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Regulation 10 Publicity of opinions, determinations and decisions

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

The Scottish Ministers shall send to the planning authority within whose area the land which is the subject of the proposed application is situated (or, in relation to a proposed development in, on, over or under the sea, such planning authority or planning authorities as the Scottish Ministers consider appropriate) a copy of–

(a)

any screening opinion or determination under regulation 6; and

(b)

any scoping opinion,

and the relevant planning authority shall take steps to ensure that such documents are made available for public inspection at all reasonable hours at the place where the register is kept.

(2)

If an application for a section 36 consent or a section 37 consent is made and any documents relating to it are sent to a planning authority pursuant to paragraph (1), the planning authority shall take steps to ensure that the documents received pursuant to paragraph (1) are also placed on Part I of the register (together with a copy of any environmental statement served on the planning authority pursuant to regulation 11).

(3)

Where an application for a section 36 consent or a section 37 consent which relates to EIA development is determined by the Scottish Ministers, the Scottish Ministers shall inform the public by issuing a press notice (or by such other means as they consider appropriate) and shall send to the planning authority within whose area the land which is the subject of the application is situated (or, in relation to a development in, on, over or under the sea, such planning authority or planning authorities as the Scottish Ministers consider appropriate) a statement containing–

(a)

the content of any decision and any conditions attached to any consent granted;

(b)

the main reasons and considerations on which the decision is based; and

(c)

a description where necessary of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development,

and that planning authority shall make such statement available for public inspection at all reasonable hours at a place where the register is kept.

(4)

The Scottish Ministers shall also make the information contained in the press or other notice issued pursuant to paragraph (3) available to any EEA State consulted in accordance with regulation 12.