Publication - Advice and guidance

Planning circular 3/2011: the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011

Published: 1 Jun 2011
Directorate:
Environment and Forestry Directorate
Part of:
Research
ISBN:
9781780452227

Guidance on The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011.

66 page PDF

641.1 kB

66 page PDF

641.1 kB

Contents
Planning circular 3/2011: the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011
Footnotes

66 page PDF

641.1 kB

Footnotes

1. Scottish Statutory Instrument 2011 No 139
2. Council Directive No. 85/337/EEC, as amended by 97/11/EC, 2003/35/EC, and 2009/31/EC on the assessment of the effects of certain public and private projects on the environment
3. Scottish Statutory Instrument 1999 No 1, as amended
4. http://www.scottish.parliament.uk/business/bills/billguidance/gprb-1.htm#2_293
5. ROMP condition as defined by regulation 2(1) of the 2011 Regulations.
6. Circular 3/2004; The Town and Country Planning (Electronic Communications) (Scotland) Order 2004
7. PAN 70; Electronic Planning Service Delivery
8. Available online at http://ec.europa.eu/environment/eia/pdf/interpretation_eia.pdf
9. 1 Planning authorities may also receive applications for Schedule 1 development without an environmental statement, or receive requests for "screening opinions" for development which is Schedule 1 development or is neither Schedule 1 development nor Schedule 2 development. In any of these cases the Regulations require that a "screening opinion" be adopted.
10. http://ec.europa.eu/environment/eia/eia-support.htm
11. 1 under section 46 of the 1997 Act.
12. 1 Judgement in the case of R v Swale BC ex parte RSPB (1991) 1 PLR 6, BAA Plc v Secretary of State for Transport, Local Government and Regions [2002 EWHC 1920 Admin
13. ( SSI 2009/51)
14. Scottish Government Planning Circular 4/2009; Development Management Procedures. Available at http://www.scotland.gov.uk/Topics/Built-Environment/planning/publications/circulars
15. Copies can be sent to; Planning Decisions Unit, The Scottish Government, 2-H Victoria Quay, Edinburgh EH6 6QQ.
16. Article 1(4) of the Directive also provides that projects serving national defence purposes may be exempted on a case by case basis, if compliance with EIA would have an adverse effect on those purposes. Since national defence is a reserved matter for the UK Government, the power to exempt such developments from the requirements of the regulations is provided through a UK wide provision in The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, as amended by regulation 22 of the Town and Country Planning (Environmental Impact Assessment) (Amendment) Regulations 2006 ( SI 2006/3295).
17. Directive 79/409/EEC
18. Directive 92/43/EEC
19. S.I. 1994/2716, as amended.
20. Directive 96/82/EC (as amended)
21. Directive 96/82/EC (as amended)
22. Directive 2001/42/EC
23. Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008, SSI/432 as amended.
24. Guidance on EIA; Scoping June 2001. Available online at http://ec.europa.eu/environment/eia/eia-support.htm
25. 1 SSI 2004/520
26. 1 The definition of neighbouring land in regulation 3 of the Town and Country Planning (Development Management Procedure)(Scotland) Regulations 2009 has been amended by regulation 7(3) of the Town and Country Planning (Miscellaneous Amendments)(Scotland) Regulations 2009 ( SSI 2009/220)
27. Planning authorities should consult on planning applications in accordance with Regulation 25 and Schedule 5 of the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008, and individual directions where relevant.
28. including local inquiries held into planning appeals arising under section 47 of that Act and into planning applications referred to Scottish Ministers under section 46 of the Act.
29. Available at www.unece.org/env/eia/eia.htm
30. Planning Circular 1/2010: Planning Agreements; and, Annex to Circular 1/2010: Planning Agreements. Planning Obligations and Good neighbour Agreements.
31. Further information on judicial review procedure can be obtained by contacting the Scottish Courts Service, Petition Department, Court of Session, Parliament House, Edinburgh EH1 1RQ ( Tel: 0131 240 6747).
32. While applications for approval required by condition on planning permission in full are not subject to formal requirements on their content, an application of some sort for approval will have to be made, for example a letter or other submission of information.
33. Environment Act 1995: Section 96: Guidance on the Statutory Provisions and Procedures.
34. Planning and Compensation Act 1991: Interim Development Order Permissions: Operating, Restoration and Aftercare Conditions in Scotland.
35. Directorate for Planning and Environmental Appeals; 4 The Courtyard, Callendar Road, Falkirk, FK1 1XR. Planning appeal forms are available online on the DPEA web pages .
36. Circular 8/2007: The Environmental Impact Assessment (Scotland) Regulations 1999
37. Annex E to Circular 8/2007: The Environmental Impact Assessment (Scotland) Regulations 1999 remains extant until further notice and is available online on the Scottish Government'sPlanning EIA web pages
38. Addendum to Circular 8/2007: Environmental Impact Assessment (Scotland) Regulations 1999
39. Circular 1/2003: The Environmental Impact Assessment (Scotland) Regulations2002 Review of Old Mineral Permissions ( ROMPs).
40. 1 O.J. No. L103, 25.4. 1979,p.1.
41. 2 O.J. No. L 206, 22.7.1992, p.7


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