Decision noticeS
21.—(1) Where an EIA application is determined by the Scottish Ministers the notification of the decision to be given to the developer (“the decision notice”) must include the information specified in paragraph (2).
(2) The information is—
(a)a description of the development;
(b)the terms of the decision;
(c)the main reasons and considerations on which the decision is based;
(d)information about the arrangements taken to ensure the public had the opportunity to participate in the decision making procedures;
(e)a summary of—
(i)the environmental information; and
(ii)the results of the consultations and information gathered pursuant to Parts 5 and 6 and, where relevant Part 10, and how those results, in particular comments received from an EEA State pursuant to consultation under regulation 29, have been incorporated or otherwise addressed;
(f)if the decision is to grant consent—
(i)any conditions to which the decision is subject;
(ii)the reasoned conclusion referred to in regulation 4(1)(d); and
(iii)a statement that the Scottish Ministers are satisfied that the reasoned conclusion is still up to date;
(iv)a description of any mitigation measures; and
(v)a description of any monitoring measures required under regulation 22;
(g)information regarding the right to challenge the validity of the decision and the procedures for doing so.
(3) Where regulation 4(6) applies the decision notice must describe the matters in respect of which the Scottish Ministers consider that the effects of the development are not fully identifiable at the time of their determination of the EIA application.
(4) For the purposes of paragraph (2)(f)(iii) the reasoned conclusion referred to in regulation 4(1)(d) is still up to date if the Scottish Ministers are satisfied, having regard to current knowledge and methods of assessment, that the reasoned conclusion addresses the likely significant effects of the development on the environment.
(5) In this regulation and in regulation 22—
“mitigation measures” means any features of the development and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment including any such features or measures required by virtue of—
a condition imposed on the grant of planning permission; or
a planning obligation;
“monitoring measures” means measures requiring the monitoring of any significant adverse effects on the environment of the proposed development including any such measures required by virtue of—
a condition imposed on the grant of planning permission; or
a planning obligation; and
“planning obligation” has the meaning given in section 75(1) M1 of the 1997 Act.
Marginal Citations
M1Section 75 was substituted by section 23 of the Planning etc. (Scotland) Act 2006 (asp 17).