Explanatory note

This Order is linked with the Environmental Assessment (Scotland) Regulations 1988 (“the 1988 Regulations”), which are concerned with the implementation in Scotland of the provisions of Council Directive No. 85/337/EEC (O.J. No. L175, 5.7.85, p.40) on the assessment of the effects of certain public and private projects on the environment.

The Order amends the Town and Country Planning (General Development) (Scotland) Order 1981 to enable the Secretary of State to direct in the case of development of a description set out in Schedule 1 or 2 to the 1988 Regulations that it is exempt development to which those Regulations do not apply; that particular proposed development is, or is not, development in respect of which the consideration of environmental information is required by those Regulations before planning permission can be granted; and that development of any class is development in respect of which the consideration of such information is so required.

Regulation 2 of the 1988 Regulations defines “environmental information” to mean a statement (conforming with Schedule 3 to those Regulations) by the person seeking planning permission of the likely significant environmental effects of his proposed development and representations made by bodies consulted and others.