Unauthorised environmental impact assessment development enforcement: consultation analysis- summary

Introduction

Background

4. The Scottish Government's consultation on the Town and Country Planning (EIA) (Scotland) Amendment Regulations 2024 followed the findings of the Aarhus Convention Compliance Committee in Decision VII/8s concerning an unauthorised EIA development in Northern Ireland, for which an EIA was not undertaken but which was retrospectively granted planning permission. The need for EIA was only identified after the time limit for enforcement had expired and the development was then immune from enforcement action. As the Scottish planning system is similar to the system in Northern Ireland, the Scottish Government considered it is feasible, although unlikely, that a similar situation could arise in Scotland.

5. EIA is a means of drawing together, in a systematic way, the likely significant effects of a development proposal on the environment. In this way, EIA aims to ensure the predicted effects of development proposals, and the scope for reducing any adverse effects or enhancing positive effects, are properly understood by the public and the planning authority before a decision is taken.

The consultation

6. The consultation ran for 12 weeks, starting on the 19 April 2024 and ending on the 11 July 2024. Views were invited on the proposal and on the impact assessments that were undertaken. The consultation paper and supporting impact assessment documents are available on Citizen Space.

7. As referred to above, a number of impact assessments were undertaken to support the consultation. The Scottish Government is required to consider the impacts of proposed policies, plans or strategic decisions in relation to equalities, various societal groups and sectors, data protection and the environment, under a range of legislation and commitments. Views were invited through the consultation on the impact assessment findings. The majority of respondents agreed with the findings of these assessments.

Respondent Profile

8. The Scottish Government received 16 responses to the consultation. Respondents were asked to identify whether they were responding as an individual or on behalf of a group or organisation. Respondents were then grouped under one of five groups. A breakdown of the number of responses received by respondent type is set out in Table 1 below, and a full list of respondents by group is provided at Annex 1.

Summary of responses

9. This summary has been prepared by officials in the Scottish Government's Planning, Architecture and Regeneration Directorate. Individual responses are grouped under the consultation questions to ensure respondents, where desired, remain anonymous. Some respondents opted not to answer every question, resulting in some questions having more responses than others.

10. The majority of those who responded supported the proposal, across all respondent groups. Reasons given for support varied, with one respondent stating that impacts on the environment were not time limited, and another stating that adverse impacts could be missed, without an opportunity to remediate them. Despite the variation in reasons given, it was clear that protecting the environment from adverse impacts of unauthorised EIA development was an important factor.

11. Some respondents expressed concern about, or suggested changes to, the detailed wording of the draft Regulations and follow up conversations were therefore held where relevant. In particular changes were proposed to help focus amendments more clearly on unauthorised EIA development.