The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 come into force on 1 June 2011. A Scottish Government Circular will be issued to provide guidance.
The Regulations replace the parts of the Environmental Impact Assessment (Scotland) Regulations 1999 which applied to the planning system. It’s a consolidating and updating exercise, largely required because of the changes stemming from decisions by the English and European courts.
As ever, the biggest change we will all notice is having to use new numbering. For example, regulation 19 notices (requiring further information) are now dealt with by regulation 23.
The main changes are:
- changes or extensions to existing development – the cumulative effect must be assessed, not just the extension (the Baker case);
- negative screening (EIA not required) – reasons must be provided if requested (Mellor case);
- application for multi-stage consent – extended to AMS applications (applications for approval, consent or agreement required by a condition imposed on a grant of planning permission in principle – in old money, a reserved matters application);
- carbon capture projects are added to schedules 1 and 2 – projects which (may) require EIA.
On May 31, 2011