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

S.S.I. 2017/102 · Made 29 March 2017 · Extends to Scotland

Up to date with all changes known to legislation.gov.uk, revised to 5 December 2024.

Town And Country Planning

Made 29th March 2017

Laid before the Scottish Parliament 31st March 2017

Coming into force 16th May 2017

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 M1, section 40 of the Town and Country Planning (Scotland) Act 1997 M2 and all other powers enabling them to do so.

They have taken into account the selection criteria in Annex III to Directive 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment M3.C1

Annotations to the whole text

Marginal citations

M1

1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3), the Legislative and Regulatory Reform Act 2006 (c.51), section 27, and the European Union (Amendment) Act 2008 (c.7), schedule 1, Part 1. The functions conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

M2

1997 c.8. Section 40 was amended by the Water Environment and Water Services (Scotland) Act 2003 (asp 3), section 24(3). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

M3

OJ L 26, 28.1.2012, p.1 as amended by Directive 2014/52/EU.

Modifications

C1

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. 2 (with s. 247)

Contents

  1. Part 1: INTRODUCTORY
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Prohibition on granting planning permission without an environmental impact assessment
  5. 4Environmental impact assessment
  6. 5Environmental Impact Assessment Report
  7. Part 2: DETERMINING WHETHER ENVIRONMENTAL IMPACT ASSESSMENT IS REQUIRED
  8. 6EIA Development
  9. 7General provisions relating to screening
  10. 8Requests for screening opinion of the planning authority
  11. 9Screening opinions – time period for decision
  12. 10Requests for screening directions of the Scottish Ministers
  13. Part 3: PROCEDURES CONCERNING APPLICATIONS FOR PLANNING PERMISSION
  14. 11Application or request to review made to a planning authority without prior screening
  15. 12EIA application made to a planning authority without an EIA report
  16. 13Application or Appeal to the Scottish Ministers without prior screening
  17. 14EIA application referred to the Scottish Ministers without an EIA report
  18. 15Appeal to the Scottish Ministers without an EIA report
  19. 16Review by the planning authority of an application without an EIA report
  20. Part 4: PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
  21. 17Scoping opinions of the planning authority
  22. 18Scoping directions of the Scottish Ministers
  23. 19Procedure to facilitate preparation of EIA reports
  24. Part 5: PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
  25. 20Notification of EIA report
  26. 21Publication of EIA report
  27. 22Consultation where EIA report received by planning authority
  28. 23Copy of EIA report for the Scottish Ministers
  29. 24Consultation where EIA report received by the Scottish Ministers
  30. 25Availability of copies of EIA report
  31. Part 6: ADDITIONAL INFORMATION
  32. 26Supplementary information and evidence relating to EIA reports
  33. 27Publication of additional information
  34. Part 7: AVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS
  35. 28Availability of opinions, directions etc. for inspection
  36. 29Decision notice
  37. 30Monitoring measures
  38. 31Notification of decision
  39. Part 8: APPLICATIONS FOR MULTI-STAGE CONSENT
  40. 32Prohibition on granting an application for multi-stage consent without an environmental impact assessment
  41. 33Application for multi-stage consent where EIA report previously provided
  42. 34Application for multi-stage consent without EIA report
  43. 35Application for multi-stage consent referred or appealed to the Scottish Ministers without an EIA report
  44. 36Modification of regulations relating to application for multi-stage consent
  45. Part 9: SPECIAL CASES
  46. 37Simplified planning zone schemes or enterprise zone orders
  47. 38ROMP applications
  48. 39Applications for permission under section 242A
  49. 40Marine fish farming
  50. Part 10: DEVELOPMENT WITH SIGNIFICANT TRANSBOUNDARY EFFECTS
  51. 41Development in Scotland likely to have significant effects in an EEA State ...
  52. 42Projects in an EEA State likely to have significant transboundary effects
  53. Part 11: MISCELLANEOUS
  54. 43Electronic communications – general
  55. 44Electronic communications – deemed agreement
  56. 45Withdrawal of consent to use of electronic communications
  57. 46Service of notices etc.
  58. 47Application to Court of Session
  59. 48Hazardous waste and material change of use
  60. 49Extension of the period for an authority's decision on a planning application
  61. 50Directions as to whether development is EIA development
  62. 51Access to review procedure before a court
  63. 52Competent authority – avoidance of conflict of interest
  64. 53Co-ordination of assessments
  65. 54Offences
  66. 55Offences by bodies corporate etc.
  67. Part 12: Amendments Revocations and Transitional Provisions
  68. 56Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992
  69. 57Amendment of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013
  70. 58Amendment of the Town and Country Planning (Appeals) (Scotland) Regulations 2013
  71. 59Amendment of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013
  72. 60Revocations and transitional provisions
  73. Signature
  74. Schedule 1: DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”
  75. Interpretation
  76. Descriptions of development
  77. 1Paragraph 1
  78. 2Paragraph 2
  79. 3Paragraph 3
  80. 4Paragraph 4
  81. 5Paragraph 5
  82. 6Paragraph 6
  83. 7Paragraph 7
  84. 8Paragraph 8
  85. 9Paragraph 9
  86. 10Paragraph 10
  87. 11Paragraph 11
  88. 12Paragraph 12
  89. 13Paragraph 13
  90. 14Paragraph 14
  91. 15Paragraph 15
  92. 16Paragraph 16
  93. 17Paragraph 17
  94. 18Paragraph 18
  95. 19Paragraph 19
  96. 20Paragraph 20
  97. 21Paragraph 21
  98. 22Paragraph 22
  99. 23Paragraph 23
  100. 24Paragraph 24
  101. Schedule 2: DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”
  102. 1Paragraph 1
  103. 2Paragraph 2
  104. Schedule 3: SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT
  105. 1Characteristics of development
  106. 2Location of development
  107. 3Characteristics of the potential impact
  108. Schedule 4: INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
  109. 1Paragraph 1
  110. 2Paragraph 2
  111. 3Paragraph 3
  112. 4Paragraph 4
  113. 5Paragraph 5
  114. 6Paragraph 6
  115. 7Paragraph 7
  116. 8Paragraph 8
  117. 9Paragraph 9
  118. 10Paragraph 10
  119. Schedule 5: FORM OF NOTICE UNDER REGULATION 20
  120. Part
  121. Part
  122. Schedule 6REVOCATIONS
  123. Explanatory note