The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
| Year | 2017 |
2017 No. 102
Town And Country Planning
The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
Made 29th March 2017
Laid before the Scottish Parliament 31th March 2017
Coming into force 16th May 2017
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721, section 40 of the Town and Country Planning (Scotland) Act 19972and all other powers enabling them to do so.
They have taken into account the selection criteria in Annex III to Directive 2011/92/EUof the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment3.
PART 1
INTRODUCTORY
Citation and commencement
1. These Regulations may be cited as the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 and come into force on 16th May 2017.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Town and Country Planning (Scotland) Act 1997 and references to sections without reference to the Act are references to sections of that Act;
“additional information” means—
(a) supplementary information required in accordance with regulation 26(2); or
(b) any other information provided by the developer which, in the opinion of the planning authority or the Scottish Ministers, as the case may be, is substantive information about a matter to be included in the EIA report in accordance with regulation 5(2);
“application for multi-stage consent” means an application for approval, consent or agreement required by a multi-stage condition;
“application website” means a website maintained by the planning authority, or the Scottish Ministers, as the case may be, for the purpose of making publicly available information relating to applications to which these Regulations apply;
“the CCS Directive” means Directive 2009/31/ECof the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/ECand Regulation (EC) No. 1013/20064;
“the consultation bodies” means—
(a) any adjoining planning authority, where the development is likely to affect land in their area;
(b) Scottish Natural Heritage;
(c) Scottish Water;
(d) the Scottish Environment Protection Agency; and
(e) Historic Environment Scotland;
“decision notice” has the meaning given in regulation 29;
“developer”—
(a) means, in relation to—
(i) an application for planning permission, the applicant;
(ii) an appeal under section 47 (right to appeal against planning decisions and failure to take such decisions), the appellant;
(iii) to an application for multi-stage consent, the applicant;
(iv) a review under section 43A(8) (right to require review of planning decisions and failure to take such decisions), the applicant for planning permission or, as the case may be, for multi-stage consent; and
(v) in relation to a ROMP application, the applicant; and
(b) for the purposes of regulations 7 to 10 and 17 to 19 includes a prospective applicant;
“the Development Management Procedure Regulations” means the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 20135;
“the Directive” means Directive 2011/92/EUof the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment6;
“EIA application” means an application for planning permission for EIA development;
“EIA development” means development which is either—
(a) Schedule 1 development; or
(b) Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location;
“EIA report” has the meaning given in regulation 5;
“electronic communication” has the meaning given in section 15(1) (general interpretation) of the Electronic Communications Act 20007;
“environmental impact assessment” has the meaning given in regulation 4;
“environmental information” means—
(a) the EIA report submitted in respect of the proposed development;
(b) any additional information submitted in respect of the development;
(c) any representations made by any consultation body, or other public body, consulted in respect of the development in accordance with these Regulations; and
(d) any representations duly made by any other person about the environmental effects of the development;
“exempt development” means development in respect of which the Scottish Ministers have made a direction under regulation 6(4) or (6);
“fish farming” means the breeding, rearing or keeping of fish, excluding shellfish;
“fish farm development” means the placing or assembly of any equipment in marine waters for the purposes of fish farming (“equipment” having the same meaning as in section 26(6))8and any material change of use of equipment so placed or assembled;
“the land” means the land on which the proposed development would be carried out;
“marine protected area” means an area designated as—
(a) a nature conservation marine protected area;
(b) a demonstration and research marine protected area; or
(c) a historic marine protected area,
by a designation order made by the Scottish Ministers under section 67 (marine protected areas) of the Marine (Scotland) Act 20109;
“marine waters” means the waters described in paragraphs (b) and (c) of subsection (6) of section 26 (meaning of development);
“multi-stage condition” means—
(a) a condition imposed on planning permission granted on an application made under Part III of the Act or section 242A10(urgent crown development) where (in terms of the condition) the approval, consent or agreement of the planning authority must be obtained before all or part of the development permitted by the planning permission may be begun;
(b) a condition specified in a simplified planning zone scheme, where (in terms of the condition) the approval, consent or agreement of the planning authority must be obtained before all or part of the development permitted by planning permission granted by the adoption or approval of that scheme may be begun;
(c) a condition imposed on planning permission deemed to be granted by a direction made under section 57 (development with government authorisation), where (in terms of the condition) the approval, consent or agreement of the planning authority must be obtained before all or part of the development permitted by the deemed planning permission may be begun;
(d) a condition specified in an enterprise zone scheme, where (in terms of the condition) the approval, consent or agreement of the planning authority must be obtained before all or part of the development permitted by the planning permission granted by that enterprise zone scheme may be begun; or
(e) a ROMP condition (as defined below);
“prospective applicant” means a person who is minded to make an application for planning permission or an application for multi-stage consent, as the case may be;
“planning authority” means the body to which it falls, fell, or would, but for a direction under—
(a) section 46 (call‑in of applications by the Scottish Ministers), fall to determine an application for planning permission or an application for multi-stage consent; or
(b) paragraph 19 of schedule 8, paragraph 13 of schedule 9 or paragraph 8 of schedule 10 (reference of applications to the Scottish Ministers) of the Act, fall to determine a ROMP application;
“register” means a register kept pursuant to section 3611(registers of applications etc.);
“relevant assessment” means, in relation to a proposed development, an assessment, or verification, of effects on the environment carried out pursuant to national legislation which is relevant to the assessment of the environmental impacts of the proposed development;
“reporter” means a person appointed by the Scottish Ministers under Schedule 4 of the Act (determination of certain appeals by persons appointed by Scottish Ministers) to determine an appeal under section 47, or to report to them on an application for planning permission referred to them under section 46 or which is the subject of an appeal under section 47;
“ROMP application” means an application to a planning authority to determine the conditions to which a planning permission is to be subject under—
(a) paragraph 14(2) of schedule 8 of the Act (registration of old mining permissions);
(b) paragraph 9(1) of schedule 9 of the Act (review of old mineral planning permissions); or
(c) paragraph 6(1) of schedule 10 of the Act (periodic review of mineral planning permissions);
“ROMP condition” means a condition to which a planning permission is subject (following the determination of a ROMP application) which requires approval, consent or agreement before all or any part of the development permitted by the planning permission (as so determined) may be begun or continued;
“ROMP development” means development which has yet to be carried out and which is authorised by a planning permission in respect of which a ROMP application has been or is to be made;
“Schedule 1 application” and “Schedule 2 application” mean an application for planning permission for Schedule 1 development and Schedule 2 development respectively;
“Schedule 1 development” means development, other than exempt development, of a description mentioned in schedule 1;
“Schedule 2 development” means development, other than exempt development, of a description mentioned in Column 1 of schedule 2 where—
(a) any part of that development is to be carried out in a sensitive area; or
(b) any applicable threshold or criterion in the corresponding part of Column 2 of that table is respectively exceeded or met in relation to that development;
“scoping direction” means a direction made by the Scottish Ministers as to the scope...
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