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

JurisdictionScotland
CitationSSI 2017/102
  • These Regulations may be cited as the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 and come into force on 16th May 2017.
  • (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) supplementary information required in accordance with regulation 26(2) ; or
      • (b) any other information provided by the developer which, in the opinion of the planning authority or the Scottish Ministers, as the case may be, is substantive information about a matter to be included in the EIA report in accordance with regulation 5(2) ;
    • application for multi-stage consent” means an application for approval, consent or agreement required by a multi-stage condition;
    • application website” means a website maintained by the planning authority, or the Scottish Ministers, as the case may be, for the purpose of making publicly available information relating to applications to which these Regulations apply;
    • the CCS Directive” means Directive 2009/31/EC of 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/EC and Regulation (EC) No. 1013/2006F56, as Directive 2009/31/EC had effect immediately before IP completion day
    • 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; and
      • (e) Historic Environment Scotland;
    • decision notice” has the meaning given in regulation 29;
    • “developer”—
      • (a) means, in relation to—
        • (i) an application for planning permission, the applicant;
        • (ii) an appeal under section 47 (right to appeal against planning decisions and failure to take such decisions) , the appellant;
        • (iii) ... an application for multi-stage consent, the applicant;
        • (iv) a review under section 43A(8) (right to require review of planning decisions and failure to take such decisions) , the applicant for planning permission or, as the case may be, for multi-stage consent; and
        • (v) ... a ROMP application, the applicant; and
      • (b) for the purposes of regulations 7 to 10 and 17 to 19 includes a prospective applicant;
    • the Development Management Procedure Regulations” means the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 ;
    • the Directive” means 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 F57, as it had effect immediately before IP completion day
    • 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;
    • EIA report” has the meaning given in regulation 5;
    • electronic communication” has the meaning given in section 15(1) (general interpretation) of the Electronic Communications Act 2000 ;
    • environmental impact assessment” has the meaning given in regulation 4;
    • environmental information” means—
      • (a) the EIA report submitted in respect of the proposed development;
      • (b) any additional information submitted in respect of the development;
      • (c) any representations made by any consultation body, or other public body, consulted in respect of the development in accordance with these Regulations; and
      • (d) any representations duly made by any other person about the environmental effects of the development;
    • exempt development” means development in respect of which the Scottish Ministers have made a direction under regulation 6(4) or (6) ;
    • 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) ) and any material change of use of equipment so placed or assembled;
    • the land” means the land on which the proposed development would be carried out;
    • marine protected area” means an area designated as—
      • (a) a nature conservation marine protected area;
      • (b) a demonstration and...

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