Unauthorised environmental impact assessment development enforcement: consultation analysis- summary

Executive Summary

1. The Scottish Government invited comments on proposals to disapply Section 124 of the Town and Country Planning (Scotland) Act 1997 concerning the time limits for taking enforcement action for unauthorised Environmental Impact Assessment (EIA) development. This consultation followed a case of unauthorised development in Northern Ireland for which an EIA was required but was not undertaken. The need for EIA was only identified after the time limit for enforcement had expired and the development was immune from enforcement action. As the Scottish planning system is similar to the system in Northern Ireland, the Scottish Government considers it is possible, although unlikely, that a similar situation could arise in Scotland.

2. The consultation ran for 12 weeks and ended on the 11 July 2024. The Scottish Government received 16 responses, which for the benefit of the summary form the following 5 distinct groups; Community & Individuals; Planning Authorities; Development, Property & Land Management sector & Agents; Professional Representative Bodies; and, the Third Sector.

3. Overall, the responses received were supportive of proposals to disapply enforcement time limits for unauthorised EIA Development across the respondent groups. Some respondents expressed concern about aspects of the draft Regulations or suggested changes to the detailed wording of these. Follow up conversations have been held where relevant. In particular, changes were proposed to help focus amendments more clearly on unauthorised EIA development