Environmental Assessment (Scotland) Amendment Regulations 1997
| Jurisdiction | UK Non-devolved |
| Citation | SI 1997/1870 |
| Year | 1997 |
(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 1988.(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.The amendments made to the In regulation 2 after the definition of “planning authority” insert– after the definition of “the Act” insert– in the definition of “annex 1 application” and “annex 2 application”, after “means an application” insert “or deemed application”; after the definition of “controlled waste” insert– after the definition of “register” insert– for the definition of “reporter” substitute– after the definition of “special waste” insert– is within a description mentioned in Schedule 1; oris within a description mentioned in Schedule 2 and would be likely to have significant effects on the environment by virtue inter alia of its nature, size or location;After regulation 4(2) insert– 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 virtue inter 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.In regulation 6 after “the proposed development” each time they occur insert “or development”. In regulation 7(1) for “An applicant may, before applying for planning permission” substitute “The persons mentioned in paragraph (1A) may”. After regulation 7(1) insert– a person other than a planning authority who is minded to undertake development which appears to him to be relevant development;an applicant before applying for planning permission.In paragraphs (3) , (4) , (5) , (6) and (7) of regulation 7 for “applicant” wherever it appears substitute “person making the request”. For regulation 7(8) substitute– 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;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.After regulation 7(8) insert– Paragraph (8) (b) above applies notwithstanding that the authority may not have received further information which they have sought under paragraph (6) above.In regulation 7(9) after “applicant” insert “(as mentioned in paragraph (1A) (b) above) ”. After regulation 7(9) insert– 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.after “accompanying documents” insert “and every related direction of the Secretary of State and accompanying statement of reasons”; and for “until such time” to the end substitute–
- “relevant development” means development of any description specified in Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992
- (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.
- (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.
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