Act 2007;

“applicant” means a person making, or proposing to make, an application;

“application” means an application under section 4 of the Act;

“the appropriate authority” has the same meaning as in section 3(4) of the Act (Crown land);

“benefited property” has the same meaning as in section 122(1) of the Title Conditions (Scotland) Act 2003 (interpretation)(2);

“bridleway” has the same meaning as in section 47 of the Countryside (Scotland) Act 1967 (interpretation)(3);

“Crown interest” has the same meaning as in section 3(3) of the Act;

“cycle track” has the same meaning as in section 151 of the Roads (Scotland) Act 1984 (interpretation)(4);

“development management scheme” has the same meaning as in section 71(3) of the Title Conditions (Scotland) Act 2003;

“the Directive” means Council Directive 85/337/EEC(5) on the assessment of the effects of certain public and private projects on the environment;

“documents” includes photographs, drawings, maps and plans;

“environmental impact assessment” means an assessment, in accordance with Articles 5 to 10 of the Directive, of the likely impact upon the environment of the implementation of the works included in any order in respect of which an application is being, or is to be, made;

“environmental statement” means a statement that contains–

and “the applicant’s statement of environmental information” means a statement submitted by an applicant as the environmental statement in relation to that applicant’s application;

“equipment” includes apparatus and any structure for the lodging in it of equipment or for gaining access to equipment;

“expiry date for objections” means the date, being a date not less than 42 days after the date on which the application in question is made, which the applicant specifies in the notice published pursuant to rule 12(1) as the final date for making objections;

“footpath” has the same meaning as in section 151 of the Roads (Scotland) Act 1984;

“holder”, in relation to a personal real burden, has the same meaning as in section 122(1) of the Title Conditions (Scotland) Act 2003(6);

“in writing” includes electronic transmission;

“Member State” has the same meaning as in section 5(3) of the Act;

“navigation authority” has the same meaning as in section 9(5) of the Act;

“occupier” includes–

“operative date” means the date falling 21 days after the expiry date for objections or such later date as the Scottish Ministers may specify;

“operator”–

“owner”, in relation to any land, means any person who under the Lands Clauses Acts would be enabled to sell and convey the land to the promoters of an undertaking and includes a lessee under a lease the unexpired period of which exceeds three years;

“personal real burden” has the same meaning as in section 122(1) of the Title Conditions (Scotland) Act 2003;

“planning authority” has the same meaning as for the purposes of Part 3 of the Town and Country Planning (Scotland) Act 1997 (control over development)(7);

“regional Transport Partnership” means a Transport Partnership created under section 1(1)(b) of the Transport (Scotland) Act 2005(8);

“river” means any river (including any part of a river which is tidal or which has been canalised), loch, lake, stream, burn, ditch, culvert, drain, sluice, weir or any other passage by which water drains, but does not include–

“road managers” has the same meaning as in section 108(4) of the New Roads and Street Works Act 1991 (9);

“roads authority” has the same meaning as in section 151(1) of the Roads (Scotland) Act 1984(10);

“scoping opinion” has the meaning given in rule 6(1);

“screening decision” has the meaning given in rule 5(3);

“statutory undertakers” has the same meaning as in section 214 of the Town and Country Planning (Scotland) Act 1997(11) except that it includes a public communications provider within the meaning of section 151(1) of the Communications Act 2003 (interpretation)(12);

“tidal waters” means such part of–

“title condition” has the same meaning as in section 122(1) of the Title Conditions (Scotland) Act 2003;

“transport system” means a railway, tramway or trolley vehicle system or any system (other than a railway or tramway) using a mode of guided transport;

“works” means any works that may be authorised by an order made under section 1 of the Act but in rules 5, 6, 9 and 14, Schedule 1 and in paragraphs 6, 9, 16(f), 29 and 30 of Schedule 5, shall also include any matter that may be authorised by such an order; and

“works affecting”, in relation to any land, means works proposed to be carried out in, on, over or adjacent to that land.

(2) Where these Rules require that notice be served, published or displayed in a prescribed form, the notice shall be served, published or displayed (as the case may be) duly completed–

(a) in that form;

(b) in a version of that form adapted to meet the circumstances of the particular case; or

(c) in a form which has substantially the same effect as that form (whether the form is adapted or not),

and, except where these Rules require that the notice in question be published in a newspaper, duly signed by or on behalf of the person required to serve the notice.

Pre-application documentation

3.—(1) The applicant shall send to the Scottish Ministers not later than 42 days before making an application a draft of–

(a) the proposed order under section 1 of the Act;

(b) the explanatory memorandum to the order; and

(c) the statement and memorandum in respect of legislative competence,

that the applicant intends to submit in pursuance of rule 8(2).

(2) Where an applicant has sent drafts to the Scottish Ministers in accordance with the provisions of paragraph (1) but subsequently amends any of those drafts the applicant shall not be required to send any amended drafts to the Scottish Ministers before making an application unless the applicant is of the opinion that any amendment substantially alters the nature or effect of the proposed order.

(3) The applicant shall, not later than 42 days before making the application, send a draft of the applicant’s statement of environmental information to–

(a) the Scottish Ministers;

(b) the Scottish Environment Protection Agency; and

(c) Scottish Natural Heritage.

Provision of environmental information

4.—(1) Where an applicant at any time serves notice in writing on any person who is not a Scottish public authority within the meaning of regulation 2(1) of the Environmental Information (Scotland) Regulations 2004 (interpretation)(13) that for the purposes of the proposed application the applicant wishes to be provided with environmental information, the recipient of the notice so served shall, within 28 days of the request, provide to the applicant any information which the recipient has and which either the recipient or the applicant considers relevant to a screening decision (if that decision has not yet been made) or to the preparation of the environmental statement.

(2) The recipient of the notice may seek reimbursement from the applicant of any reasonable costs associated with the provision of information.

The requirement for environmental statement and screening decision

5.—(1) An applicant shall when making an application submit an applicant’s statement of environmental information with that application in relation to any proposed works which are to be covered by that application, if those works constitute a project which is of a type mentioned in Annex I or, subject to paragraph (2), Annex II to the Directive.

(2) Where the proposed works constitute a project of a type mentioned in Annex II to the Directive, an applicant is not required to submit an applicant’s statement of environmental information if the Scottish Ministers have, under paragraph (13), notified the applicant that an environmental impact assessment is not required in relation to those works.

(3) Before making an application (other than an application relating to works constituting a project which is of a type mentioned in Annex I to the Directive), an applicant may make a request in writing to the Scottish Ministers for a decision as to whether or not an environmental impact assessment of the proposed works covered by the application is required (“a screening decision”).

(4) A request made pursuant to paragraph (3) shall be accompanied by–

(a) a plan sufficient to identify the land affected by the works in question;

(b) a brief description of the nature and purpose of the proposed works; and

(c) a brief description of the possible effects on the environment of the works,

and may include such other information as the applicant wishes to provide.

(5) If the Scottish Ministers consider that the information provided by an applicant in or with a request made under paragraph (3) is insufficient to enable the Scottish Ministers to make a screening decision the Scottish Ministers may, not later than 28 days after receiving the request, notify the applicant in writing of the additional information that the Scottish Ministers consider they require in order to make that decision.

(6) On receiving notification under paragraph (5), the applicant shall provide the Scottish Ministers with such of the additional information specified in that notification as the applicant is reasonably able to supply and, where any of the additional information so specified is not provided, a written explanation as to why the applicant is unable to provide the information.

(7) The Scottish Ministers shall not give a screening decision in response to a request under paragraph (3) until they have given notice of the request to, and invited the views of, the following bodies–

(a) every local authority in whose area the works would be carried out were the order for which the applicant proposes to apply to be made;

(b) every National Park authority for a National Park in which the works would be carried out were the order for which the applicant proposes to apply to be made;

(c) the Scottish Environment Protection Agency;

(d) Scottish Natural Heritage; and

(e) any other body promoting environmental protection which is a charity registered under the Charities and Trustee Investment (Scotland) Act 2005(14) which the Scottish Ministers consider is likely to have an interest in the application,

and shall include in each such notice the information to be provided in or with a request under paragraph (3).

(8) Any body falling within paragraph (7)(a) to (d) which is the recipient of a notice served under paragraph (7) shall, not later than 28 days after receiving that notice, provide the Scottish Ministers with a written opinion as to whether or not, in the view of the recipient, the works in question should be the subject of an environmental impact assessment.

(9) Any body falling within paragraph (7)(e) which is the recipient of a notice served under paragraph (7) may, not later than 28 days after receiving that notice, provide the Scottish Ministers with a written opinion as to whether or not, in the view of the recipient, the works in question should be the subject of an environmental impact assessment.

(10) Where a request for a screening decision relates to an order which would, if made, authorise works which for the purposes of the Directive could constitute two or more projects which are not interdependent, the Scottish Ministers may, if they consider it expedient, treat each such project separately for the purposes of this rule and, in such a case, the references in this rule to works shall be construed as relating to each such project separately, and the references to the screening decision shall be construed as relating to such a decision in relation to each such project.

(11) In making a screening decision, the Scottish Ministers shall take into account the selection criteria set out in Annex III to the Directive.

(12) If the Scottish Ministers consider that the works in question would be likely to have a significant effect on the environment if carried out, their screening decision shall be that an environmental impact assessment of the works is required.

(13) The Scottish Ministers shall notify the applicant in writing of their screening decision and shall give reasons for that decision not later than 42 days after receipt of the request made pursuant to paragraph (3) or, where a notification has been given under paragraph (5), not later than 42 days after receiving the further information that the applicant is required to supply by virtue of paragraph (6).

(14) Following a screening decision the Scottish Ministers shall publicise notice of their screening decision in the Edinburgh Gazette and in such newspaper as they consider appropriate.

Scoping opinion

6.—(1) Before submitting an application in relation to works for which an environmental impact assessment is or may be required, the applicant may make a request in writing to ask the Scottish Ministers for an opinion as to the information to be provided in the environmental statement (a “scoping opinion”).

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

(a) a plan sufficient to identify the land affected by the works in question;

(b) a brief description of the nature and purpose of the proposed works; and

(c) a brief description of the possible effects on the environment of the works,

and may include such other information as the applicant wishes to provide.

(3) On receiving a request under paragraph (1), if the Scottish Ministers consider that the applicant has not provided sufficient information to enable them to give a scoping opinion, they shall not later than 28 days after receiving the request notify the applicant in writing of the additional information that they consider necessary to enable them to give that opinion.

(4) The Scottish Ministers shall not give a scoping opinion in response to a request under paragraph (1) until they have consulted the applicant and the following bodies–

(a) every local authority in whose area the works would be carried out were the order for which the applicant proposes to apply to be made;

(b) every National Park authority for a National Park in which the works would be carried out were the order for which the applicant proposes to apply to be made;

(c) the Scottish Environment Protection Agency;

(d) Scottish Natural Heritage; and

(e) any other body promoting environmental protection which is a charity registered under the Charities and Trustee Investments (Scotland) Act 2005 which the Scottish Ministers consider is likely to have an interest in the application.

(5) In forming a scoping opinion the Scottish Ministers shall take into account–

(a) the specific characteristics of the works in question;

(b) the specific characteristics of works of the type concerned; and

(c) the environmental features likely to be affected by the works.

(6) Subject to paragraph (7), the Scottish Ministers shall notify the applicant who made the request under paragraph (1) of the Scottish Ministers' scoping opinion, in writing, not later than 42 days after receipt of that request or, where the Scottish Ministers have given a notification under paragraph (3), 42 days after receipt of the additional information mentioned in that notification.

(7) Where an applicant makes a request for a scoping opinion under paragraph (1) at the same time as the making of a request for a screening decision pursuant to rule 5(3) in relation to the same proposed works, or after the applicant has made a request for such a screening decision but before the Scottish Ministers have notified the applicant of the screening decision in relation to the works, the Scottish Ministers shall notify the applicant, in writing, of the Scottish Ministers' scoping opinion not later than 42 days after the date on which the Scottish Ministers notify the applicant of the Scottish Ministers' screening decision.

(8) Where the Scottish Ministers have given a scoping opinion to an applicant they shall not be precluded from requiring that applicant to provide further information in connection with any applicant’s statement of environmental information that may be submitted by that applicant in connection with an application relating to the same, or substantially the same, works as were referred to in that scoping opinion.

(9) Following a scoping opinion the Scottish Ministers shall publish that scoping opinion in the Edinburgh Gazette and in such newspaper as they consider appropriate.

Form of application

7.—(1) An application for an order to be made under section 1 of the Act shall be made in writing, dated and addressed to the Scottish Ministers.

(2) In the application, the applicant shall give the name and the address to which all requests for further information, notices or other documents required to be served upon the applicant under the Act or these Rules are to be sent.

(3) The application shall be signed by the applicant or by the duly authorised agent of the applicant (details of the authorisation must be appended to the application).

Documents accompanying application

8.—(1) The applicant shall submit with an application 3 copies of that application.

(2) The applicant shall submit with the application 4 copies of each of the following documents–

(a) a draft of the proposed order under section 1 of the Act;

(b) an explanatory memorandum that explains the purpose and effect of each article of and Schedule to the draft order;

(c) a memorandum setting out the aims of the proposals to which the application relates including any alternative approach considered and the reason for rejection;

(d) a statement that, in the view of the applicant, the provisions in the proposed order are within the legislative competence of the Scottish Parliament together with a memorandum setting out the reasons for that view;

(e) a report summarising the consultations that have been undertaken, including confirmation that the applicant has consulted all those named in column (2) of the tables in Schedules 3 and 4 where authority is sought for works or other matters described in column (1) of those tables, or if not, an explanation of why not;

(f) if the applicant is not an individual or a company regulated by the Companies Act 1985(15) a declaration as to the status of the applicant;

(g) a list of all consents, permissions or licences required under other enactments for the purposes of the powers sought in the application, which at the date of the application are being sought or which have been obtained or refused, specifying for each relevant consent, permission or licence–

(i) from whom the consent, permission or licence is or was required;

(ii) the date of the application, or of the grant or refusal of the consent, permission or licence (as the case may be); and

(iii) the reference number (if any) of the application;

(h) any screening decision made by the Scottish Ministers under rule 5, any scoping opinion given by the Scottish Ministers under rule 6 and, in a case where the proposed works are to be subject to an environmental impact assessment, the applicant’s statement of environmental information;

(i) confirmation that a draft of the applicant’s statement of environmental information has been sent to the persons specified in rule 3(3) together with a memorandum setting out any comments that any such person might have made in respect of that draft; and

(j) any direction given under rule 16.

(3) When making an application for an order the applicant shall submit with the application–

(a) the applicant’s proposals for funding the cost of implementing the order; and

(b) where the application is for an order containing proposals to carry out works–

(i) the plans and sections described in paragraphs (1) and (4) of rule 10; and

(ii) an estimate of the cost of carrying out the works provided for in the proposed order.

(4) Subject to paragraph (5), in the case of an application for an order authorising the compulsory acquisition of land, or the right to use land, or to carry out protective works to buildings or structures, or the compulsory extinguishment, variation or disapplication of a title condition or development management scheme or the compulsory extinguishment of other private rights over land, the applicant shall submit with the application the plan and the book of reference respectively described in paragraphs (5) and (7) of rule 10.

(5) In the case of an application for an order providing for the extinguishment or diversion of rights of way or passage over a footpath, bridleway or cycle track, the applicant shall submit with the application a map of a scale not smaller than 1:2500 on which the path, way or track concerned and, in the case of a diversion, the new path, way or track, is clearly delineated.

(6) Where the applicant seeks a direction from the Scottish Ministers under section 57(2A) of the Town and Country Planning (Scotland) Act 1997(16) that planning permission shall be deemed to be granted for the development provided for in the proposed order, the applicant shall submit with the application–

(a) a request in writing specifying the development for which the direction for such permission is sought;

(b) a statement of any proposed planning conditions;

(c) a statement of any matters which are intended to be reserved for subsequent approval by the planning authority; and

(d) in respect of those matters not intended to be reserved for subsequent approval by the planning authority, such further documents as have not otherwise been submitted with the application and which are necessary to support the request for the direction.

(7) Where the applicant seeks a direction from the Scottish Ministers under section 10(2A) of the Planning (Hazardous Substances) (Scotland) Act 1997(17) that hazardous substances consent shall be deemed to be granted for the development provided for in the proposed order, the applicant shall submit with the application–

(a) an application for hazardous substances consent in either Form 1 or 2 of the forms prescribed in Schedule 2 to the Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993(18) as the case may require; and

(b) the information and documentation specified in such one or more of regulations 5(1)(b), 5(2)(b) and 5(3)(b) of those Regulations (applications for hazardous substances consent) as the case may require.

(8) The applicant shall, as soon as practicable after the date of the application, submit to the Scottish Ministers a statement of compliance with the provisions of rules 11, 12(1) to (7) and 13 together with–

(a) copies of the notices placed in newspapers and the Edinburgh Gazette in accordance with rule 12; and

(b) confirmation of the date on which the notices required by rule 13 were served.

(9) Where the Scottish Ministers are of the opinion that any of the information submitted pursuant to this rule, other than the applicant’s statement of environmental information, is not adequate for its purpose the Scottish Ministers may within 21 days of receipt of an application–

(a) direct the applicant to provide further information; and

(b) where the Scottish Ministers make such a direction they may require the applicant to comply with any of the provisions of rules 11 and 12 in respect of the further information required.

Environmental statements: provision of information

9.—(1) An environmental statement submitted in connection with an application shall include–

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

(b) a description of the measures proposed to be taken in order to avoid, reduce and, if possible, remedy any significant adverse effects on the environment of the proposed works;

(c) the data required to identify and assess the main effects which the proposed works are likely to have on the environment;

(d) an outline of the main alternatives to the proposed works studied by the applicant and an indication of the main reason for the applicant’s choice, taking into account the environmental effects; and

(e) a non technical summary of the information provided under sub paragraphs (a) to (d).

(2) An environmental statement submitted in connection with an application shall, subject to paragraph (3), also include so much of the information specified in Schedule 1 as is relevant to the proposed works.

(3) Where the Scottish Ministers have given a scoping opinion in relation to the application, the environmental statement in relation to that application need include only the information specified in that scoping opinion.

Plans, sections and book of reference

10.—(1) Subject to paragraphs (6) and (8), the plans referred to in rule 8(3)(b) are–

(a) a plan drawn to a suitable scale not smaller than 1:50000 showing clearly the location of any works and, if provision is made for such works in the proposed order, in particular the general line of the route of any works that are of a linear nature and which exceed 2 kilometres in length; and

(b) a plan drawn to a suitable scale not smaller than 1:2500 showing clearly in relation to existing features, the location, the alignment, if any, and limits of deviation of the works described or for which provision is made in the proposed order.

(2) All plans and sections described in this rule may be submitted in black and white and shall be stated in metric units.

(3) All plans described in this rule shall contain a reference to the National Grid base or, where this is not practicable, to the latitude and longitude of the site of the proposed works.

(4) Subject to paragraphs (6) and (8), the sections referred to in rule 8(3)(b) are sections having a suitable vertical scale not smaller than 1:500 and showing by reference to Ordnance Survey or Chart datum–

(a) on the same horizontal scale as the plan described at paragraph (1)(b) the levels of the proposed works, including in particular where relevant–

(i) ground levels;

(ii) the height of every intended bridge, aqueduct, viaduct, embankment and elevated guideway;

(iii) the depth of every intended cutting and tunnel;

(iv) the levels of the bed of any tidal waters or inland waterway where works are proposed; and

(v) the height of every structure or device intended to be erected above, on or below the surface of, or on or beneath the bed of tidal waters or an inland waterway;

(b) on a horizontal scale not smaller than 1:500 the span and vertical clearance of every intended bridge, aqueduct, viaduct, gantry and other structure or device above ground level for which provision is made in the proposed order;

(c) in cross section on a horizontal scale not smaller than 1:500 the depths and water levels of every intended inland waterway for which provision is made in the proposed order;

(d) in cross section on a horizontal scale not smaller than 1:500 every intended tunnel for which provision is made in the proposed order; and

(e) on a horizontal scale not smaller than 1:500 any altered gradient of a carriageway or a way forming part of a railway, tramway or other guided transport system on either side of every level crossing, bridge, tunnel or underpass which would carry the carriageway or way or through which it would pass, for which provision is made in the proposed order.

(5) Subject to paragraph (6) the plan referred to in rule 8(4) is a plan drawn to a suitable scale not smaller than 1:2500 (and which may be the plan described in paragraph (1)(b)) showing clearly any land–

(a) over which it is proposed to acquire powers of compulsory acquisition, or any right to use the land or to carry out protective works to any building or structure;

(b) which is–

(i) affected by a personal real burden which it is proposed shall be varied or extinguished;

(ii) affected by a title condition which it is proposed shall be varied or extinguished; or

(iii) a development to which a development management scheme applies where it is proposed to disapply that scheme;

(c) in relation to which it is proposed that other private rights (including private rights of navigation over water) shall be extinguished;

(d) of which the applicant is the sole owner and occupier and which it is proposed shall be used for the purposes of the order for which application is being made; or

(e) in which there subsists a Crown interest, whether or not there are other interests in such land, and which it is proposed shall be used for the purposes of the proposed order.

(6) An applicant may in writing request the Scottish Ministers to direct that the scale for the plans and sections referred to in paragraph (1), (4) or (5) be varied and the Scottish Ministers may so direct where they are satisfied that such a request is reasonable and appropriate.

(7) The book of reference referred to in rule 8(4) is a book which refers to the plan described in paragraph (5) and which (subject to the provisions of paragraph (9))–

(a) contains the names (and addresses) of every owner, lessee (whatever the period of the lease) and occupier of any land which it is proposed shall be subject to–

(i) powers of compulsory acquisition;

(ii) rights to use land, including the rights to attach equipment to buildings or structures; or

(iii) rights to carry out protective works to buildings or structures;

(b) contains the names (and addresses) of every holder of any personal real burden which it is proposed shall be varied or extinguished;

(c) contains the names (and addresses) of every owner of land which is a benefited property in relation to a title condition which it is proposed to vary or extinguish;

(d) contains the names (and addresses) of every owners' association of a development to which a development management scheme applies where it is proposed to disapply that scheme;

(e) contains the names (and addresses) of all those entitled to enjoy other private rights over land (including private rights of navigation over water) which it is proposed shall be extinguished;

(f) where there is a Crown interest in land, which it is proposed shall be used for the purposes of the order for which application is being made, specifies the appropriate authority in relation to that interest;

(g) specifies land–

(i) which is common (as defined in section 7(1) of the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (interpretation)(19)) or open space (as also defined in section 7(1) of that Act);

(ii) which is land held by the National Trust for Scotland for Places of Historic Interest or Natural Beauty;

(iii) which is within, or is within 3 kilometres of, an area designated as a National Park by a designation order made by the Scottish Ministers under section 6(1) of the National Parks (Scotland) Act 2000(20);

(iv) which has been notified under section 23 of the National Parks and Access to the Countryside Act 1949(21) or section 3(1) or 5(1) of the Nature Conservation (Scotland) Act 2004(22) as a site of special scientific interest or which is within 3 kilometres of any such site;

(v) which is within, or is within 3 kilometres of, an European site or an European marine site as those expressions are defined in regulations 2(1) and 10(1) of the Conservation (Natural Habitats, &c.) Regulations 1994 (interpretation)(23);

(vi) which is property appearing on the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of World Cultural and Natural Heritage(24) or which is within 3 kilometres of any such property;

(vii) in respect of which a declaration has been made under section 19 of the National Parks and Access to the Countryside Act 1949 (declarations that areas are nature reserves)(25) or which is declared to be a national nature reserve under section 35 of the Wildlife and Countryside Act 1981(26) or which is within 3 kilometres of any such land;

(viii) which is provided as a nature reserve under section 21 of the National Parks and Access to the Countryside Act 1949(27) or which is within 3 kilometres of any such nature reserve;

(ix) in respect of which a nature conservation order or land management order made under section 23 or 30 respectively of the Nature Conservation (Scotland) Act 2004 has effect or which is within 3 kilometres of any such land;

(x) which is an area designated as a national scenic area under section 263A of the Town and Country Planning (Scotland) Act 1997(28) or which is within 3 kilometres of any such area;

(xi) which is a garden or designed landscape identified in “An Inventory of Gardens and Designed Landscapes in Scotland – List of Sites 2007”, published by the Scottish Ministers in 2007(29) or which is within 3 kilometres of any such garden or landscape;

(xii) which is a scheduled monument within the meaning of section 1(11) of the Ancient Monuments and Archaeological Areas Act 1979(30);

(xiii) on which there is a listed building within the meaning of section 1(4) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997(31);

(xiv) for which other land is to be given in exchange;

(xv) that is to be given in exchange for other land; and

(h) specifies, for each plot of land identified in it and within which it is intended that all or part of the proposed works shall be carried out, the area in square metres of that plot.

(8) Where provision is made in the proposed order for any works which are–

(a) proposed to be formed or constructed for the accommodation of an owner or occupier of land adjacent to a proposed transport system or inland waterway; or

(b) ancillary to a proposed transport system or inland waterway,

the applicant shall not be obliged to show them as required by paragraphs (1) and (4) but shall give such indication of them as is reasonably practicable.

(9) The requirements of paragraph (7)(a) to (f) shall extend only to including those names (and addresses) which have been ascertained by the applicant, after making reasonable inquiry, at the beginning of a period of 28 days ending with the date of the application but where the applicant has reason to believe that relevant names (or addresses) have, or might have, been omitted the applicant must clearly indicate this in the book of reference.

(10) Subject to paragraph (9), where the applicant has made reasonable inquiry in order to attempt to obtain the information mentioned in paragraph (7) the application shall not be invalidated by reason only of an error in, or the omission of information from, the book of reference.