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Planning Circular 3 2011: The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011

DescriptionGuidance on The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011
ISBN
Official Print Publication Date
Website Publication DateJune 01, 2011

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ISBN 978 1 78045 222 7 (Web only publication)
DPPAS 11654

This document is also available in pdf format (643k)

Contents

INTRODUCTION
The EIA Directive
The 2011 Regulations
- General Principles and Policy
- 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
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
- Prior Approvals
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
- Application Under Review not Accompanied by an Environmental Statement
Scottish Ministers' General Power to Make Directions
- Request for a screening direction from Scottish Ministers
- Procedure for making a screening direction
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
- Notification and Publication 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 Additional Information
- Additional information provided for a public inquiry
- Verification of Information in an Environmental Statement
- Development with significant transboundary effects
Determining the Planning Application
- Securing Mitigation measures
- Publicising Determinations of EIA applications

SPECIAL CASES
Multi-stage Consents
- Determining an application for multi-stage consent
- Application for multi-stage consent in connection with a development for which EIA has not previously been undertaken
- Extension of the period for an authority's decision on a planning application
- Mitigation measures
Changes or extensions to existing or approved development
- Schedule 1 and Schedule 2 development
- Identifying Schedule 1 and Schedule 2 development
- The need for EIA for Schedule 2 development
- Preparation and content of an Environmental Statement
Simplified Planning Zones and Enterprise Zones
Permitted Development (Exceptions to Town and Country Planning EIA Provisions)
Urgent Crown Development
ROMP Applications
- Existing ROMP Provisions
- ROMP and Environmental Impact Assessment
- Establishing whether EIA is required
- Procedures when EIA is required
- Suspension of mineral permissions
- Application for Multi-stage consent ( ROMP condition)
PREVIOUS CIRCULARS CANCELLED OR AMENDED
- Water Management Projects

FURTHER COPIES AND ENQUIRIES

ANNEX A: Selection Criteria for Screening Schedule 2 Development
ANNEX B: Information to be included in an Environmental Statement

PLANNING SERIES:

Scottish Planning Policy ( SPP) is the statement of Scottish Government policy on nationally important land use planning matters.

National Planning Framework ( NPF) is the Scottish Government's strategy for Scotland's long term spatial development.

Circulars contain Scottish Government policy on the implementation of legislation or procedures.

Statements of Scottish Government policy in the SPP, NPF and Circulars may be material considerations to be taken into account in development plans and development management decisions.

Designing Places and the West Edinburgh Planning Framework have the same status in decision making as the SPP and NPF.

Planning Advice Notes provide advice and information on technical planning matters. Further information in the Scottish Government's role in the planning system is available on http://www.scotland.gov.uk/Topics/Built-Environment/planning