The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 (revoked)

1. Introductory Text

2. PART 1 INTRODUCTORY

   1. 1. Citation and commencement

   2. 2. Interpretation

   3. 3. Prohibition on granting planning permission without an environmental impact assessment

   4. 3A. Environmental impact assessment

   5. 4. Consideration of environmental information when determining an application for multi stage consent

3. PART 2 SCREENING

   1. 5. General provisions relating to screening

   2. 6. Requests for screening opinions of the planning authority

   3. 7. Requests for screening directions of the Scottish Ministers

4. PART 3 PROCEDURES CONCERNING APPLICATIONS FOR PLANNING PERMISSION

   1. 8. Application or request to review made to a planning authority without an environmental statement

   2. 9. EIA application made to a planning authority without an environmental statement

   3. 10. Application or Appeal to the Scottish Ministers without an environmental statement

   4. 11. EIA application referred to the Scottish Ministers without an environmental statement

   5. 12. Appeal to the Scottish Ministers without an environmental statement

   6. 13. Review by the planning authority of an application without an environmental statement

5. PART 4 PREPARATION OF ENVIRONMENTAL STATEMENTS

   1. 14. Scoping opinions of the planning authority

   2. 15. Scoping directions of the Scottish Ministers

   3. 16. Procedure to facilitate preparation of environmental statements

6. PART 5 PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL STATEMENTS

   1. 17. Notification of environmental statement

   2. 18. Publication of environmental statement

   3. 19. Consultation where environmental statement received by planning authority

   4. 20. Copies of environmental statement for the Scottish Ministers

   5. 21. Consultation where environmental statement received by the Scottish Ministers

   6. 22. Copies of environmental statement for the public

7. PART 6 ADDITIONAL INFORMATION

   1. 23. Additional information and evidence relating to environmental statements

   2. 24. Publication of additional information

8. PART 7 AVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS

   1. 25. Availability of opinions, directions etc. for inspection

   2. 26. Duties to inform the public and the Scottish Ministers of final decisions

9. PART 8 APPLICATIONS FOR MULTI-STAGE CONSENT

   1. 27. Requests for screening opinions and screening directions

   2. 28. Application for multi-stage consent without environmental statement

   3. 29. Application for multi-stage consent referred or appealed to the Scottish Ministers without an environmental statement

   4. 30. Modification of regulations relating to application for multi-stage consent

   5. 31. Application for multi-stage consent – simplified planning scheme, enterprise zone scheme and ROMP condition

10. PART 9 SPECIAL CASES

    1. 32. Simplified planning zone schemes or enterprise zone orders

    2. 33. ROMP applications

    3. 34. Applications for permission under section 242A

    4. 35. Marine fish farming

11. PART 10 DEVELOPMENT WITH SIGNIFICANT TRANSBOUNDARY EFFECTS

    1. 36. Development in Scotland likely to have significant effects in an EEA State other than the United Kingdom

    2. 37. Projects in another EEA State likely to have significant transboundary effects

12. PART 11 MISCELLANEOUS

    1. 38. Electronic communications – general

    2. 39. Electronic communications – deemed agreement

    3. 40. Withdrawal of consent to use of electronic communications

    4. 41. Service of notices etc.

    5. 42. Application to the Court of Session

    6. 43. Hazardous waste and material change of use

    7. 44. Extension of the period for an authority's decision on a planning application

    8. 45. Directions as to whether development is EIA development

    9. 46. Access to review procedure before a court

    10. 47. Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992

    11. 48. Amendment of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2008

    12. 49. Revocation and savings

13. Signature

14. 1. SCHEDULE 1

       DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”

       1. Interpretation

       2. Descriptions of development

       3. 1. Crude–oil refineries (excluding undertakings manufacturing only lubricants from crude–oil) and...

       4. 2. (1) Thermal power stations and other combustion installations with a...

       5. 3. (1) Installations for the reprocessing of irradiated nuclear fuel.

       6. 4. (1) Integrated works for the initial smelting of cast–iron and...

       7. 5. Installations for the extraction of asbestos and for the processing...

       8. 6. Integrated chemical installations, that is to say, installations for the...

       9. 7. (1) Construction of lines for long–distance railway traffic and of...

       10. 8. (1) Inland waterways and ports for inland–waterway traffic which permit...

       11. 9. Waste disposal installations for the incineration, chemical treatment (as defined...

       12. 10. Waste disposal installations for the incineration or chemical treatment (as...

       13. 11. Groundwater abstraction or artificial groundwater recharge schemes where the annual...

       14. 12. (1) Works for the transfer of water resources, other than...

       15. 13. Waste water treatment plants with a capacity exceeding 150,000 population...

       16. 14. Extraction of petroleum and natural gas for commercial purposes where...

       17. 15. Dams and other installations designed for the holding back or...

       18. 16. Pipelines with a diameter of more than 800 millimetres and a...

       19. 17. Installations for the intensive rearing of poultry or pigs with...

       20. 18. Industrial plants for— (a) the production of pulp from timber...

       21. 19. Quarries and open–cast mining where the surface of the site...

       22. 20. Installations for storage of petroleum, petrochemical or chemical products with...

       23. 21. Storage sites pursuant to the CCS Directive.

       24. 22. Installations for the capture of carbon dioxide streams for the...

       25. 23. Any change to or extension of development listed in this...

    2. SCHEDULE 2

       DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”

       1. 1. In the table below— “area of the works” includes any...

       2. 2. The table below sets out the descriptions of development and...

    3. SCHEDULE 3

       SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT

       1. 1. Characteristics of development

       2. 2. Location of development

       3. 3. Characteristics of the potential impact

    4. SCHEDULE 4

       INFORMATION FOR INCLUSION IN ENVIRONMENTAL STATEMENTS

       1. PART 1

          1. 1. Description of the development, including in particular—

          2. 2. An outline of the main alternatives studied by the applicant...

          3. 3. A description of the aspects of the environment likely to...

          4. 4. A description of the likely significant effects of the development...

          5. 5. A description of the measures envisaged to prevent, reduce and...

          6. 6. A non–technical summary of the information provided under paragraphs 1 to 5...

          7. 7. An indication of any difficulties (technical deficiencies or lack of...

       2. PART 2

          1. 1. A description of the development comprising information on the site,...

          2. 2. A description of the measures envisaged in order to avoid,...

          3. 3. The data required to identify and assess the main effects...

          4. 4. An outline of the main alternatives studied by the applicant...

          5. 5. A non–technical summary of the information provided under paragraphs 1 to 4...

    5. SCHEDULE 5

       FORM OF NOTICE UNDER REGULATION 17

       1. THE TOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) SCOTLAND REGULATIONS 2011

          1. NOTICE UNDER REGULATION 17

15. Explanatory Note