The Environmental Assessment (Scotland) Regulations 1988

Application for direction to the Secretary of State

9.—(1) An application to the Secretary of State under regulation 7(9) for a direction shall be accompanied by—

(a) the applicant’s request to the planning authority for their opinion;

(b) the documents which accompanied the request and any other information supplied to the planning authority;

(c) the opinion and the reasons therefor; and

(d) any representations which the applicant wishes to make.

(2) An application to the Secretary of State under regulation 14(2)(b) for a direction shall be accompanied by—

(a) the applicant’s application for planning permission;

(b) any document relating to the application for planning permission;

(c) any opinion and the reasons therefor; and

(d) any representations which the applicant wishes to make.

(3) On the date on which an application is made to the Secretary of State for a direction under regulation 7(9) or 14(2), the applicant shall send to the planning authority a copy of—

(a) his letter to the Secretary of State; and

(b) any representations he has made;

and the planning authority may within 2 weeks beginning with that date make written comments to the Secretary of State on any matter relating to the application.

(4) Where the Secretary of State considers that the documents put before him do not provide him with sufficient information to enable him to give a direction, the applicant and the planning authority shall supply him with such further information as he may request.

(5) If on the expiry of 4 weeks from the receipt by the Secretary of State of the application referred to in paragraph (1) or (2) (or such longer period as the Secretary of State may, during the said 4 weeks or any period so extended, notify in writing to the applicant and the planning authority) the Secretary of State does not issue a direction, he shall be deemed to have directed that consideration of environmental information shall be required.