The Environmental Assessment (Scotland) Regulations 1988

Publicity for environmental statement

51.—(1) In respect of a specific development application to which regulation 48 applies, when the applicant submits an environmental statement to the development corporation he shall serve on any person who holds a notifiable interest in neighbouring land, or to such other person, if any, appearing to the development corporation to have an interest as the development corporation in that particular instance may specify, a notice stating—

(a) that the environmental statement may be inspected in the offices of the development corporation for the period of 4 weeks from the date of said notice;

(b) the address at which copies of the environmental statement may be acquired;

(c) the cost of a copy of the environmental statement; and

(d) that representations may be made in respect of the statement, and sent to the development corporation at a specified address within 4 weeks of the date on which the said notice was delivered.

(2) The persons holding a notifiable interest in neighbouring land are the owners, lessees and occupiers of the land.

(3) When the applicant submits an environmental statement, he shall also publish as soon as possible thereafter a notice (containing similar information to that required to be included in a notice served in accordance with paragraph (1)) in one or more local newspapers circulating in the area of the proposed specific development and in the Edinburgh Gazette.

(4) The applicant shall also send to the development corporation a copy of the notices which have been served and published in accordance with paragraphs (1) and (3) respectively.

(5) An environmental statement shall not be considered by a development corporation unless its accompanied by a certificate stating—

(a) (i) that notices have been served in accordance with paragraph (1); or

(ii) that notification in accordance with paragraph (1)

is required; or

(iii) that the applicant has taken such steps as are reasonably open to him (specifying them) to ascertain the names and addresses of the parties holding a notifiable interest in neighbouring land, and either—

(a) that the names and addresses of the parties holding a notifiable interest in neighbouring land have not been ascertained and no notice has been served in terms of paragraph (1); or

(b) that notices have been served in terms of paragraph (1) on one or more of the parties holding a notifiable interest in neighbouring land but that the names and addresses of the other parties holding a notifiable interest have not been ascertained;

(b) where appropriate the names and addresses of all those parties having a notifiable interest in neighbouring land, and of all others specified by the development corporation as having an interest in the specific development, who have been notified in accordance with paragraph (1); and

(c) that publication in accordance with paragraph (3) has been made.

(6) For the purposes of this regulation “neighbouring land” has the same meaning as in article 2(1) of the general development order.