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The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 in Scotland

S.I. 2017/571 · Made 18 April 2017 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 1 May 2025.

Town And Country Planning

Made 18th April 2017

Laid before Parliament 19th April 2017

Coming into force 16th May 2017

The Secretary of State has been designated M1 for the purposes of section 2(2) of the European Communities Act 1972 M2 in relation to measures relating to the environment.

The Secretary of State in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 71A(1) and (2) and 298A(2) of the Town and Country Planning Act 1990 M3, and having taken into account the selection criteria in Annex III to Council Directive 2011/92/EU M4, makes the following Regulations:C1C2C3C4

Annotations to the whole text

Marginal citations

M1

S.I. 2008/301.

M2

1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (c.7).

M3

1990 c.8. Section 71A was inserted by section 15 of the 1991 Act, and was amended by paragraph 16 of Schedule 12 to the Housing and Planning Act 2016 (c. 22) and S.I. 2011/1043.

M4

OJ No. L 26, 28.1.2012, p.1.

Modifications

C1

Regulations applied (with modifications) by The Town and Country Planning (Permission in Principle) Order 2017 (S.I. 2017/402), art. 5B(2)-(4) (as inserted (1.6.2018) by S.I. 2017/1309, arts. 1, 4)

C2

Regulations modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 55(1)

C3

Regulations power to amend or revoke conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 1 (with s. 247)

C4

Regulations power to modify (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 108(3), 255(3)(a) (with s. 247)

Contents

  1. 1Citation, commencement and application
  2. 3Prohibition on granting planning permission or subsequent consent for EIA development
  3. 4Environmental impact assessment process
  4. 5General provisions relating to screening
  5. 6Requests for screening opinions of the relevant planning authority
  6. 7Requests for screening directions of the Secretary of State
  7. 8Applications which appear to require screening opinion
  8. 9Subsequent applications where environmental information previously provided
  9. 10Subsequent applications where environmental information not previously provided
  10. 13Application referred to the Secretary of State without an environmental statement
  11. 14Appeal to the Secretary of State without an environmental statement
  12. 15Scoping opinions of the local planning authority
  13. 16Scoping directions of the Secretary of State
  14. 17Procedure to facilitate preparation of environmental statements
  15. 18Environmental statements
  16. 21Provision of copies of environmental statements, any other information and further information for the Secretary of State on referral or appeal
  17. 22Procedure where an environmental statement is submitted to the Secretary of State
  18. 23Availability of copies of environmental statements
  19. 24Charges for copies of environmental statements
  20. 25BExceptions to requirements in relation to inspection of copies and availability of copies for the period from 1st July 2021 to 31st December 2021
  21. 26Consideration of whether planning permission or subsequent consent should be granted
  22. 28Availability of opinions, directions etc for inspection
  23. 29Information to accompany decisions
  24. 30Duty to inform the public and the Secretary of State of final decisions
  25. 31New simplified planning zone schemes or enterprise zone orders
  26. 33AOther orders made by a local planning authority
  27. 33BMiscellaneous orders and notices made by the Secretary of State
  28. 35Duty to ensure objectives of the Directive are met
  29. 38Screening directions of the Secretary of State
  30. 39Provision of information
  31. 42Procedure where an environmental statement is submitted to the Secretary of State
  32. 43Further information and evidence respecting environmental statements
  33. 44Publicity for environmental statements or further information
  34. 46Significant transboundary effects
  35. 47General application of the Regulations to ROMP applications
  36. 48Modification of provisions on prohibition of granting planning permission or subsequent consent
  37. 49Modification of provisions on application to local planning authority without an environmental statement
  38. 50Disapplication of regulations and modifications of provisions on application referred to or appealed to the Secretary of State without an environmental statement
  39. 51Substitution of references to section 78 right of appeal and modification of provisions on appeal to the Secretary of State without an environmental statement
  40. 53Modification of provisions on application to the High Court and giving of directions
  41. 54Suspension of minerals development
  42. Part 11: Exemptions
  43. 60Projects serving national defence purposes in Scotland
  44. 64Objectivity and bias
  45. 65Service of notices etc
  46. 66Application to the High Court
  47. 67Hazardous waste and material change of use
  48. 68Extension of the period for an authority's decision on a planning application
  49. 69Extension of the power to provide in a development order for the giving of directions as respects the manner in which planning applications are dealt with
  50. 70Application to the Crown
  51. 71Review
  52. 72Amendment of the Town and Country Planning (Development Management Procedure) (England) Order 2015
  53. 73Amendment of the Town and Country Planning (General Permitted Development) (England) Order 2015
  54. 74Amendment of the Town and Country Planning (Section 62A Applications) (Procedure and Consequential Amendments) Order 2013
  55. 75Amendment of the Neighbourhood Planning (General) Regulations 2012
  56. 76Revocation and transitional provisions
  57. Signature
  58. Interpretation
  59. 1Descriptions of development
  60. 2Descriptions of development
  61. 3Descriptions of development
  62. 4Descriptions of development
  63. 5Descriptions of development
  64. 6Descriptions of development
  65. 7Descriptions of development
  66. 8Descriptions of development
  67. 10Descriptions of development
  68. 11Descriptions of development
  69. 12Descriptions of development
  70. 13Descriptions of development
  71. 14Descriptions of development
  72. 15Descriptions of development
  73. 16Descriptions of development
  74. 17Descriptions of development
  75. 18Descriptions of development
  76. 19Descriptions of development
  77. 20Descriptions of development
  78. 21Descriptions of development
  79. 22Descriptions of development
  80. 23Descriptions of development
  81. 24Descriptions of development
  82. Schedule 3: SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT
  83. 1Characteristics of development
  84. 2Location of development
  85. 3Types and characteristics of the potential impact
  86. Schedule 4: INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS
  87. 1Paragraph 1
  88. 2Paragraph 2
  89. 3Paragraph 3
  90. 4Paragraph 4
  91. 5Paragraph 5
  92. 6Paragraph 6
  93. 7Paragraph 7
  94. 8Paragraph 8
  95. 9Paragraph 9
  96. 10Paragraph 10
  97. Explanatory note