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

Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 S

47.—(1) Article 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 M1 is amended in accordance with paragraphs (2) to (5).

(2) In paragraph (8)—

(a) for “the Environmental Impact Assessment (Scotland) Regulations 1999” substitute “ the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 ”; and

(b) after “EIA development” where it occurs in sub-paragraphs (a) and (b) insert “ within the meaning of those Regulations ”.

(3) In paragraphs (8) and (9)—

(a) for “regulation 5” substitute “ regulation 6 ”;

(b) for “regulation 4(7) or 6(4)” substitute “ regulation 5(10) or 7(4) ”; and

(c) for “regulation 4(4)” substitute “ regulation 5(4) ”.

(4) After paragraph (8) insert—

“(8A) Where it appears to the planning authority that—

(a) an application under this Order for a determination as to whether prior approval of the planning authority will be required in respect of any matter, or an application for prior approval of any matter, relates to Schedule 1 development within the meaning of the EIA Regulations; and

(b) the development—

(i) has not been the subject of a screening opinion under regulation 6 of those Regulations or a screening direction under regulation 5(10) or 7(4) of those Regulations; or

(ii) has been the subject of such a screening opinion or direction to the effect that it is not EIA development within the meaning of those Regulations,

the planning authority must adopt a screening opinion under regulation 6 of those Regulations in respect of the development to which the application relates.

(8B) Where it appears to the planning authority that—

(a) an application under this Order for a determination as to whether prior approval of the planning authority will be required in respect of any matter, or an application for prior approval of any matter, relates to Schedule 2 development within the meaning of the EIA Regulations; and

(b) the development may have significant effects on the environment that have not previously been identified (whether in an earlier screening opinion under regulation 6 of those Regulations or a screening direction under regulation 5(10) or 7(4) of those Regulations, or because the development has not been the subject of such a screening opinion or direction),

the planning authority must adopt a screening opinion under regulation 6 of those Regulations in respect of the development to which the application relates.

(8C) A screening opinion adopted under regulation 6 of the EIA Regulations in pursuance of paragraph (8A) or (8B) supersedes the terms of an earlier screening opinion or direction in relation to the development.”.

(5) In paragraph (10) for “Paragraph (8) does” substitute “ Paragraphs (8), (8A) and (8B) do ”.

Marginal Citations

M1 S.I. 1992/223 relevantly amended by S.S.I. 1999/1.