The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations2011
| Year | 2011 |
2011 No. 139
Town And Country Planning
The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011
Made 21th February 2011
Laid before the Scottish Parliament 23th February 2011
Coming into force 1st June 2011
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721, section 56 of the Finance Act 19732, section 40 of the Town and Country Planning (Scotland) Act 19973and all other powers enabling them to do so.
They have taken into account the selection criteria in Annex III to Council Directive on the assessment of the effects of certain public and private projects on the environment ( 85/337/EEC)4.
PART 1
INTRODUCTORY
Citation and commencement
1. These Regulations may be cited as the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 and come into force on 1st June 2011.
Interpretation
2.—(1) In these Regulations—
“the Act” means the Town and Country Planning (Scotland) Act 1997 and references to sections without reference to the Act are references to sections of that Act;
“additional information” means—
(a) information required in accordance with regulation 23(2) or (3); and
(b) any other substantive information provided by the applicant or appellant (as the case may be) relating to any environmental statement.
“application for multi-stage consent” means an application for approval, consent or agreement required by—
(a) a condition imposed on planning permission granted on an application made under Part III of the Act or section 242A5where that approval, consent or agreement must be obtained before all or part of the development permitted by the planning permission may be begun;
(b) a condition specified in a simplified planning zone scheme, where that approval, consent or agreement must be obtained before all or part of the development permitted by planning permission granted by the adoption or approval of that scheme may be begun;
(c) a condition specified in an enterprise zone scheme, where that approval, consent or agreement must be obtained before all or part of the development permitted by the planning permission granted by that enterprise zone scheme may be begun; or
(d) a ROMP condition (as defined below);
“the CCS Directive” means Directive 2009/31/ECof the European Parliament and of the Council on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/ECand Regulation (EC) No. 1013/20066;
“the consultation bodies” means—
(a) any adjoining planning authority, where the development is likely to affect land in their area;
(b) Scottish Natural Heritage;
(c) Scottish Water;
(d) the Scottish Environment Protection Agency;
(e) the Scottish Ministers; and
(f) other bodies designated by statutory provision as having specific environmental responsibilities and which the planning authority or the Scottish Ministers, as the case may be, considers are likely to have an interest in the application;
“the Development Management Procedure Regulations” means the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 20087;
“the Directive” means Council Directive on the assessment of the effects of certain public and private projects on the environment ( 85/337/EEC);
“EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 19928as adjusted by the Protocol signed at Brussels on 17th March 19939;
“EIA application” means an application for planning permission for EIA development;
“EIA development” means development which is either—
(a) Schedule 1 development; or
(b) Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location;
“electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 200010;
“environmental information” means any environmental statement and any additional information, any representations made by any body required by these Regulations to be invited to make representations and any representations duly made by any other person about the environmental effects of the development;
“environmental statement” means a statement—
(a) that includes such of the information referred to in Part 1 of Schedule 4 as is reasonably required to assess the environmental effects of the development and which the applicant can, having regard in particular to current knowledge and methods of assessment, reasonably be required to compile, but
(b) that includes at least the information referred to in Part 2 of Schedule 4;
“exempt development” means development in respect of which the Scottish Ministers have made a direction under regulation 5(4);
“fish farming” means the breeding, rearing or keeping of fish, excluding shellfish;
“fish farm development” means the placing or assembly of any equipment in marine waters for the purposes of fish farming (“equipment” having the same meaning as in section 26(6))11and any material change of use of equipment so placed or assembled;
“the land” means the land on which the development would be carried out or, in relation to development already carried out, has been carried out;
“marine waters” means the waters described in paragraphs (b) and (c) of subsection (6) of section 26;
“planning authority” means the body to whom it falls, fell, or would, but for a direction under—
(a) section 46 (call‑in of applications by the Scottish Ministers), fall to determine an application for planning permission; or
(b) paragraph 19 of Schedule 8, paragraph 13 of Schedule 9 or paragraph 8 of Schedule 10 (reference of applications to the Scottish Ministers) to the Act, fall to determine a ROMP application;
“register” means a register kept pursuant to section 3612(registers of applications etc.);
“reporter” means a person appointed by the Scottish Ministers under Schedule 4 to the Act (determination of certain appeals by persons appointed by Scottish Ministers) to determine an appeal under section 47 (right to appeal against planning decisions and failure to take such decisions), or to report to them on an application for planning permission referred to them under section 46 (call-in of applications by the Scottish Ministers) or which is the subject of an appeal under section 47;
“ROMP application” means an application to a planning authority to determine the conditions to which a planning permission is to be subject under—
(a) paragraph 14(2) of Schedule 8 to the Act (registration of old mining permissions);
(b) paragraph 9(1) of Schedule 9 to the Act (review of old mineral planning permissions); or
(c) paragraph 6(1) of Schedule 10 to the Act (periodic review of mineral planning permissions);
“ROMP condition” means a condition to which a planning permission is subject (following the determination of a ROMP application) which requires approval, consent or agreement before all or any part of the development permitted by the planning permission (as so determined) may be begun or continued;
“ROMP development” means development which has yet to be carried out and which is authorised by a planning permission in respect of which a ROMP application has been or is to be made;
“Schedule 1 application” and “Schedule 2 application” mean an application for planning permission for Schedule 1 development and Schedule 2 development respectively;
“Schedule 1 development” means development, other than exempt development, of a description mentioned in Schedule 1;
“Schedule 2 development” means development, other than exempt development, of a description mentioned in Column 1 of Schedule 2 where—
(a) any part of that development is to be carried out in a sensitive area; or
(b) any applicable threshold or criterion in the corresponding part of Column 2 of that table is respectively exceeded or met in relation to that development;
“scoping direction” means a direction made by the Scottish Ministers as to the information to be provided in the environmental statement;
“scoping opinion” means the opinion of the planning authority as to the information to be provided in the environmental statement;
“screening direction” means a direction made by the Scottish Ministers as to whether development is EIA development;
“screening opinion” means a written statement of the opinion of the planning authority as to whether development is EIA development; and
“sensitive area” means any of the following:—
(a) land notified under sections 3(1) or 5(1) (sites of special scientific interest) of the Nature Conservation (Scotland) Act 200413;
(b) land in respect of which an order has been made under section 23 (nature conservation orders) of the Nature Conservation (Scotland) Act 2004;
(c) a European site within the meaning of regulation 10 of the Conservation (Natural Habitats, &c.) Regulations 199414;
(d) a property appearing in the World Heritage List kept under article 11(2) of the 1972 UNESCO Convention for the Protection of the World Cultural and Natural Heritage15;
(e) a scheduled monument within the meaning of the Ancient Monuments and Archaeological Areas Act 197916;
(f) a National Scenic Area as designated by a direction made by the Scottish Ministers under section 263A17; and
(g) an area designated as a National Park by a designation order made by the Scottish Ministers under section 6(1) of the National Parks (Scotland) Act 200018.
(2) Subject to paragraph (3), expressions used both in these Regulations and in the Act have the same meaning for the purposes of these Regulations as they have for the purposes of the Act.
(3) Expressions used both in these Regulations and in the Directive (whether or not also used in the Act) have the same meaning for...
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