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Scottish Planning Series Planning Circular 1 2003 The Environmental Impact Assessment (Scotland) Amendment Regulations 2002 Review of Old Mineral Permissions (ROMPs)

DescriptionThe Regulations set out the procedures to be followed when considering the environmental effects associated with applications for the review of old mineral permissions.
ISBN0 7559 2310 3
Official Print Publication Date
Website Publication DateJanuary 23, 2003

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Scottish Planning Series
PLANNING CIRCULAR 1 2003

The Environmental Impact Assessment (Scotland) Amendment Regulations 2002
Review of Old Mineral Permissions (ROMPs)

This Circular supersedes SODD Circular 25/1998 and
supplements the guidance in SDD Circular 34/1996
January 2003

This document is also available in pdf format (240k)

PLANNING SERIES:
  • Scottish Planning Policies (SPPs) provide statements of Scottish Executive policy on nationally important land use and other planning matters, supported where appropriate by a locational framework.
  • Circulars, which also provide statements of Scottish Executive policy, contain guidance on policy implementation through legislative or procedural change.
  • Planning Advice Notes (PANs) provide advice on good practice and other relevant information.

Statements of Scottish Executive policy contained in SPPs and Circulars may be material considerations to be taken into account in development plan preparation and development control.

Existing National Planning Policy Guidelines (NPPGs) have continued relevance to decision making, until such time as they are replaced by a SPP. The term SPP should be interpreted as including NPPGs.

Statements of Scottish Executive location-specific planning policy, for example the West Edinburgh Planning Framework, have the same status in decision making as SPPs.

This Circular summarises the Scottish Ministers' understanding of the general effect of the relevant primary or secondary legislation although the summaries do not carry statutory authority in themselves and legal advice should always be taken in case of doubt.

CONTENTS

Covering Letter

This Circular contains the following main sections:

Paragraph

Introduction

1

Existing ROMP Provisions

3

The Environmental Impact Assessment (Scotland) Regulations 1999

4

The EIA Directive

5

ROMP and Environmental Impact Assessment

7

Implications for Scotland

8

The ROMP Regulations

9

Changes to Existing Procedures:

Dissapplication of deemed approval provisions

10

Suspension of planning permission

12

Right of appeal against non-determination

18

The New Procedures

Existing and forthcoming cases

21

Need for EIA

22

Pre-application considerations

24

Environmental Statement submitted voluntarily by an operator

27

Screening ROMP applications

28

Applying to the Scottish Ministers for a screening direction

32

Procedures when EIA is not required

34

Procedures when EIA is required

Preparation and content of an Environmental Statement

35

ROMP application not accompanied by an Environmental Statement

37

Provision of further information

43

Suspension of mineral permission

46

Development by planning authorities

49

Transitional arrangements

50

Compensation

51

Financial and manpower implications

52

Previous Circulars cancelled or amended

56

Further copies and enquiries

57

Suggested notices of appeal

Annex A

Suggested appeal form

Annex B

Suggested certificates to accompany appeal

Annex C

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Page updated: Thursday, April 6, 2006