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Circular 15/1999 Annex D

DescriptionCircular 15/1999
ISBNn/a
Official Print Publication Date
Website Publication DateAugust 31, 1999

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The Environmental Impact Assessment (Scotland) Regulations 1999

ANNEX D:

Important: This communication affects your property

The Environmental Impact Assessment (Scotland) Regulations 1999

REGULATION 30 NOTICE

1. This notice is served by [name of Council ("the Council") under regulation 30 of the Environmental Impact Assessment (Scotland) Regulations 1999 in connection with the Council's enforcement notice, dated [date of enforcement notice], issued in respect of-

............................................................

[ insert description of alleged unauthorised development]

at

............................................................

[insert address]

  • It is the Council's opinion that development to which the enforcement notice relates is

either:

'Schedule 1 development' within the meaning of the Environmental Impact Assessment (Scotland) Regulations 1999 (i.e. [set out the description within Schedule 1 in which the unauthorised EIA development is deemed to fall]).

or:

'Schedule 2 development' within the meaning of the Environmental Impact Assessment (Scotland) Regulations 1999 (i.e. [set out the description within Column 1 of the table in Schedule 2 in which the unauthorised EIA development is deemed to fall and the relevant threshold or criterion in Column 2 of the table in Schedule 2 which is exceeded or met]) which is considered likely to have significant effects on the environment for the following reasons:

(a)

.................................................................

[complete as appropriate setting out clearly and precisely the full reasons why the development is considered likely to have significant effects on the environment]

(b)

.................................................................

(c)

etc

3. Accordingly, subject to any direction from Scottish Ministers to the contrary, any appeal under s 130 against the enforcement notice must be accompanied by [four copies of an Environmental Statementplus additional copies to comply with Regulation 35(2)]. Please read the notes below for information about appeals, directions and Environmental Statements.

Dated: [insert date of issue]

Signed: [signature of officer authorised to issue regulation 30 notices]

NOTES

Appeals

If you wish to appeal against the enforcement notice, you must follow the instructions provided with that notice. Please remember that Scottish Ministers cannot consider your arguments against the enforcement notice if you fail to observe the time limit for appeal specified in that notice.

Directions

You may apply to Scottish Ministers for a direction as to whether the development requires the submission of an Environmental Statement.

Scottish Ministers will give their direction in writing and will send a copy of it to the Council.

Environmental Statements

An Environmental Statement is a document or series of documents prepared for the purpose of enabling Scottish Ministers to assess the likely impact on the environment of the development to which this notice relates.

General guidance about preparing environmental statements can be found in the HMSO publication "Preparation of Environmental Statements for Planning Projects that require Environmental Impact Assessment: A Good Practice Guide" [ISBN 0-11-753207-X] although it should be read in conjunction with the Environmental Impact Assessment (Scotland) Regulations 1999 (S.S.I. No. 1999/1) themselves since the guidance predates these revised requirements.

IMPORTANT: Please remember that an application for a direction in connection with this regulation 30 notice does not affect the time limit for appeal specified in the enforcement notice. Any appeal against that notice must be received by Scottish Ministers before the date specified in the enforcement notice as the date on which it takes effect.

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Page updated: Monday, August 8, 2005