# The Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024, Note: Explanatory note (This note is not part of the Regulations) These Regulations make provision in relation to assessment of the environmental impacts of certain projects where they are included within a masterplan consent area scheme made under schedule 5A of the Town and Country Planning (Scotland) Act 1997 (“the Act”). The Regulations impose procedural requirements in relation to the consideration of authorisation of development granted by a masterplan consent area scheme. These requirements apply where a masterplan consent area scheme grants authorisation for EIA development. Development which requires an environmental impact assessment (“EIA”) is referred to in the Regulations as “EIA development” and is defined in regulation 2 by reference to established classes and criteria set out in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (“the 2017 Regulations”). Schedule 1 development and Schedule 2 development are defined by reference to the 2017 Regulations. All Schedule 1 development requires an EIA. Schedule 2 development requires an EIA if it is likely to have significant effects on the environment. Regulation 3 prohibits the making of a masterplan consent area scheme which authorises EIA development unless an EIA is carried out and that the planning authority or the Scottish Ministers have first taken account of the environmental information (defined in regulation 2(1)) which is before them. Regulation 4 sets out what the environmental assessment process comprises and regulation 5 sets out the content of an EIA report. Part 2 sets out procedures for determining whether development is EIA development. Regulation 6 sets out which events will establish that development is EIA development. Regulation 7 makes general provision in relation to screening opinions or directions, including that any opinion or direction must be made by reference to the criteria in Schedule 1. Part 3 sets out procedures to be followed in the preparation of environmental impact assessment reports. Regulation 8 make provision for adoption of a scoping opinion by the planning authority or by the Scottish Ministers in respect of the information to be included in an EIA report. The planning authority or the Scottish Ministers must consult bodies with environmental responsibilities before adopting a scoping opinion. Regulation 9 requires consultation bodies, if requested, to assist the preparation of an EIA report by making information available. Regulations 10 and 11 require publication of notice of the preparation of an EIA report to be given. Regulation 12 provides for consultation where an EIA report is prepared. Regulations 13 and 15 are concerned with the provision of copies of an EIA report. Regulation 14 makes provision for where a proposed masterplan consent area scheme which is subject to a call-in direction under paragraph 14 of schedule 5A of the Act relates to EIA development and is not accompanied by an EIA report. Part 5 (regulations 16 and 17) contains procedures in respect of the need for and publication of information additional to that contained in the EIA report. Regulation 18 provides for documents to be placed on the planning register or otherwise made available to the public. Regulation 19 sets out the information which is to be included in notification of the making of a masterplan consent area scheme. Regulation 21 sets out how notification of the making of the scheme is to be given. Regulation 20 makes provides for the consideration of monitoring measures. Part 7 makes provision for special cases. Regulation 22 modifies the application of the Regulations as they relate to marine fish farms. Regulation 23 provide for consultation with EEA States where development is likely to have significant effects on the environment in an EEA State. Part 8 sets out how the Regulations are to apply in relation to the alteration of a masterplan consent area scheme. Part 9 contains miscellaneous provisions. Regulations 25 to 27 allow the use of electronic communication. Regulation 28 provides for the service of notices under the Regulations. Regulation 29 provides that a grant of permission in contravention of regulation 3 shall be treated, for the purpose of section 239 of the Town and Country Planning (Scotland) Act 1997, as an act which is not within the powers of that Act. Regulation 30 enables the Scottish Ministers to make directions that certain classes of development are EIA development. Regulation 31 provides for avoidance of conflicts of interest and regulation 32 provides for co-ordination of assessments. Regulation 33 amends the 2017 Regulations to apply the provisions in the 2017 Regulations for multi-stage consents to such consents where required by a condition of a masterplan consent area scheme. --- Source: https://www.legislation.gov.uk/sdsi/2024/9780111060933/note (the official version) Page: https://openlegislation.uk/draft-masterplan-consent-area-scheme-environmental-impact-assessment-scotland-regulations-2024/note Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.