{
  "url": "https://openlegislation.uk/draft-masterplan-consent-area-scheme-environmental-impact-assessment-scotland-regulations-2024/regulation-19",
  "json_url": "https://openlegislation.uk/draft-masterplan-consent-area-scheme-environmental-impact-assessment-scotland-regulations-2024/regulation-19.json",
  "legislation": "sdsi/2024/9780111060933",
  "legislation_title": "The Masterplan Consent Area Scheme (Environmental Impact Assessment) (Scotland) Regulations 2024",
  "legislation_url": "https://openlegislation.uk/draft-masterplan-consent-area-scheme-environmental-impact-assessment-scotland-regulations-2024",
  "path": "regulation/19",
  "kind": "regulation",
  "number": "19",
  "heading": "Decision notice",
  "text": "(1) Where a masterplan consent area scheme which authorises EIA development is made by a planning authority or the Scottish Ministers, the planning authority or the Scottish Ministers, as the case may be, must publish notification of the decision to make the scheme (“the decision notice”) and the decision notice must include the information specified in paragraph (2).\n(2) The information is—\n(a) the main reasons and considerations on which the decision is based including reasons for any conditions, limitations or exceptions,\n(b) information about the arrangements taken to ensure the public had the opportunity to participate in the decision making procedures,\n(c) a summary of—\n(i) the environmental information,\n(ii) the results of the consultations and information gathered pursuant to Parts 4 and 5 and, where relevant, Part 7 and how those results, in particular comments received from an EEA State pursuant to consultation under regulation 23, have been incorporated or otherwise addressed,\n(d) any conditions, limitations or exceptions to which the scheme is subject,\n(e) the reasoned conclusion referred to in regulation 4(1)(d),\n(f) a statement that the planning authority or the Scottish Ministers, as the case may be, are satisfied that the reasoned conclusion is still up to date,\n(g) a description of any mitigation measures,\n(h) a description of any monitoring measures required under regulation 20,\n(i) information regarding the right to challenge the validity of the decision and the procedures for doing so.\n(3) Where regulation 4(6) applies, the decision notice must describe the matters in respect of which the planning authority or the Scottish Ministers, as the case may be, consider that the effects of the proposed development are not fully identifiable at the time of their decision to make the masterplan consent area scheme.\n(4) For the purposes of paragraph (2)(f) the reasoned conclusion referred to in regulation 4(1)(d) is still up to date if the planning authority or the Scottish Ministers, as the case may be, are satisfied, having regard to current knowledge and methods of assessment, that the reasoned conclusion addresses the likely significant effects of the proposed development on the environment.\n(5) In this regulation “planning obligation” has the meaning given in section 75 and in this regulation and in regulation 20—\n“mitigation measures” means any features of the proposed development and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment including any such features or measures required by virtue of—\n(a) a condition or limitation to which the authorisation given by the masterplan consent area scheme is subject,\n(b) a planning obligation,\n“monitoring measures” means measures requiring the monitoring of any significant adverse effects on the environment of the proposed development including any such measures required by virtue of—\n(a) condition or limitation to which the authorisation given by the masterplan consent area scheme is subject, or\n(b) a planning obligation.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/sdsi/2024/9780111060933/regulation/19",
    "retrieved_at": "2026-10-30T15:29:04.647794+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}