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The Environmental Impact Assessment (Scotland) Regulations 1999

ANNEX A: INDICATIVE THRESHOLDS AND CRITERIA FOR IDENTIFICATION OF SCHEDULE 2 DEVELOPMENT REQUIRING EIA

The criteria and thresholds in this Annex (referred to in paragraphs 43-44) are only indicative. In determining whether significant effects are likely, the location of a development is of crucial importance. The more environmentally sensitive the location, the lower the level at which significant effects will be likely.

It follows, therefore, that the thresholds below should only be used in conjunction with the more general guidance in this Circular on "Establishing whether EIA is required" and, in particular, the guidance on environmentally sensitive locations (see paragraphs 36-40)

Agricultural development

A1. In general, agricultural operations fall outside the scope of the Town and Country Planning system and, where relevant, will be regulated under other consent procedures. The descriptions below apply only to projects that are considered to be 'development' for the purposes of the Town and Country Planning (Scotland) Act 1997.

Use of uncultivated or semi-natural land for intensive agricultural purposes

A2. Development (such as greenhouses, farm buildings etc.) on previously uncultivated land is unlikely to require EIA unless it covers more than five hectares. In considering whether particular development is likely to have significant effects, consideration should be given to impacts on the surrounding ecology, hydrology and landscape.

Water management for agriculture, including irrigation and land drainage works

A3. EIA is more likely to be required if the development would result in permanent changes to the character of more than five hectares of land. In assessing the significance of any likely effects, particular regard should be had to whether the development would have damaging wider impacts on hydrology and surrounding ecosystems. It follows that EIA will not normally be required for routine water management projects undertaken by farmers.

Intensive livestock installations

A4. The significance or otherwise of the impacts of intensive livestock installations will often depend upon the level of odours, increased traffic and the arrangements for waste handling. EIA is more likely to be required for intensive livestock installations if they are designed to house more than 750 sows, 2,000 fattening pigs, 60,000 broilers or 50,000 layers, turkeys or other poultry.

Intensive fish farming

A5. Apart from the physical scale of any development, the likelihood of significant effects will generally depend on the extent of any likely wider impacts on the hydrology and ecology of the surrounding area. Developments designed to produce more than 100 tonnes (dead weight) of fish per year will be more likely to require EIA.

Reclamation of land from the sea

A6. In assessing the significance of any development, regard should be had to the likely wider impacts on natural coastal processes beyond the site itself, as well as to the scale of reclamation works themselves. EIA is more likely to be required where work is proposed on a site which exceeds 1 hectare.

Extractive industry

Surface and underground mineral working

A7. The likelihood of significant effects will tend to depend on the scale and duration of the works, and the likely consequent impact of noise, dust, discharges to water and visual intrusion. All new open cast coal mines and underground mines will generally require EIA. For clay, sand and gravel workings, quarries and peat extraction sites, EIA is more likely to be required if they would cover more than 15 hectares or involve the extraction of more than 30,000 tonnes of mineral per year.

Extraction of minerals by dredging in fluvial waters

A8. Particular consideration should be given to noise, and any wider impacts on the surrounding hydrology and ecology. EIA is more likely to be required where it is expected that more than 100,000 tonnes of mineral will be extracted per year.

Deep drilling

A9. EIA is more likely to be required where the scale of the drilling operations involves development of a surface site of more than 5 hectares. Regard should be had to the likely wider impacts on surrounding hydrology and ecology. On its own, exploratory deep drilling is unlikely to require EIA. It would not be appropriate to require EIA for exploratory activity simply because it might eventually lead to some form of permanent activity.

Surface industrial installations for the extraction of coal, petroleum, natural gas, ores, or bituminous shale

A10. The main considerations are likely to be the scale of development, emissions to air, discharges to water, the risk of accident and the arrangements for transporting the fuel. EIA is more likely to be required if the development is on a major scale (site of 10 hectares or more) or where production is expected to be substantial (e.g. more than 100,000 tonnes of petroleum per year).

Energy industry

Power stations

A11. EIA will normally be required for power stations which require approval from the Secretary of State at the Department of Trade and Industry (i.e. those with a thermal output of more than 50 MW). EIA is unlikely to be required for smaller new conventional power stations. Small stations using novel forms of generation should be considered carefully in line with guidance in National Planning Policy Guideline 6 on Renewable Energy , and Planning Advice Note 45 on Renewable Energy Technologies. The main considerations are likely to be the level of emissions to air, arrangements for the transport of fuel and any visual impact.

Surface storage of fossil fuel and natural gas, underground storage of combustible gases, storage facilities for petroleum, petrochemical and chemical products

A12. In addition to the scale of the development, significant effects are likely to depend on discharges to water, emissions to air and risk of accidents. EIA is more likely to be required where it is proposed to store more than 100,000 tonnes of fuel. Smaller installations are likely to require EIA where hazardous chemicals are stored.

Installations for the processing and storage of radioactive waste

A.13 EIA will normally be required for new installations whose primary purpose is to process and store radioactive waste, and which are located on sites not previously authorised for such use. In addition to the scale of any development, significant effects are likely to depend on the extent of routine discharges of radiation to the environment. In this context EIA is unlikely to be required for installations where the processing or storage of radioactive waste is incidental to the main purpose of the development (e.g. installations at hospitals or research facilities).

Installations for hydroelectric energy production

A14. In addition to the physical scale of the development, particular regard should be had to the potential wider impacts on hydrology and ecology. EIA is more likely to be required for new hydro-electric developments which have more than five MW of generating capacity.

Wind farms

A15. The likelihood of significant effects will generally depend upon the scale of the development, and its visual impact, as well as potential noise impacts. EIA is more likely to be required for commercial developments of five or more turbines, or more than five MW of new generating capacity.

Industrial and manufacturing development

A16. New manufacturing or industrial plants of the types listed in the Regulations, may well require EIA if the operational development covers a site of more than 10 hectares. Smaller developments are more likely to require EIA if they are expected to give rise to significant discharges of waste, emission of pollutants or operational noise. Among the factors to be taken into account in assessing the significance of such effects are:

whether the development involves a process designated as a 'scheduled process' for the purpose of air pollution control;

whether the process involves discharges to water which require the consent of the Scottish Environment Protection Agency;

whether the installation would give rise to the presence of environmentally significant quantities of potentially hazardous or polluting substances;

whether the process would give rise to radioactive or other hazardous waste.

whether the development would fall under Council Directive 96/82/EC on the control of major accident hazards involving dangerous substances (COMAH).

However, the need for a consent under other legislation is not itself a justification for EIA.

Infrastructure developments

Industrial estates

A17. EIA is more likely to be required if the site area of the new development is more than 20 hectares. In determining whether significant effects are likely, particular consideration should be given to the potential increase in traffic, emissions, and noise.

Urban development projects (including the construction of shopping centres & car parks, sports stadiums and multiplex cinemas)

A18. In addition to the physical scale of such developments, particular consideration should be given to the potential increase in traffic, emissions, and noise. EIA is unlikely to be required for the redevelopment of land unless the new development is on a significantly greater scale than the previous use, or the types of impact are of a markedly different nature or there is a high level of contamination (see paragraph 41).

A19. Development proposed for sites which have not previously been intensively developed are more likely to require EIA if

the site area of the scheme is more than 5 hectares; or

it would provide a total of more than 10,000 m 2 of new commercial floorspace; or

the development would have significant urbanising effects in a previously non-urbanised area (e.g. a new development of more than 1,000 dwellings).

lntermodal transhipment facilities, and intermodal terminals

A20. In addition to the physical scale of the development, particular impacts for consideration are increased traffic, noise, emissions to air and water. Developments of more than five hectares are more likely to require EIA.

Motorway service areas

A21. Impacts likely to be significant are traffic, noise, air quality, ecology and visual impact. EIA is more likely to be required for new motorway service areas which are proposed for previously undeveloped sites and if the proposed development would cover an area of more than five hectares.

Construction of roads, railways (including elevated and underground), and tramways

A22. For linear transport schemes, the likelihood of significant effects will generally depend on the estimated emissions, traffic, noise and vibration and degree of visual intrusion and impact on the surrounding ecology. EIA is more likely to be required for the construction or improvement of railways and local roads where the new development is over 2 km in length.

Construction of inland waterways and canalisation

A23. The likelihood of significant impacts is likely to depend primarily on the potential wider impacts on the surrounding hydrology and ecology. EIA is more likely to be required for the construction or improvement of over 2 km of canal.

Flood relief works

A24. The impact of flood relief works is especially dependent upon the nature of the location and the potential effects on the surrounding ecology and hydrology. Schemes for which the area of the works would exceed five hectares or more than 2 km long would normally require EIA.

Construction of airfields

A25. The main impacts to be considered in judging significance are noise, traffic generation and emissions. New permanent airfields will normally require EIA, as will major works (such as new runways or terminals with a site area of more than 10 hectares) at existing airports. Smaller scale development at existing airports is unlikely to require EIA unless it would lead to significant increases in air or road traffic.

Construction of harbours and port installations, including fishing harbours

A26. Primary impacts for consideration are those on hydrology, ecology, noise and increased traffic. EIA is more likely to be required if the development is on a major scale (e.g. would cover a site of more than 10 hectares). Smaller developments may also have significant effects where they include a quay or pier which would extend beyond the high water mark or would affect wider coastal processes.

Dams and other installations designed to hold water or store it on a long-term basis

A27. In considering such developments, particular regard should be had to the potential wider impacts to the hydrology and ecology, as well as to the physical scale of the development. EIA is likely to be required for any major new dam (e.g. where the construction site exceeds 20 hectares).

Installation of oil pipelines, gas pipelines and long-distance aqueducts (including water and sewerage pipelines)

A28. For underground pipelines, the major impact to be considered will generally be the disruption to the surrounding ecosystems during construction, while for overground pipelines visual impact will be a key consideration. EIA is more likely to be required for any pipeline over 5 km long. EIA is unlikely to be required for pipelines laid underneath a road, or for those installed entirely by means of tunnelling.

Coastal work to combat erosion and maritime works capable of altering the coast

A29. The impact of such works will depend largely on the nature of the particular site and the likely wider impacts on natural coastal processes outside of the site. EIA will be more likely where the area of the works would exceed 1 hectare .

Groundwater abstraction and artificial groundwater recharge schemes; works for the transfer of water resources between river basins

A30. Impacts likely to be significant are on hydrology and ecology. Developments of this sort can have significant affects on environments some kilometres distant. This is particularly important for wetland and other sites where the habitat and species are particularly dependent on an aquatic environment. EIA is likely to be required for developments where the area of the works exceed 1 hectare.

Tourism and leisure

Ski-runs, ski lifts and cable-cars and associated developments

A31. EIA is more likely to be required if the development is over 500 metres in length, or if it requires a site of more than 5 hectares. In addition to any visual or ecological impacts, particular regard should also be had to the potential traffic generation.

Marinas

A32. In assessing whether significant effects are likely, particular regard should be had to any wider impacts on natural coastal processes outside the site, as well as the potential noise and traffic generation. EIA is more likely to be required for large new marinas, for example where the proposal is for more than 300 berths (seawater site) or 100 berths (freshwater site). EIA is unlikely to be required where the development is located solely within an existing dock or basin.

Holiday villages and hotel complexes outside urban areas and associated developments; permanent camp sites and caravan sites; theme parks

A33. In assessing the significance of tourism development, visual impacts, ecosystems and traffic generation will be key considerations. The effects of new theme parks are more likely to be significant if it is expected that they will generate more than 250,000 visitors per year. EIA is likely to be required for major new tourism and leisure developments which require a site of more than 10 hectares. In particular, EIA is more likely to be required for holiday villages or hotel complexes with more than 300 bed spaces, or for permanent camp sites or caravan sites with more than 200 pitches.

Golf courses

A34. New 18 hole golf courses are likely to require EIA. The main impacts are likely to be those on the surrounding hydrology, ecosystems and landscape, as well as those from traffic generation. Developments at existing golf courses are unlikely to require EIA.

Other projects

Permanent racing and test tracks for motorised vehicles

A35. Particular consideration should be given to the size, noise impacts, emissions and the potential traffic generation. EIA is more likely to be required for developments with a site area of 20 hectares or more.

Installations for the disposal of non-hazardous waste

A36. The likelihood of significant effects will generally depend on the scale of the development and the nature of the potential impact in terms of discharges, emissions or odour. For installations (including landfill sites) for the deposit, recovery and/or disposal of household, industrial and/or commercial wastes (as defined by the Controlled Waste Regulations 1992) EIA is more likely to be required where new capacity is created to hold more than 50,000 tonnes per year, or to hold waste on a site of 10 hectares or more. Sites taking smaller quantities of these wastes, sites seeking only to accept inert wastes (demolition rubble etc.), or Civic Amenity sites, are unlikely to require EIA.

Sludge-deposition sites (sewage sludge lagoons)

A37. Similar considerations will apply for sewage sludge lagoons as for waste disposal installations. EIA is more likely to be required where the site is intended to hold more than 5,000 m 3 of sewage sludge.

Storage of scrap iron, including scrap vehicles

A38. Major impacts are likely to be discharges to soil, site noise and traffic generation. EIA is more likely to be required where it is proposed to store scrap on an area of 10 hectares or more.

Waste-water treatment plants

A39. Particular consideration should be given to the size, treatment process, pollution and nuisance potential, topography, proximity of dwellings, and the potential impact of traffic movements. EIA is more likely to be required if the development would be on a substantial scale (e.g. site area of more than 10 hectares) or if it would lead to significant discharges (e.g. capacity exceeding 100,000 population equivalent). EIA should not be required simply because a plant is on a scale which requires compliance with the Urban Waste Water Treatment Directive 91/271/EEC.

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