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The Environmental Assessment (Scotland) Regulations 1988

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Consent and annex 1 and annex 2 applications

35.—(1) This regulation applies to—

(a)an annex 1 application; or

(b)an annex 2 application where the proposed development shall be likely to have significant effects on the environment by virtue inter alia of its nature, size or location;

except where it is exempt development.

(2) The Secretary of State shall not grant consent or approval in respect of an electricity application to which this regulation applies unless he has taken into consideration environmental information in respect of the proposed development.

(3) Subject to any direction by the Secretary of State, for the purposes of paragraph (1)(b) a proposed development shall only be taken to be likely to have significant effects on the environment by virtue inter alia of its nature, size or location where the applicant and the planning authority accept that this is the case.

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