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

EIA application made to a planning authority without an environmental statement S

9.—(1) Where an EIA application which is before a planning authority for determination is not accompanied by a statement referred to by the applicant as an environmental statement for the purposes of these Regulations, the planning authority must notify the applicant in writing that the submission of an environmental statement is required.

(2) Notice under paragraph (1) must be given—

(a) within three weeks 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 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 (1) has yet been given) within seven days beginning with the date on which the planning authority receive a copy of that screening direction.

(3) An applicant receiving notice under paragraph (1) may, within three weeks beginning with the date of the notice, write to the planning authority stating that the applicant—

(a) accepts their view and is providing an environmental statement; or

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

(4) If the applicant does not write to the planning authority in accordance with paragraph (3) within that three week 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 the 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).

(5) A planning authority which has given notice in accordance with paragraph (1) are to, unless the Scottish Ministers make a screening direction to the effect that the development is not EIA development, determine the application only by refusing the application if the applicant does not submit an environmental statement.

(6) A person who requests a screening direction pursuant to paragraph (3)(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; and

(c) all correspondence between the applicant and the planning authority relating to the proposed development,

and paragraphs (2) to (5) of regulation 7 apply to a request under this regulation as they apply to a request made pursuant to regulation 6(6).