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

Regulation 2(1)

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

Interpretation S

In this Schedule—

“airport” means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14) M1 ;

“express road” means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15th November 1975 M2 ; and

“nuclear power station” and “other nuclear reactor” do not include an installation from the site of which all nuclear fuel and other radioactive contaminated materials have been permanently removed; and development for the purpose of dismantling or decommissioning a nuclear power station or other nuclear reactor is to be treated as development of the description mentioned in paragraph 2(2) of this schedule.

Marginal Citations

M1 Command Paper 6614.

M2 Command Paper 6993.

Descriptions of development S

The carrying out of development to provide any of the following:—

1.  Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude‑oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day. S

2.—(1) Thermal power stations and other combustion installations with a heat output of 300 megawatts or more. S

(2) Nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

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

(2) Installations designed—

(a) for the production or enrichment of nuclear fuel;

(b) for the processing of irradiated nuclear fuel or high‑level radioactive waste;

(c) for the final disposal of irradiated nuclear fuel;

(d) solely for the final disposal of radioactive waste;

(e) solely for the storage (planned for more than ten years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

4.—(1) Integrated works for the initial smelting of cast‑iron and steel. S

(2) Installations for the production of non‑ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

5.  Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos— S

(a) for asbestos‑cement products, with an annual production of more than 20,000 tonnes of finished products;

(b) for friction material, with an annual production of more than 50 tonnes of finished products; and

(c) for other uses of asbestos, utilisation of more than 200 tonnes per year.

6.  Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are— S

(a) for the production of basic organic chemicals;

(b) for the production of basic inorganic chemicals;

(c) for the production of phosphorous–, nitrogen– or potassium‑based fertilisers (simple or compound fertilisers);

(d) for the production of basic plant health products and of biocides;

(e) for the production of basic pharmaceutical products using a chemical or biological process;

(f) for the production of explosives.

7.—(1) Construction of lines for long‑distance railway traffic and of airports with a basic runway length of 2,100 metres or more. S

(2) Construction of motorways and express roads.

(3) Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road, would be 10 kilometres or more in a continuous length.

8.—(1) Inland waterways and ports for inland‑waterway traffic which permit the passage of vessels of over 1,350 tonnes. S

(2) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

9.  Waste disposal installations for the incineration, chemical treatment (as defined in Annex I to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain DirectivesM3 [F1 , as that Directive had effect immediately before IP completion day, ] under heading D9), or landfill of hazardous waste (that is to say, waste which is considered to be hazardous in accordance with Articles 3(2) and 7 of that Directive [F2 , as it had effect immediately before IP completion day]). S

Textual Amendments

F1 Words in sch. 1 para. 9 inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 5(11)(a)(i) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2)(6), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in sch. 1 para. 9 inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 5(11)(a)(ii) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2)(6), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M3 OJ No L 312, 22.11.2008, p.3.

10.  Waste disposal installations for the incineration or chemical treatment (as defined in Annex I to Directive 2008/98/EC [F3 , as that Directive had effect immediately before IP completion day,] under heading D9) of non‑hazardous waste with a capacity exceeding 100 tonnes per day. S

Textual Amendments

F3 Words in sch. 1 para. 10 inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 5(11)(b) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2)(6), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

11.  Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres. S

12.—(1) Works for the transfer of water resources, other than piped drinking water, between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year. S

(2) In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the multi‑annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5% of this flow.

13.  Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2(6) of Council Directive 91/271/EEC concerning urban waste-water treatmentM4 [F4 , as that Directive had effect immediately before IP completion day] . S

Textual Amendments

F4 Words in sch. 1 para. 13 inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 5(11)(c) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2)(6), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

Marginal Citations

M4 OJ No L 135, 30.5.1991, p.40, last amended by Regulation (EC) No. 1137/2008 (OJ No L 311, 21.11.2008, p.1).

14.  Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas. S

15.  Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres. S

16.  Pipelines with a diameter of more than 800 millimetres and a length of more than 40 kilometres for the transport of— S

(a) gas, oil or chemicals;

(b) carbon dioxide streams for the purposes of geological storage, including associated booster stations.

17.  Installations for the intensive rearing of poultry or pigs with more than— S

(a) 85,000 places for broilers or 60,000 places for hens;

(b) 3,000 places for production pigs (over 30 kg); or

(c) 900 places for sows.

18.  Industrial plants for— S

(a) the production of pulp from timber or similar fibrous materials;

(b) the production of paper and board with a production capacity exceeding 200 tonnes per day.

19.  Quarries and open‑cast mining where the surface of the site exceeds 25 hectares, or peat extraction where the surface of the site exceeds 150 hectares. S

20.  Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km. S

21.  Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more. S

22.  Storage sites pursuant to [F5 Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented] the CCS Directive. S

Textual Amendments

F5 Words in sch. 1 para. 22 inserted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 5(11)(d) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

23.  Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to the CCS Directive [F6 (pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented the CCS Directive) ] from installations referred to in this schedule, or where the total yearly capture of carbon dioxide is 1.5 megatonnes or more. S

Textual Amendments

F6 Words in sch. 1 para. 23 substituted (31.12.2020) by The Town and Country Planning and Electricity Works (EU Exit) (Scotland) (Miscellaneous Amendments) Regulations 2019 (S.S.I. 2019/80), regs. 1, 5(11)(e) (as amended by S.S.I. 2019/274, regs. 1, 2(2) and S.S.I. 2020/310, regs. 1, 2(2), 4(2)); 2020 c. 1, Sch. 5 para. 1(1)

24.  Any change to or extension of development listed in this schedule where such a change or extension in itself meets the thresholds, if any, or description of development set out in this schedule. S