The Scottish Government

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This Circular supersedes Circular 15/1999
ISBN 978 0 7559 6871 8 (Web only publication)
ISSN 0141 514X
This document is also available in pdf format (363k)

Contents

INTRODUCTION

The EIA Directive.
Town and Country Planning - Part II of the Regulations
The Legal Framework and Terminology
Electronic Communications

ESTABLISHING WHETHER EIA IS REQUIRED

Schedule 1 and Schedule 2 Development
Identifying Schedule 2 Development
The Need for EIA for Schedule 2 Development
General Considerations
Development in Environmentally Sensitive Locations
Reaching a Screening Opinion: Proposed Remediation Measures
Applying the Guidance to Individual Development
Multiple Applications
Changes or Extensions to Existing or Approved Development
Stages at which Screening May Be Carried Out
Procedures Prior to Submission of a Planning Application
Environmental Statement Submitted 'Voluntarily'
Obtaining a Screening Opinion from the Planning Authority
Applying to Scottish Ministers for a Screening Direction
Permitted Development
Effect of Screening Opinions and Screening Directions
Planning Application Not Accompanied by an Environmental Statement
Initial Consideration by Planning Authority
Application to Scottish Ministers for a Screening Direction
Called-in Application Not Accompanied by an Environmental Statement
Appeal Not Accompanied by an Environmental Statement
Scottish Ministers' General Power to Make Directions
EIA and Other Types of Environmental Assessment

PROCEDURES WHEN EIA IS REQUIRED

Preparation and Content of an Environmental Statement
General Requirements
Compiling an Environmental Statement
Provision to Seek a Formal Opinion from the Planning Authority on the Scope of an Environmental Statement
Request to Scottish Ministers for a Scoping Direction
Effect of a Scoping Opinion or Direction
Provision of Information by the Consultation Bodies
Submission of EIA Applications and Initial Publicity Procedures
Publicity Before Submission of Environmental Statement
Copies of Environmental Statement for the Consultation Bodies
Additional Publicity
Submission of Planning Application with Environmental Statement
Environmental Statement Submitted After a Planning Application
Consideration of EIA Applications
Adequacy of the Environmental Statement
Provision of Further Information
Further Information provided for a public inquiry
Verification of Information in an Environmental Statement
Scottish Ministers' Consideration of Effects on Other Countries
Determining the Planning Application
Securing Mitigation measures
Publicising Determinations of EIA Applications

SPECIAL CASES

Multi-stage Consents (Outline Planning Permission and Reserved Matters Applications)
ROMP Applications
Development by Planning Authorities
Simplified Planning Zones and Enterprise Zones
Development Which Is Subject to a Planning Enforcement Notice
Determining Whether EIA is Needed
Enforcement Appeal Not Accompanied by an Environmental Statement
Provision of Information
Procedure Where Scottish Ministers Receive an Environmental Statement
Publicity for Environmental Statements
Further Information and Evidence Respecting Environmental Statements
Permitted Development (Exceptions to Town and Country Planning EIA Provisions)
Crown Development
Urgent Crown Development

PREVIOUS CIRCULARS CANCELLED OR AMENDED

FURTHER COPIES AND ENQUIRIES

ANNEXES
A Selection Criteria for Screening Schedule 2 Development
B Guidance on Screening: Checklist of criteria for evaluating the significance of environmental effects
C Information to be Included in an Environmental Statement
D Model Regulation 30 Notice
E Trunk Roads - Part III of the Regulations
F Land Drainage - Part IV of the Regulations

Planning Series:

• Scottish Planning Policies ( SPPs) provide statements of The Scottish Government's policy on nationally important land use and other planning matters, supported where appropriate by a locational framework.
• Circulars, which also provide statements of The Scottish Government's 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 The Scottish Government's policy contained in SPPs and Circulars are material considerations to be taken into account in development plan preparation and development management.

Existing National Planning 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 The Scottish Government's location-specific planning policy, for example the West Edinburgh Planning Framework, have the same status in decision making as SPPs.

The National Planning Framework sets out the strategy for Scotland's long-term spatial development. It has the same status as SPPs and provides a national context for development plans and planning decisions and the ongoing programme of The Scottish Government, public agencies and local government.

Important Note: In the interests of brevity and conciseness, SPPs do NOT repeat policy across thematic boundaries. Each SPP takes as read the general policy in SPP 1 and highlights the other SPPs where links to other related policy will be found. The whole series of SPPs should be taken as an integral policy suite and read together.

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