# The Environmental Impact Assessment (Scotland) Regulations 1999, 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 (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.

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Source: https://www.legislation.gov.uk/ssi/1999/1/regulation/22 (the official version)
Page: https://openlegislation.uk/environmental-impact-assessment-scotland-regulations-1999/regulation-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.