Regulation 22 Development by planning authority – preliminary

(1)

Before a planning authority take any action under regulation 4 of the 1981 Regulations in respect of development which appears to them to be Schedule 1 or Schedule 2 development, they shall–

(a)

consult such of the consultation bodies as they consider appropriate and then adopt a screening opinion; or

(b)

request the Scottish Ministers in writing to make a screening direction.

(2)

Where a planning authority are minded to undertake development which appears to them to be Schedule 1 or Schedule 2 development and which they consider may be development–

(a)

of a description specified in Schedule 1 to the Town and Country Planning (General Permitted Development) (Scotland) Order 1992^f1 (other than development of a description specified in article 3(10) of that Order); or

(b)

for which permission would be granted but for regulation 27(1),

they shall–

(i)

consult such of the consultation bodies as they consider appropriate and then adopt a screening opinion; or

(ii)

request the Scottish Ministers in writing to make a screening direction.

(3)

Any approach for consultation or request to the Scottish Ministers under paragraph (1) or (2) shall be accompanied by–

(a)

a plan sufficient to identify the land on which the development would be carried out;

(b)

a brief description of the nature and purpose of the development and of its possible effects on the environment; and

(c)

such other information or representations as the authority may wish to provide or make.

(4)

Paragraphs (3) and (4) of regulation 6 shall apply to a request under paragraph (1)(b) or (2)(ii) of this regulation as they apply to a request made pursuant to regulation 5(6).

(5)

Where the screening opinion of the planning authority is to the effect that their development is EIA development or the Scottish Ministers make a screening direction to that effect, the planning authority shall prepare an environmental statement in respect of the development.

(6)

This regulation and regulations 23 to 26 shall not apply in a case where the notices and consultation of a planning authority under regulation 4(2) of the 1981 Regulations were given and carried out respectively, or the application of a planning authority was made, before 1st August 1999.

Annotations

Footnotes

f1: S.I. 1992/223; relevant amending instrument is S.I. 1997/1871.