The Scottish Government

Contents |

Listen

The Environmental Impact Assessment (Scotland) Regulations 1999

SIMPLIFIED PLANNING ZONES (SPZS) AND ENTERPRISE ZONES (EZS) (REGULATIONS 27 AND 28)

140. No EIA development can be granted planning permission by the adoption or approval of an SPZ or through the designation or modification of an EZ. This applies equally to permission granted under existing schemes and to new ones.

141. Schedule 2 development may be included in SPZs and EZs and can be granted permission by them providing the particular development has been the subject of a screening opinion or direction that its is not EIA development.

DEVELOPMENT WHICH IS THE SUBJECT OF A PLANNING ENFORCEMENT NOTICE (REGULATIONS 29 TO 39)

142. The regulations provide for EIA of development which is the subject of a planning enforcement notice ²⁴ (regulation 30). Where such development requires EIA, it is referred to in this Circular and the Regulations as 'unauthorised EIA development'.

143. An appeal against a planning enforcement notice ²⁵ ('an enforcement appeal') could, if successful, result in the grant of planning permission ²⁶. Regulation 29 prohibits Scottish Ministers (references to Scottish Ministers include the reporter appointed to consider any appeal against an enforcement notice) from granting planning permission for unauthorised EIA development unless EIA has first been carried out.

144. Neither the need to provide an ES nor the facility to seek a direction from Scottish Ministers (paragraph 147) should be allowed to delay the enforcement appeal process. If the recipient of an enforcement notice wishes to appeal against it, any appeal must be received by Scottish Ministers before the effective date specified in the notice.

Determining whether EIA is needed

Determinations by the planning authority

145. When deciding to take enforcement action, the planning authority must consider whether the particular development is either Schedule 1 development or Schedule 2 development and, if so, adopt a screening opinion.

146. Where the planning authority determines that EIA is required, they must serve a 'regulation 30 notice' with the enforcement notice. The regulation 30 notice must include the authority's full reasons for their screening opinion. A model regulation 30 notice is attached to this Circular at Annex D. The planning authority is required to send a copy of the regulation 30 notice to Scottish Ministers ²⁷ and to the consultation bodies.

Directions by Scottish Ministers

147. A recipient of a regulation 30 notice may apply to Scottish Ministers for a screening direction. The application must be accompanied by a copy of the notice, a copy of the enforcement notice and any additional representations the applicant wishes to make. A copy of the application and the additional representations (if any) should be sent to the planning authority. If Scottish Ministers consider that further information is needed before a screening direction can be made, the applicant must provide it within a specified time period (regulation 31(c)). No screening direction will be made until the information is provided. However, any delay in providing additional information will not affect the period for compliance with the enforcement notice or extend the period for submitting an enforcement notice appeal.

148. Scottish Ministers will notify the applicant and the planning authority of the screening direction (regulations 31(d) and 4(9)). If they direct that EIA is required, the screening direction must be accompanied by a clear and precise statement of their full reasons (regulation 4(6)) for so doing. If they direct that EIA is not required, they will also send a copy of their direction to the consultation bodies (regulation 31(e)).

Enforcement appeal not accompanied by an Environmental Statement

149. On receipt of an enforcement appeal without a statement referred to by the appellant as an Environmental Statement, Scottish Ministers will consider whether the appeal relates to unauthorised EIA development. If they determine that it does, they will send a copy of their screening direction to the appellant and planning authority within 3 weeks of receiving the appeal (or such longer period as they may reasonably require), giving the full reasons for their conclusion. The appellant will be required to submit the specified number of copies of an ES within a period stipulated by Scottish Ministers. If the appellant fails to do so by the due date, both the application deemed to be made by Section 130 of the 1997 Act and any appeal under ground (a) in Section 130(1) of the Act will lapse. Scottish Ministers will then notify the appellant and planning authority in writing accordingly.

150. If the appellant has already submitted an ES for the purpose of an appeal under Section 47 of the 1997 Act, which relates to the same development as the enforcement appeal and the two appeals are to be determined at the same time, the ES already provided will be regarded as supporting both appeals.

Provision of information

151. The planning authority and the consultation bodies are required, if requested, to provide to the person who has been served with a regulation 30 notice any information (other than "confidential" information under the Environmental Information Regulations 1992) which is relevant to the preparation of an ES (paragraphs 98-100).

Procedure where Scottish Ministers receive an Environmental Statement

152. On receipt of a statement, Scottish Ministers will send a copy to the planning authority and consultation bodies, and advise them that the statement will be taken into consideration in determining the deemed planning application and ground (a) appeal, if any, and that they may make representations.

Publicity for Environmental Statements

153. When the planning authority receive a copy of a statement from Scottish Ministers, they are required by regulation 37(1) to publish a notice in a local newspaper which states the name of the appellant and the address or location of the land, and advises members of the public where and when the ES may be inspected, the closing date for inspection and the arrangements for making representations. The authority must also send a certified copy of the newspaper notice to Scottish Ministers as soon as practicable after publication (regulation 37(2)).

154. Anyone wishing to comment should do so in writing to Scottish Ministers within 14 days of the closing date for public inspection of the statement. The deemed application or ground (a) appeal will not be determined by Scottish Ministers until the period has elapsed.

155. The planning authority are required to make every regulation 30 notice, any screening direction received from Scottish Ministers, every notice received by the authority from Scottish Ministers under regulations 31(d), 33(4) and 34(d) and every ES received by the authority under regulation 35 available for public inspection for two years or until particulars of the notice or direction are entered into Part II of the appropriate register.

Further information and evidence respecting Environmental Statements

156. Scottish Ministers may require an appellant who has submitted a statement which he refers to as an ES to provide more information, within a specified period. The information provided will be copied to the planning authority and consultation bodies. If the appellant fails to provide the information required within the time specified, the deemed application and ground (a) appeal, if any, shall lapse. Scottish Ministers will then notify the appellant and the planning authority in writing.

157. The arrangements for publicity for additional information are the same as those for the Statements (see paragraphs 153-155), by virtue of regulations 36(2) and 37.

158. The procedures for development which is likely to have significant effects on the environment of another EEA State (paragraphs 119-121) apply, with necessary modifications, to unauthorised EIA development (regulation 39).

Contents |