PART 9SPECIAL CASES
Applications for permission under section 242A39
1
These Regulations apply to an application made (or to be made) to the Scottish Ministers under section 242A M1 (urgent Crown development) subject to the following modifications.
2
References to “planning authority” are to be treated as references to “the planning authority or the Scottish Ministers, as appropriate”.
3
Regulation 7(6)(b) applies as if after “authority” there were inserted, “
for the area to which the application relates.
”
.
4
Regulations 9(5) and (6), 12(4)(b) and 17(8) and (9) do not apply.
5
Regulation 22 applies as if—
a
in paragraph (1)(a) for “to the Scottish Ministers” there were substituted “
and the related application to the planning authority for the area to which the application relates
”
;
b
after paragraph (1) there were inserted—
1A
Where a planning authority receive a copy of the EIA report, they must make a copy of the EIA report together with a copy of the related application available for inspection—
a
on a website; and
b
at all reasonable hours at an office of the planning authority where the register may be inspected.
6
Part 7 applies as if for regulation 28 there were substituted—
Availability of opinions, directions, etc. for inspection28
1
Where the Scottish Ministers—
a
adopt a screening opinion or scoping opinion in relation to an application which may be made under section 242A;
b
receive a request under regulation 17(1); or
c
make a screening direction, scoping direction or direction under regulation 6(4) or (6), before the application is made for the development in question, the Scottish Ministers must send a copy of the opinion, request or direction to the planning authority for the area to which the application relates.
2
Where the planning authority receive copies of an opinion, request or direction under paragraph (1) they must make copies of that document available for inspection—
a
on a website; and
b
at all reasonable hours at an office of the planning authority where the register may be inspected.
3
Documents made available under paragraph (2) must remain so available for a period of two years.
7
Regulation 35 applies to the determination of an application for multi-stage consent by the Scottish Ministers relating to a grant of planning permission under section 242A as it applies to the determination of an application for multi-stage consent referred to them.