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

Extension of the period for an authority’s decision on a planning application

44.—(1) In determining for the purposes of section 47 (right to appeal against planning decisions and failure to take such decisions) the time which has elapsed without the planning authority giving notice to the applicant of their decision in a case where—

(a) the planning authority have notified an applicant in accordance with regulation 9(1) that the submission of an environmental statement is required; and

(b) the Scottish Ministers have given a screening direction in relation to the development in question,

no account is to be taken of any period before the issue of the direction.

(2) Where it falls to an authority to determine an EIA application, regulation 26 (time periods for decision) of the Development Management Procedure Regulations has effect as if—

(a) for the reference in paragraph (2)(b) of that regulation to two months there were substituted a reference to four months; and

(b) the reference to “validation date” in any case where an environmental statement is required to be submitted in respect of an application is the date on which that statement and the documents which require to accompany it were submitted (if that date is later than would otherwise be determined under regulation 14 (validation date) of the Development Management Procedure Regulations).