PART 7AVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS
Duties to inform the public and the Scottish Ministers of final decisions26
1
Where an EIA application is determined by a planning authority, the planning authority must—
a
in writing, inform the Scottish Ministers and those bodies consulted in accordance with regulation 19(1)(c) and (d) of the decision;
b
inform the public of the decision (and of where the statement referred to in sub‑paragraph (c) may be inspected), by publishing a notice in a newspaper circulating in the locality in which the land is situated, or by such other means as are reasonable in the circumstances; and
c
make available for public inspection at an office of the planning authority where the register may be inspected, a statement containing—
i
the content of the decision and any conditions attached to it;
ii
the main reasons and considerations on which the decision is based including, if relevant, information about the participation of the public;
iii
a description, where necessary, of the main measures to avoid, reduce and, if possible, offset the major adverse effects of the development; and
iv
information regarding the right to challenge the validity of the decision and the procedures for doing so.
2
Where an EIA application is determined or a draft decision is issued by the Scottish Ministers, they must—
a
notify the planning authority and those bodies consulted in accordance with regulation 19(1)(c) and (d) of the decision; and
b
provide the planning authority with such a statement as is mentioned in paragraph (1)(c).
3
The planning authority must, as soon as reasonably practicable after receipt of a notification under paragraph (2)(a), comply with paragraph (1)(b) and (c) in relation to the decision so notified as if it were a decision of the planning authority.
4
Notification in writing of a decision is deemed to have been given to a person for the purposes of this regulation where—
a
the planning authority or the Scottish Ministers, as the case may be, and the person have agreed that a decision and reasons required under this regulation to be given in writing may instead be accessed by that person via a website;
b
the decision is a decision and reasons to which that agreement applies;
c
the planning authority have published the decision on a website; and
d
the person is notified, in a manner for the time being agreed between that person and the planning authority, of—
i
the publication of the decision and reasons on a website;
ii
the address of the website; and
iii
the place on the website where the decision and reasons may be accessed, and how they may be accessed.