Environmental Assessment (Scotland) Regulations 1988
| Jurisdiction | UK Non-devolved |
| Citation | SI 1988/1221 |
| Year | 1988 |
1988 No. 1221 (S.122)
TOWN AND COUNTRY PLANNING, SCOTLANDELECTRICITYROADS AND BRIDGES, SCOTLANDLAND DRAINAGE
The Environmental Assessment (Scotland) Regulations 1988
Made 12th July 1988
Coming into force 15th July 1988
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 of all other powers enabling him in that behalf, hereby makes the following Regulations, a draft of which has been laid before and approved by a resolution of each House of Parliament:
PART I
INTRODUCTORY
Citation, commencement and extent
1.—(1) These Regulations may be cited as the Environmental Assessment (Scotland)Regulations 1988.
(2) These Regulations shall come into force on the third day after the days on which they are made.
(3) These Regulations extend to Scotland only.
Interpretation
2. In these Regulations, unless the contrary intention appears—
“aerodrome” means a defined area on land or water (including any buildings and other installations) intended to be used either wholly or in part for the arrival, departure and surface movement of aircraft;
“document” includes a map, diagram, illustration or other descriptive matter in any form and also includes where appropriate a copy of a document;
“environmental information” means
(a) any environmental statement required to be provided under these Regulations,
(b) any representations made by any authority, body or person required by the Regulations to be invited to make representations (or consulted), and
(c) any representations duly made by any other person about the likely environmental effects of the proposed development;
“environmental statement” means such a statement as is described in Schedule 3;
“exempt development” means development which is the subject of a direction by the Secretary of State that these regulations do not apply in relation to it;
“general development order” means the Town and Country Planning (General Development) (Scotland) Order 19813;
“planning authority” means—
(a) Borders Regional Council, Dumfries and Galloway Regional Council and Highland Regional Council,
(b) any district council, except a council for a district within any of the regions mentioned in paragraph (a) above, and
(c) Orkney Islands Council, Shetland Islands Council and the Western Isles Islands Council.
PART II
PLANNING
Application
3. This Part of these Regulations applies in any case where—
(a) an application for planning permission was received by a planning authority on or after 15th July 1988; or
(b) the notices and consultation of a planning authority under regulation 4(2) of the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 19814were given and carried out respectively, or the application of a planning authority was made, on or after 15th July 1988.
Interpretation
4.—(1) In this Part of these Regulations, unless the contrary intention appears—
“the Act” means the Town and Country Planning (Scotland) Act 19725and expressions used in these Regulations which are also used in the Act have the same meaning as they have in the Act;
“the 1981 Regulations” means the Town and Country Planning (Development by Planning Authorities) (Scotland) Regulations 1981;
“annex 1 application” or “annex 2 application” means an application for planning permission (other than an application made under section 28A or section 296for the carrying out of development of any description mentioned in Schedule 1 or Schedule 2 respectively, not being exempt development;
“controlled waste” has the meaning assigned to it by section 30(1) of the Control of Pollution Act 19747;
“regional planning authority” means the council of a Region other than the Highland Region, the Borders Region and the Dumfries and Galloway Region;
“register” means a register of applications for planning permission kept by the planning authority under section 31(2) in the manner prescribed in article 17(1) of the general development order;
“reporter” means a person appointed by the Secretary of State under Schedule 7 to the Act to determine an appeal under section 33, or to report to the Secretary of State on an application for planning permission referred to the Secretary of State under section 32 or which is the subject of an appeal under section 33;
“special road” means a special road authorised by means of a scheme (other than a scheme made by the Secretary of State) under section 7 of the Roads (Scotland) Act 19848for the use of traffic falling within Classes I and II in Schedule 3 to that Act;
“special waste” means waste which is special waste for the purposes of the Control of Pollution (Special Waste) Regulations 19809;
references to receipt by a planning authority of applications for planning permission are to be construed as references to receipt as specified in article 10(6) of the general development order; and
references to sections are references to sections of the Act, and references to Schedules are references to Schedules to these Regulations.
(2) Where the Secretary of State gives a direction which includes a statement that in his opinion proposed development would be likely, or would not be likely, to have significant effects on the environment by virtue inter alia of its nature, size or location or includes such a statement in a notification under regulation 13(2), that statement shall determine whether an application for planning permission for that development is, or is not, an annex 2 application falling within the terms of regulation 6(1)(b) by reason of the effects the development would be likely to have, and references in these Regulations to an application to which regulation 6 applies shall be interpreted accordingly.
Extension of the power to provide in a development order for the giving of directions as respects the manner in which planning applications are dealt with
5. The provisions enabling the Secretary of State to give directions which may be included in a development order by virtue of section 28 shall include provisions enabling him to direct—
(a) that particular proposed development of a description set out in Schedule 1 or 2 is exempt development to which these Regulations do not apply;
(b) that particular proposed development is not development in respect of which consideration of environmental information is required before planning permission can be granted;
(c) that particular proposed development or development of any class is development in respect of which consideration of environmental information is so required.
Prohibition on the grant of planning permission without consideration of environmental information
6.—(1) This regulation applies to—
(a)
(a) an annex 1 application; or
(b)
(b) an annex 2 application where the proposed development shall be likely to have significant effects on the environment by virtue inter alia of its nature, size or location.
(2) The planning authority, the Secretary of State or a reporter shall not grant planning permission in respect of an application to which this regulation applies unless they have taken into consideration environmental information in respect of the proposed development.
(3) Subject to any direction by the Secretary of State, for the purposes of paragraph (1)(b) a proposed development shall only be taken to be likely to have significant effects on the environment by virtue inter alia of its nature, size or location where the applicant and the planning authority accept that this is the case.
Opinions, directions, etc.
0pinion of planning authority prior to planning application
7.—(1) An applicant may, before applying for planning permission, request in writing the planning authority’s opinion on—
(a)
(a) whether the proposed development would fall within any of the descriptions mentioned in Schedule 1; or
(b)
(b) whether the proposed development would fall within any of the descriptions mentioned in Schedule 2 and, if so, whether it would be likely to have significant effects on the environment.
(2) A request under paragraph (1) shall be accompanied by—
(a)
(a) a plan sufficient to identify the land on which the proposed development would be carried out; and
(b)
(b) a brief description of the nature and purpose of the proposed development and of its possible effects on the environment.
(3) On receipt of any such request—
(a)
(a) the planning authority shall send the applicant an acknowledgement stating the date of receipt;
(b)
(b) the planning authority shall consult such of the authorities, bodies or persons mentioned in Schedule 4 as they consider appropriate in respect of the request under paragraph (1).
(4) The planning authority shall within 4 weeks, or such longer period as the parties agree in writing, beginning with the date of receipt of a request, give the applicant their written opinion with reasons therefor on the questions raised.
(5) Where the planning authority give an opinion under paragraph (4)...
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