The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
S.S.I. 2017/102 · Made 29 March 2017 · Extends to Scotland
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
- Part 1: INTRODUCTORY
- 1Citation and commencement
- 2Interpretation
- 3Prohibition on granting planning permission without an environmental impact assessment
- 4Environmental impact assessment
- 5Environmental Impact Assessment Report
- Part 2: DETERMINING WHETHER ENVIRONMENTAL IMPACT ASSESSMENT IS REQUIRED
- 6EIA Development
- 7General provisions relating to screening
- 8Requests for screening opinion of the planning authority
- 9Screening opinions – time period for decision
- 10Requests for screening directions of the Scottish Ministers
- Part 3: PROCEDURES CONCERNING APPLICATIONS FOR PLANNING PERMISSION
- 11Application or request to review made to a planning authority without prior screening
- 12EIA application made to a planning authority without an EIA report
- 13Application or Appeal to the Scottish Ministers without prior screening
- 14EIA application referred to the Scottish Ministers without an EIA report
- 15Appeal to the Scottish Ministers without an EIA report
- 16Review by the planning authority of an application without an EIA report
- Part 4: PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
- 17Scoping opinions of the planning authority
- 18Scoping directions of the Scottish Ministers
- 19Procedure to facilitate preparation of EIA reports
- Part 5: PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
- 20Notification of EIA report
- 21Publication of EIA report
- 22Consultation where EIA report received by planning authority
- 23Copy of EIA report for the Scottish Ministers
- 24Consultation where EIA report received by the Scottish Ministers
- 25Availability of copies of EIA report
- Part 6: ADDITIONAL INFORMATION
- 26Supplementary information and evidence relating to EIA reports
- 27Publication of additional information
- Part 7: AVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS
- 28Availability of opinions, directions etc. for inspection
- 29Decision notice
- 30Monitoring measures
- 31Notification of decision
- Part 8: APPLICATIONS FOR MULTI-STAGE CONSENT
- 32Prohibition on granting an application for multi-stage consent without an environmental impact assessment
- 33Application for multi-stage consent where EIA report previously provided
- 34Application for multi-stage consent without EIA report
- 35Application for multi-stage consent referred or appealed to the Scottish Ministers without an EIA report
- 36Modification of regulations relating to application for multi-stage consent
- Part 9: SPECIAL CASES
- 37Simplified planning zone schemes or enterprise zone orders
- 38ROMP applications
- 39Applications for permission under section 242A
- 40Marine fish farming
- Part 10: DEVELOPMENT WITH SIGNIFICANT TRANSBOUNDARY EFFECTS
- 41Development in Scotland likely to have significant effects in an EEA State ...
- 42Projects in an EEA State likely to have significant transboundary effects
- Part 11: MISCELLANEOUS
- 43Electronic communications – general
- 44Electronic communications – deemed agreement
- 45Withdrawal of consent to use of electronic communications
- 46Service of notices etc.
- 47Application to Court of Session
- 48Hazardous waste and material change of use
- 49Extension of the period for an authority's decision on a planning application
- 50Directions as to whether development is EIA development
- 51Access to review procedure before a court
- 52Competent authority – avoidance of conflict of interest
- 53Co-ordination of assessments
- 54Offences
- 55Offences by bodies corporate etc.
- Part 12: Amendments Revocations and Transitional Provisions
- 56Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992
- 57Amendment of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013
- 58Amendment of the Town and Country Planning (Appeals) (Scotland) Regulations 2013
- 59Amendment of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013
- 60Revocations and transitional provisions
- Signature
- Schedule 1: DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”
- Interpretation
- Descriptions of development
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- Schedule 2: DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”
- 1Paragraph 1
- 2Paragraph 2
- Schedule 3: SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT
- 1Characteristics of development
- 2Location of development
- 3Characteristics of the potential impact
- Schedule 4: INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 5: FORM OF NOTICE UNDER REGULATION 20
- Part
- Part
- Schedule 6REVOCATIONS
- Explanatory note