Development affecting protected species in Scotland
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Scottish Statutory Instrument
2017
Scotland
The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
At a glance
What's here
15 compliance obligations, 1 practical guide · 2 journeys
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Operator 7
Plus 8 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Step-by-step journeys using this legislation
Walkthroughs that take you from a real business situation to compliance.
Construction near a heritage site in Scotland
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Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Mentioned in related content
1 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
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What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part 1 — INTRODUCTORY
Browse 5 other sections in this Part — procedural / definitional / commencement
Citation and commencement
Interpretation
Prohibition on granting planning permission without an environmental impact assessment
Environmental impact assessment
Environmental Impact Assessment Report
Part 2 — DETERMINING WHETHER ENVIRONMENTAL IMPACT ASSESSMENT IS REQUIRED
Browse 5 other sections in this Part — procedural / definitional / commencement
EIA Development
General provisions relating to screening
Requests for screening opinion of the planning authority
Screening opinions – time period for decision
Requests for screening directions of the Scottish Ministers
Part 3 — PROCEDURES CONCERNING APPLICATIONS FOR PLANNING PERMISSION
Browse 6 other sections in this Part — procedural / definitional / commencement
Application or request to review made to a planning authority without prior screening
EIA application made to a planning authority without an EIA report
Application or Appeal to the Scottish Ministers without prior screening
EIA application referred to the Scottish Ministers without an EIA report
Appeal to the Scottish Ministers without an EIA report
Review by the planning authority of an application without an EIA report
Part 4 — PREPARATION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
Browse 3 other sections in this Part — procedural / definitional / commencement
Scoping opinions of the planning authority
Scoping directions of the Scottish Ministers
Procedure to facilitate preparation of EIA reports
Part 5 — PUBLICITY AND PROCEDURES ON SUBMISSION OF ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
Browse 6 other sections in this Part — procedural / definitional / commencement
Notification of EIA report
Publication of EIA report
Consultation where EIA report received by planning authority
Copy of EIA report for the Scottish Ministers
Consultation where EIA report received by the Scottish Ministers
Availability of copies of EIA report
Part 6 — ADDITIONAL INFORMATION
Browse 2 other sections in this Part — procedural / definitional / commencement
Supplementary information and evidence relating to EIA reports
Publication of additional information
Part 7 — AVAILABILITY OF DIRECTIONS ETC. AND NOTIFICATION OF DECISIONS
Browse 4 other sections in this Part — procedural / definitional / commencement
Availability of opinions, directions etc. for inspection
Decision notice
Monitoring measures
Notification of decision
Part 8 — APPLICATIONS FOR MULTI-STAGE CONSENT
Browse 5 other sections in this Part — procedural / definitional / commencement
Prohibition on granting an application for multi-stage consent without an environmental impact assessment
Application for multi-stage consent where EIA report previously provided
Application for multi-stage consent without EIA report
Application for multi-stage consent referred or appealed to the Scottish Ministers without an EIA report
Modification of regulations relating to application for multi-stage consent
Part 9 — SPECIAL CASES
Browse 4 other sections in this Part — procedural / definitional / commencement
Simplified planning zone schemes or enterprise zone orders
ROMP applications
Applications for permission under section 242A
Marine fish farming
Part 10 — DEVELOPMENT WITH SIGNIFICANT TRANSBOUNDARY EFFECTS
Browse 2 other sections in this Part — procedural / definitional / commencement
Development in Scotland likely to have significant effects in an EEA State other than the United Kingdom
Projects in an EEA State likely to have significant transboundary effects
Part 11 — MISCELLANEOUS
Browse 13 other sections in this Part — procedural / definitional / commencement
Electronic communications – general
Electronic communications – deemed agreement
Withdrawal of consent to use of electronic communications
Service of notices etc.
Application to Court of Session
Hazardous waste and material change of use
Extension of the period for an authority's decision on a planning application
Directions as to whether development is EIA development
Access to review procedure before a court
Competent authority – avoidance of conflict of interest
Co-ordination of assessments
Offences
Offences by bodies corporate etc.
Part 12 — Amendments Revocations and Transitional Provisions
Browse 5 other sections in this Part — procedural / definitional / commencement
Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992
Amendment of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013
Amendment of the Town and Country Planning (Appeals) (Scotland) Regulations 2013
Amendment of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013
Revocations and transitional provisions
Schedules
INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
- Include specific environmental information in your EIA report Operator
Browse 46 other Schedules — structural / supplementary
DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”
Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude‑oil) and...
Waste disposal installations for the incineration or chemical treatment (as...
Groundwater abstraction or artificial groundwater recharge schemes where the annual...
(1) Works for the transfer of water resources, other than...
Waste water treatment plants with a capacity exceeding 150,000 population...
Extraction of petroleum and natural gas for commercial purposes where...
Dams and other installations designed for the holding back or...
Pipelines with a diameter of more than 800 millimetres and...
Installations for the intensive rearing of poultry or pigs with...
Industrial plants for— (a) the production of pulp from timber...
Quarries and open‑cast mining where the surface of the site...
(1) Thermal power stations and other combustion installations with a...
Construction of overhead electrical power lines with a voltage of...
Installations for storage of petroleum, petrochemical or chemical products with...
Storage sites pursuant to Chapter 3 of Part 1 of...
Installations for the capture of carbon dioxide streams for the...
Any change to or extension of development listed in this...
(1) Installations for the reprocessing of irradiated nuclear fuel.
(1) Integrated works for the initial smelting of cast‑iron and...
Installations for the extraction of asbestos and for the processing...
Integrated chemical installations, that is to say, installations for the...
(1) Construction of lines for long‑distance railway traffic and of...
(1) Inland waterways and ports for inland‑waterway traffic which permit...
Waste disposal installations for the incineration, chemical treatment (as defined...
Interpretation
Descriptions of development
DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”
In the table below— “area of the works” includes any...
The table below sets out the descriptions of development and...
SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT
Characteristics of development
Location of development
Characteristics of the potential impact
A description of the development, including in particular:
A reference list detailing the sources used for the descriptions...
A description of the reasonable alternatives (for example in terms...
A description of the relevant aspects of the current state...
A description of the factors specified in regulation 4(3) likely...
A description of the likely significant effects of the development...
A description of the forecasting methods or evidence, used to...
A description of the measures envisaged to avoid, prevent, reduce...
A description of the expected sigFnificant adverse effects of the...
A non-technical summary of the information provided under paragraphs 1...
FORM OF NOTICE UNDER REGULATION 20
REVOCATIONS
Other sections — not classified into a Part
These sections exist in the Act but the contents-of-Parts walker did not place them under a Part. Likely amendments or sections inserted out of the original Part structure.
Prohibition on granting planning permission without an environmental impact assessment
Other duties (1) — Crown / regulator
- Authorities must not grant permission for EIA development without assessment Local authority
Environmental impact assessment
- Conduct an Environmental Impact Assessment (EIA) Operator
General provisions relating to screening
Other duties (1) — Crown / regulator
- Local authorities and Ministers must provide reasons for screening decisions Local authority
Requests for screening directions of the Scottish Ministers
- Submit required documents when requesting a screening direction Operator
EIA application made to a planning authority without an EIA report
- Respond to a notice requiring an Environmental Impact Assessment (EIA) report Operator
EIA application referred to the Scottish Ministers without an EIA report
Other duties (1) — Crown / regulator
- Scottish Ministers must request an EIA report if one is missing Crown / Minister / Government department
Appeal to the Scottish Ministers without an EIA report
- Respond to a notice requiring an EIA report for a planning appeal Operator
Copy of EIA report for the Scottish Ministers
- Provide a copy of the EIA report to Scottish Ministers Operator
Availability of copies of EIA report
- Make copies of your EIA report available for public inspection Operator
Notification of decision
Other duties (1) — Crown / regulator
- Planning authority must notify the public and Ministers of EIA decisions Local authority
Prohibition on granting an application for multi-stage consent without an environmental impact assessment
Other duties (1) — Crown / regulator
- Authorities must not approve multi-stage projects without an EIA Local authority
Development in Scotland likely to have significant effects in an EEA State ...
Other duties (1) — Crown / regulator
- Scottish Ministers must consult EEA States on cross-border environmental impacts Crown / Minister / Government department
Competent authority – avoidance of conflict of interest
Other duties (1) — Crown / regulator
- Planning authorities must avoid conflicts of interest in EIA applications Local authority
Co-ordination of assessments
Other duties (1) — Crown / regulator
- Planning authorities must coordinate Environmental and Habitats assessments Local authority
Browse 46 other unclassified sections
Citation and commencement
Interpretation
Environmental Impact Assessment Report
EIA Development
Requests for screening opinion of the planning authority
Screening opinions – time period for decision
Application or request to review made to a planning authority without prior screening
Application or Appeal to the Scottish Ministers without prior screening
Review by the planning authority of an application without an EIA report
Scoping opinions of the planning authority
Scoping directions of the Scottish Ministers
Procedure to facilitate preparation of EIA reports
Notification of EIA report
Publication of EIA report
Consultation where EIA report received by planning authority
Consultation where EIA report received by the Scottish Ministers
Supplementary information and evidence relating to EIA reports
Publication of additional information
Availability of opinions, directions etc. for inspection
Decision notice
Monitoring measures
Application for multi-stage consent where EIA report previously provided
Application for multi-stage consent without EIA report
Application for multi-stage consent referred or appealed to the Scottish Ministers without an EIA report
Modification of regulations relating to application for multi-stage consent
Simplified planning zone schemes or enterprise zone orders
ROMP applications
Applications for permission under section 242A
Marine fish farming
Projects in an EEA State likely to have significant transboundary effects
Electronic communications – general
Electronic communications – deemed agreement
Withdrawal of consent to use of electronic communications
Service of notices etc.
Application to Court of Session
Hazardous waste and material change of use
Extension of the period for an authority's decision on a planning application
Directions as to whether development is EIA development
Access to review procedure before a court
Offences
Offences by bodies corporate etc.
Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992
Amendment of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013
Amendment of the Town and Country Planning (Appeals) (Scotland) Regulations 2013
Amendment of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013
Revocations and transitional provisions
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- Environmental assessment - Scottish Government (opens in a new tab) Detailed Guidance
- SEPA hydrogen guidance (opens in a new tab) Detailed Guidance
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