Environmental Assessment (Scotland) Amendment Regulations 1997
1997 No. 1870 (S.136)
TOWN AND COUNTRY PLANNING, SCOTLAND
The Environmental Assessment (Scotland) Amendment Regulations 1997
Made 23th July 1997
Laid before Parliament 11th August 1997
Coming into force 1st September 1997
The Secretary of State, being a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the requirement for an assessment of the impact on the environment of projects likely to have significant effects on the environment, in exercise of the powers conferred on him by the said section 2 and section 40 of the Town and Country Planning (Scotland) Act 19973and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Environmental Assessment (Scotland) Amendment Regulations 1997 and shall come into force on 1st September 1997.
(2) In these Regulations “the 1988 Regulations” means the Environmental Assessment (Scotland) Regulations 19884.
(3) Any reference in these Regulations to a numbered regulation, Schedule, paragraph or sub-paragraph shall, unless the context otherwise requires, be construed as a reference to the regulation, Schedule, paragraph or sub-paragraph so numbered in the 1988 Regulations.
Transitional provision
2. The amendments made to the 1988 Regulations shall not apply in relation to an enforcement notice issued under section 127 of the Town and Country Planning (Scotland) Act 1997 before 1st September 1997.
Amendments to the 1988 Regulations
3. In regulation 2 after the definition of “planning authority” insert–
““SEPA” means the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995(5
“water and sewerage authority” means a new water and sewerage authority within the meaning of section 62 of the Local Government etc. (Scotland) Act 1994(6”.
4. In regulation 4(1)–
(a) after the definition of “the Act” insert–
““the 1997 Act” means the Town and Country Planning (Scotland) Act 1997(7”;
(b) in the definition of “annex 1 application” and “annex 2 application”, after “means an application” insert “or deemed application”;
(c) after the definition of “controlled waste” insert–
““deemed application” means the application for planning permission deemed under section 133(7) of the 1997 Act to be made by virtue of an appeal under section 130 of that Act;
“enforcement appeal” means an appeal under section 130 of the 1997 Act;
“enforcement notice” means a notice issued under section 127 of the 1997 Act;
“ground (a) appeal” means an appeal under section 130 of the 1997 Act, so far as brought on the ground mentioned in subsection (1)(a) of that section;
“notice of unauthorised development” means such a notice as is described in regulation 11A of these Regulations;”;
(d) after the definition of “register” insert–
““relevant development” means development of any description specified in Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 19928other than development of any description specified in article 3(10) of that Order;”;
(e) for the definition of “reporter” substitute–
““reporter” means a person appointed by the Secretary of State under Schedule 4 to the Town and Country Planning (Scotland) Act 1997 to determine an appeal under section 47 or section 130 of that Act, or to report to the Secretary of State on an application for planning permission referred to the Secretary of State under section 46 of that Act or which is the subject of an appeal under the said sections 47 or 130;”; and
(f) after the definition of “special waste” insert–
““unauthorised development” means development which is (or is part of) the subject matter of an enforcement notice and–
(a)
(a) is within a description mentioned in Schedule 1; or
(b)
(b) is within a description mentioned in Schedule 2 and would be likely to have significant effects on the environment by virtueinter alia of its nature, size or location;”.
5. After regulation 4(2) insert–
“3 Where the Secretary of State gives a direction which includes a statement that in his opinion particular development is of a description within Schedule 2 and is likely, or is not likely, to have significant effects on the environment by virtueinter alia of its nature, size or location, that statement shall be conclusive of that question for the purpose of determining whether that development is unauthorised development.”.
6. In regulation 6 after “the proposed development” each time they occur insert “or development”.
7. In regulation 7(1) for “An applicant may, before applying for planning permission” substitute “The persons mentioned in paragraph (1A) may”.
8. After regulation 7(1) insert–
“1A The persons who may request an opinion under paragraph (1) are–
(a) a person other than a planning authority who is minded to undertake development which appears to him to be relevant development;
(b) an applicant before applying for planning permission.”.
9. In paragraphs (3), (4), (5), (6) and (7) of regulation 7 for “applicant” wherever it appears substitute “person making the request”.
10. For regulation 7(8) substitute–
“8 Where the planning authority do not give the person making the request their written opinion within the 4 week period or such longer period as may be agreed between the parties under paragraph (4) above–
(a) where the person making the request is an applicant before applying for planning permission (as mentioned in paragraph (1A)(b) above) he shall be entitled to assume that at this stage the planning authority’s opinion is that consideration of environmental information shall not be required;
(b) where the person making the request is a person who is minded to undertake development which appears to him to be relevant development (as mentioned in paragraph (1A)(a) above) he may ask the Secretary of State in accordance with the provisions of regulation 9 below for his direction on the matter.”.
11. After regulation 7(8) insert–
“8A Paragraph (8)(b) above applies notwithstanding that the authority may not have received further information which they have sought under paragraph (6) above.”.
12. In regulation 7(9) after “applicant” insert “(as mentioned in paragraph (1A)(b) above)”.
13. After regulation 7(9) insert–
“9A Where a person making a request, being a person who is minded to undertake development which appears to him to be relevant development (as mentioned in paragraph (1A)(a) above), is notified by the planning authority that in their opinion the proposed development would fall within any of the descriptions of development mentioned in Schedule 1, or in Schedule 2 and would be likely to have significant effects on the environment, and the person making the request disagrees he may ask the Secretary of State in accordance with the provisions of regulation 9 for his direction on the matter.”.
14. In regulation 7(10)–
(a) after “accompanying documents” insert “and every related direction of the Secretary of State and accompanying statement of reasons”; and
(b) for “until such time” to the end substitute–
“for a period of 2 years or until such time as a copy of that opinion and any related direction is required by regulation 11 to be placed on Part I of the register”.
15. In regulation 8(1)–
(a) in paragraph (a) after “section 32 or 33)” insert “or regulation 10A” and at the end delete “or”; and
(b) at the end insert–
“; or
(a) under regulation 11A the planning authority have served a notice of unauthorised development.”.
16. After regulation 9(1) insert–
“1A An application to the Secretary of State under regulation 7(8)(b) or (9A) above 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 planning authority’s opinion if any and the reasons therefor; and
(d) any representations which the applicant wishes to make.
1B An application to the Secretary of State under regulation 11A(3) below for a direction shall be accompanied by–
(a) the notice of unauthorised development;
(b) the enforcement notice which accompanied it; and
(c) any representations which the applicant wishes to make.”.
17. In regulation 9(3) after “regulation 7(9)” insert “,7(8)(b), 7(9A), 11A(3)”.
18. In regulation 9(5) for “paragraph (1) or (2)” substitute “paragraph (1), (1B) or (2)”.
19. After regulation 9(5) insert–
“5A If on the expiry of 4 weeks...
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