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

EIA application made to a planning authority without an EIA report S

12.—(1) This regulation applies where an EIA application which is before a planning authority for determination is not accompanied by an EIA report.

(2) Where this regulation applies the planning authority must notify the developer in writing that the submission of an EIA report is required.

(3) Notice under paragraph (2) must be given—

(a) within the period of 21 days beginning with the date on which the application is made; or

(b) where—

(i) the planning authority adopt a screening opinion after the date on which the application is made, within seven days beginning with the date of adoption of that screening opinion; or

(ii) the Scottish Ministers make a screening direction to the effect that the development is EIA development (and no notice under paragraph (2) has yet been given), within seven days beginning with the date on which the planning authority receive a copy of that screening direction.

(4) A developer who receives notice under paragraph (2) may, within the period of 21 days beginning with the date of the notice, write to the planning authority stating that the developer—

(a) accepts their view and is providing an EIA report; or

(b) is writing to the Scottish Ministers to request a screening direction.

(5) If the developer does not write to the planning authority in accordance with paragraph (4) within the 21 day period, the application will, unless the Scottish Ministers have made a screening direction to the effect that the development is not EIA development, be deemed to be refused at the end of that period and the deemed refusal will not give rise to—

(a) an appeal to the Scottish Ministers by virtue of section 47 (right to appeal against planning decisions and failure to take such decisions); or

(b) review by virtue of section 43A(8) (right to require review of planning decisions and failure to take such decisions).

(6) A planning authority which has given notice in accordance with paragraph (2) are, unless the Scottish Ministers make a screening direction to the effect that the development is not EIA development, to determine the application only by refusing the application if the developer does not submit an EIA report.

(7) A developer who requests a screening direction pursuant to paragraph (4)(b) must send to the Scottish Ministers with that request copies of—

(a) the application for planning permission;

(b) all documents sent to the planning authority as part of the application;

(c) all correspondence between the developer and the planning authority relating to the proposed development; and

(d) any representations which the developer wishes to make.

(8) The provisions of regulation 10(2) to (7) apply to a request made pursuant to paragraph (4)(b) as they apply to a request made pursuant to regulation 9(5) as if the reference in regulation 10(7) to paragraph (1)(a) to (c) were a reference to paragraph (7)(a) to (c) of this regulation.