The Flood Risk Management (Flood Protection Schemes, Potentially Vulnerable Areas and Local Plan Districts) (Scotland) Regulations 2010

Regulation 4(2)

SCHEDULE 1 MATTERS TO BE TAKEN INTO ACCOUNT UNDER REGULATION 4(2)

1.    Characteristics of scheme

The characteristics of the scheme must be considered, having regard, in particular, to—

(a) the size of the scheme;

(b) the cumulation with other schemes;

(c) the use of natural resources;

(d) the production of waste;

(e) pollution and nuisances; and

(f) the risk of accidents, having regard in particular to substances or technologies used.

2.    Location of scheme

The environmental sensitivity of geographical areas likely to be affected by the scheme must be considered, having regard, in particular, to–

(a) the existing land use;

(b) the relative abundance, quality and regenerative capacity of natural resources in the area; and

(c) the absorption capacity of the natural environment, paying particular attention to the following areas—

(i) wetlands;

(ii) coastal zones;

(iii) mountain and forest areas;

(iv) nature reserves and parks;

(v) areas classified or protected under legislation;

(vi) special protection areas designated pursuant to Council Directive 2009/147/EC on the conservation of wild birds(1) and Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora(2);

(vii) areas in which the environmental quality standards laid down in Community legislation have already been exceeded;

(viii) densely populated areas; and

(ix) landscapes of historical, cultural and archaeological significance.

3.    Characteristics of the potential impact

The potential significant effects of development must be considered in relation to criteria set out under paragraphs 1 and 2 above, and having regard, in particular, to—

(a) the extent of the impact (geographical area and size of the affected population);

(b) the transfrontier nature of the impact;

(c) the magnitude and complexity of the impact;

(d) the probability of the impact; and

(e) the duration, frequency and reversibility of the impact.

(1)

O.J. L 20, 26.01.10, p.7.

(2)

O.J. L 206, 22.7.1992, p.7.