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The Environmental Impact Assessment (Scotland) Regulations 1999

PERMITTED DEVELOPMENT (EXCEPTIONS TO THE TOWN AND COUNTRY PLANNING EIA PROVISIONS) (REGULATION 47(3), (4), (5), (6))

159. The provisions described in paragraphs 61-65 do not apply to development within the following classes in Schedule 1 to the General Permitted Development Order (GPDO):

a) Part 7 (forestry buildings and operations);

b) Class 26 of Part 8 (development comprising deposit of waste material resulting from an industrial process);

c) Part 11 (development under local or private acts or orders);

d) Class 39(1)(a) of Part 13 (development by public gas transporters);

e) Class 58 of Part 17 (development by licensees of the Coal Authority);

f) Class 64 of Part 18 (deposit of mining waste).

Development is also excluded which consists of the carrying out of drainage works to which Part IV of the Regulations applies.

160. Development permitted under Class 29(1)(a) and (b) of Part 11 is excluded by virtue of Article 1.5 of the Directive, which states that the Directive shall not apply to projects the details of which are adopted by a specific act of national legislation. As an exemption this is, under Community law, to be construed narrowly. Accordingly, development of a nature or in a location that was not specifically designated in the relevant Act or order (see Part 11, Class 29) is subject to the procedures in paragraphs 61 - 65.

161. Development permitted under Part 7, Class 29(1)(c) of Part 11, and Class 39(1)(a) of Part 13 is the subject of alternative consent procedures to which separate Regulations apply. Development permitted under Class 26 of Part 8, Class 58 of Part 17 and Class 64 of Part 18 is excluded as it concerns projects begun on or before 1 July 1948, before the date on which the Directive came into operation.

162. Projects begun before 1 August 1999 are also excluded, if they comprise development:

a) under Class 54 of Part 15 on the same land or, as the case may be, on land adjoining that land on which development under the same Class was begun before that date;

b) under Class 59 or 60 of Part 17 on the same authorised site as development begun under that Class before that date;

c) under Class 63 of Part 18, on the same premises or the same ancillary mining land as the premises or land on which development under the same Class was begun before that date;

163. Development which comprises or forms part of a project serving, national defence purposes is excluded by virtue of Article 1.4 of the Directive (see definition of "exempt development in regulation 2(1)).

164. For all other Parts not covered by specific exclusions the provisions of paragraph (10) of article 3 of the Permitted Development Order will not apply to the completion of development begun before 1 August 1999. For example, development carried out under permitted development rights and consisting of building operations or engineering operations, such as for the improvement of a canal, will be excluded from the new provisions where such operations are already underway under permitted development rights at the time of these Regulations coming into force.

165. Like the Town and Country Planning Act, the Regulations do not bind the Crown. Developments by Crown bodies which would require planning permission if they were proposed by any other person and which require EIA under the terms of the Regulations are likely to be uncommon in Scotland. When any such development is proposed, the Crown body concerned will submit an Environmental Statement to the planning authority when consulting them under the arrangements set out in the Scottish Development Department Circular 21/84. In addition, the Ministry of Defence will, in appropriate circumstances and subject to considerations affecting national security, provide Environmental Statements in respect of major defence projects. Proposals have been published for the removal of Crown exemption in planning matters. Pending the necessary legislation, the arrangements in Circular 21/84 continue to apply.

FINANCIAL AND MANPOWER IMPLICATIONS

166. Developers who are required to prepare Environmental Statements will incur some additional costs in doing so. However, in most cases much of the information in the Statement would be likely to be provided in support of the planning application in any case, particularly if the proposal is one which under existing planning procedures would go to public inquiry. In deciding on the extent of the information required to be submitted, planning authorities' aim should be to keep the costs imposed on developers to the minimum consistent with compliance with the Regulations.

167. The implications for planning authorities will vary from authority to authority according to the incidence of environmentally significant development projects. There will be a small amount of additional work involved in deciding on the need for EIA particularly in Schedule 2 cases, though in general it is expected that this will form part of normal pre-application consultations between the developer and the authority. Where an Environmental Statement is submitted, the systematic analysis of the project's effects should result in administrative savings in considering the application, and the possibility of an earlier decision. There may be additional costs for planning authorities where consultants have to be engaged to advise on the appraisal of highly technical or specialist evidence; but such cases should be exceptional.

PREVIOUS CIRCULARS CANCELLED OR AMENDED

168. This Circular supersedes Scottish Office Development Department Circulars 13/1988, 26/1988, 26/1994 and 25/1997. The appendices to Circular 26/1991 are amended, and this Circular remains relevant for projects which are the subject of private legislation through the UK Parliament. Further guidance on procedures at the Scottish Parliament in this regard will be issued in due course. In addition PAN 45, on Renewable Energy technologies, should now be read in light of the new thresholds and criteria in the Regulations and the indicative criteria and thresholds in this Circular.

FURTHER COPIES AND ENQUIRIES

169. Enquiries about the content of this Circular should be addressed to

Mr Alan Cameron, Planning Division,
Area 2-H,
Victoria Quay,
Edinburgh EH6 6QQ
Telephone 0131 244 7065
e-mail: Alan.Cameron@scotland.gov.uk

Further copies and a list of current planning circulars may be obtained from

Mr David Love at the same address
Telephone 0131 244 7066;
e-mail: David.Love@scotland.gov.uk

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