The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017

• (2) No scheme, order or modified scheme to which this regulation applies may—

• (a) grant planning permission for Schedule 1 development; or

• (b) grant planning permission for Schedule 2 development unless that grant is subject to the prior adoption of a screening opinion or prior making of a screening direction that the particular proposed development is not EIA development.

ROMP applications

38

• (1) These Regulations apply to—

• (a) a ROMP application as they apply to an application for planning permission;

• (b) ROMP development as they apply to development in respect of which an application for planning permission is, has been or is to be made;

• (c) a person making a ROMP application as they apply to an applicant for planning permission; and

• (d) the determination of a ROMP application as they apply to the granting of a planning permission,

subject to the modifications and additions set out below.

• (2) Regulation 12 applies as if—

• (a) in paragraph (3)(a) and (4) for “21” there were substituted “ 42 ”; and

• (b) in paragraph (4) after “the notice” there were inserted “ , or within such other period as may be agreed with the planning authority in writing ”.

• (3) Regulations 12(5) and (6), 14(5) and (6), 15(4) and (5) and 49 do not apply.

• (4) Regulation 13 applies as if for paragraph (1)(a)(ii) there were substituted—

(ii) an appeal under paragraphs 17(1) and 17(2) of schedule 8 of the Act, paragraph 11(1) of schedule 9 of the Act or paragraph 9(1) of schedule 10 of the Act (right of appeal)

• (5) Regulation 14 applies as if—

• (a) in paragraphs (3) and (4) for “21” there were substituted “ 42 ”; and

• (b) in paragraph (4) after “the notice” there were inserted “ , or within such other period as may be agreed with the Scottish Ministers in writing, ”.

• (6) Regulation 15(3) applies as if—

• (a) for “21” there were substituted “ 42 ”; and

• (b) after “the notice” there were inserted “ , or within such other period as may be agreed with the Scottish Ministers in writing, ”.

• (7) Regulations 17(11) and 18(9) apply as if for “an application for planning permission for” there were substituted “ a ROMP application which relates to another planning permission which authorises ”.

• (8) Regulation 22(3) applies as if for “application for planning permission” there were substituted “ ROMP application ”.

• (9) Regulation 24(1) applies as if for “section 46 or 47” there were substituted “ section 46, paragraphs 17(1) and 17(2) of schedule 8 of the Act, paragraph 11(1) of schedule 9 of the Act or paragraph 9(1) of schedule 10 of the Act ”.

• (10) Part 11 applies as if for regulation 47 there were substituted—

(47) For the purposes of Part XI of the Act (validity), the references in section 239, as applied by paragraph 21(3) of schedule 8, paragraph 16(4) of schedule 9 or paragraph 9(4) of schedule 10 of the Act, to action of the Scottish Ministers which is not within the powers of the Act is to be taken to extend to the determination of a ROMP application by the Scottish Ministers in contravention of regulation 3.

• (11) Regulation 50 applies to ROMP development as it applies to development in respect of which a planning application is made.

• (12) Where the Scottish Ministers or the planning authority notifies the developer, that—

• (a) the submission of an EIA report is required under regulations 12(2), 14(2), or 15(2) such notification must specify the date by which the EIA report is to be submitted; or

• (b) additional information is required under regulation 26 such notification must specify the date by which that information is to be provided.

• (13) Paragraph (14) applies where the Scottish Ministers or the planning authority—

• (a) notifies the developer, that—

• (i) the submission of an EIA report is required under regulations 12(2), 14(2), or 15(2); or

• (ii) supplementary information is required under regulation 26(2); and

• (b) the developer, as the case may be—

• (i) does not write to the planning authority or the Scottish Ministers in accordance with regulation 12(4),14(4) or 15(3) before the expiry of the relevant period;

• (ii) having written to the planning authority or the Scottish Ministers in accordance with regulation 12(4),14(4) or 15(3) before the expiry of the relevant period does not submit an EIA report by the date specified by the planning authority, or the Scottish Ministers in accordance with paragraph (12); or

• (iii) does not provide such supplementary information by the date specified by the planning authority, or the Scottish Ministers in accordance with paragraph (12);

• (14) Unless either the Scottish Ministers have made a screening direction to the effect that the ROMP development to which the ROMP Application relates is not EIA development, where this paragraph applies the planning permission to which the ROMP application relates does not authorise any development consisting of the winning and working of minerals, or involving the depositing of mineral waste, except insofar as it imposes any restoration or aftercare condition any minerals development, during the period—

• (a) beginning, as the case may be, with—

• (i) the end of the relevant period; or

• (ii) the day following the date specified in accordance with paragraph (12); and

• (b) ending on the date on which the developer, as the case may be, submits an EIA report or provides the supplementary information.

• (15) For the purposes of paragraphs (13)(b)(i) and (14), the “relevant period” means the period of 42 days beginning with the date of the notice given under regulation 12(2), 14(2) or 15(3), as the case may be, or such longer period as may be agreed with the authority who gave the notice

• (16) Particulars of the suspension of development arising by virtue of paragraph (14) and the date that suspension ends must be entered in the appropriate part of the register as soon as reasonably practicable.

• (17) Paragraph (14) does not affect any development carried out under a planning permission before the date of suspension of that development.

• (18) Where it falls to—

• (a) a planning authority to determine a Schedule 1 or a Schedule 2 application, paragraph 14(6)(b) of schedule 8, paragraph 9(8) of schedule 9 or paragraph 6(7) of schedule 10 of the Act do not have effect to treat the authority as having determined the conditions to which any relevant planning permission is to be subject unless either the planning authority has adopted a screening opinion or the Scottish Ministers have made a screening direction to the effect that the ROMP development in question is not EIA development;

• (b) a planning authority or the Scottish Ministers to determine a Schedule 1 or a Schedule 2 application—

• (i) section 36 (register of applications, etc), and any provisions of the Development Management Procedure Regulations made by virtue of that section, have effect with any necessary amendments so that they apply to ROMP applications under paragraph 9(1) of schedule 9 and paragraph 6(1) of schedule 10 of the Act as they apply to applications for planning permission; and

• (ii) where the planning authority is not the authority required to keep the register, the planning authority must provide the authority required to keep it with such information and documents as that authority requires to comply with section 36 as applied by sub‑paragraph (i), with regulation 28 as applied by paragraph (1), and with paragraph (11).

• (19) Where it falls to the planning authority or the Scottish Ministers to determine an EIA application that is made under paragraph 14(2) of schedule 8 of the Act, paragraph 16(4) of that schedule does not apply.

• (20) Where it falls to the planning authority to determine an EIA application, the planning authority must give written notice of their determination of the ROMP application within four months beginning with the date upon which the ROMP application is made or such extended period as may be agreed in writing between the developer and the planning authority.

• (21) For the purposes of paragraph (20) a ROMP application is not made until—

• (a) a document referred to by the developer as an EIA report;

• (b) any documents required to accompany that report; and

• (c) any supplementary information required under regulation 26(2),

has been received by the authority.

• (22) Where paragraph (18)(a) applies—

• (a) paragraph 17(2) of schedule 8, paragraph 11(1) of schedule 9 and paragraph 9(1) of Schedule 10 of the Act (right of appeal) have effect as if there were also a right of appeal to the Scottish Ministers where the planning authority have not given written notice of their determination of the ROMP application in accordance with paragraph (20); and

• (b) paragraph 17(5) of schedule 8, paragraph 11(2) of schedule 9 and paragraph 9(2) of schedule 10 of the Act (right of appeal) have effect as if they also provided for notice of appeal to be made within six months from the expiry of the four months or other period agreed pursuant to paragraph (20).

• (23) In determining for the purposes of—

• (a) paragraph 14(6)(b) of schedule 8, paragraph 9(8) of schedule 9 and paragraph 6(7) of Schedule 10 of the Act (determination of conditions); or

• (b) paragraph 17(5) of schedule 8, paragraph 11(2) of schedule 9 and paragraph 9(2) of Schedule 10 of the Act (right of appeal) as applied by paragraph (22)(b),

the time which has elapsed without the planning authority giving the developer written notice of their determination in a case where the authority have notified a developer in accordance with regulation 12(2) that the submission of an EIA report is required and the Scottish Ministers have given a screening direction in relation to the ROMP development in question, no account must be taken of any period before the issue of the direction.

Applications for permission under section 242A

39

• (1) These Regulations apply to an application made (or to be made) to the Scottish Ministers under section 242A (urgent Crown development) subject to the following modifications.

• (2) References to “planning authority” are to be treated as references to “the planning authority or the Scottish Ministers, as appropriate”.

• (3) Regulation 7(6)(b) applies as if after “authority” there were inserted, “ for the area to which the application relates. ”.

• (4) Regulations 9(5) and (6), 12(4)(b) and 17(8) and (9) do not apply.

• (5) Regulation 22 applies as if—

• (a) in paragraph (1)(a) for “to the Scottish Ministers” there were substituted “ and the related application to the planning authority for the area to which the application relates ”;

• (b) after paragraph (1) there were inserted—

(1A) Where a planning authority receive a copy of the EIA report, they must make a copy of the EIA report together with a copy of the related application available for inspection— (a) on a website; and (b) at all reasonable hours at an office of the planning authority where the register may be inspected.

• (6) Part 7 applies as if for regulation 28 there were substituted—

(28) (1) Where the Scottish Ministers— (a) adopt a screening opinion or scoping opinion in relation to an application which may be made under section 242A; (b) receive a request under regulation 17(1); or (c) make a screening direction, scoping direction or direction under regulation 6(4) or (6), before the application is made for the development in question, the Scottish Ministers must send a copy of the opinion, request or direction to the planning authority for the area to which the application relates. (2) Where the planning authority receive copies of an opinion, request or direction under paragraph (1) they must make copies of that document available for inspection— (a) on a website; and (b) at all reasonable hours at an office of the planning authority where the register may be inspected. (3) Documents made available under paragraph (2) must remain so available for a period of two years.

• (7) Regulation 35 applies to the determination of an application for multi-stage consent by the Scottish Ministers relating to a grant of planning permission under section 242A as it applies to the determination of an application for multi-stage consent referred to them.

Marine fish farming

40

• (1) These Regulations apply to an application for planning permission relating to fish farm development subject to the following modifications.

• (2) In regulation 2(1) (interpretation)—

• (a) in the definition of “the consultation bodies” after paragraph (e) insert—

(f) any district salmon fishery board in whose area the proposed development is to be situated; and (g) the Scottish Ministers;

; and

• (b) after the definition of “the Directive” insert—

“district salmon fishery board” has the meaning given in section 43 of the Salmon and Freshwater Fisheries (Consolidation) (Scotland) Act 2003

• (3) Regulation 8(2)(a) applies as if for “land” there were substituted “ location of the development ”.

• (4) Regulation 17(2)(a) applies as if for “land” there were substituted “ location of the development ”.

• (5) Regulation 20 does not apply.

• (6) Where an application for planning permission relates in part to fish farm development and in part to other development, the modifications specified in this regulation apply only for the purposes of the application to the extent that it relates to fish farm development.

PART 10 — DEVELOPMENT WITH SIGNIFICANT TRANSBOUNDARY EFFECTS

Development in Scotland likely to have significant effects in an EEA State ...

41

• (1) This regulation applies where—

• (a) it comes to the attention of the Scottish Ministers that development proposed to be carried out in Scotland is the subject of an EIA application and is likely to have significant effects on the environment in an EEA State ...; or

• (b) an EEA State ... likely to be significantly affected by such development so requests.

• (2) Where this regulation applies, the Scottish Ministers must—

• (a) send to the EEA State, as soon as possible and no later than their date of publication in The Edinburgh Gazette referred to in paragraph (b), the particulars mentioned in paragraph (3) and, if they think fit, the information referred to in paragraph (4);

• (b) publish the information in paragraph (a) in a notice placed in The Edinburgh Gazette indicating the address where further information is available; and

• (c) give the EEA State a reasonable time in which to indicate whether it wishes to participate in the procedure for which these Regulations provide.

• (3) The particulars referred to in paragraph (2)(a) are—

• (a) a description of the development, together with any available information on its possible significant effect on the environment in an EEA State; and

• (b) information on the nature of the decision which may be taken.

• (4) Where an EEA State indicates, in accordance with paragraph (2)(c), that it wishes to participate in the procedure for which these Regulations provide, the Scottish Ministers must as soon as possible send to that EEA State the following information—

• (a) a copy of the application concerned;

• (b) a copy of the EIA report in respect of the development to which that application relates; and

• (c) relevant information regarding the procedure under these Regulations,

but only to the extent that such information has not been provided to the EEA State earlier in accordance with paragraph (2)(a).

• (5) The Scottish Ministers, insofar as they are concerned, must also—

• (a) arrange for the particulars and information referred to in paragraphs (3) and (4) and any additional information submitted by the developer to be made available, within a reasonable time, to the authorities designated by the EEA State as authorities to be consulted and to the public concerned in the territory of the EEA State likely to be significantly affected; and

• (b) ensure that those authorities and the public concerned are given an opportunity, before planning permission for the development is granted, to forward to the Scottish Ministers, within a reasonable time, their opinion on the information supplied.

• (6) The Scottish Ministers must ...—

• (a) enter into consultations with the EEA State concerned regarding, amongst other things, the potential significant effects of the development on the environment of that EEA State and the measures envisaged to reduce or eliminate such effects; and

• (b) determine in agreement with the ... EEA State a reasonable period of time for the duration of the consultation period.

• (7) Where an EEA State has been consulted in accordance with paragraph (6), on the determination of the application concerned the Scottish Ministers must inform the EEA State of the decision and forward to it a copy of the decision notice.

Projects in another EEA State likely to have significant transboundary effects

42

• (1) Where the Scottish Ministers receive from an EEA State ... information which that EEA State has gathered from the developer of a proposed project in that EEA State which is likely to have significant effects on the environment in Scotland, the Scottish Ministers must...—

• (a) enter into consultations with that EEA State regarding, amongst other things, the potential significant effects of the proposed project on the environment in Scotland and the measures envisaged to reduce or eliminate such effects;

• (b) determine in agreement with that EEA State a reasonable period, before development consent for the project is granted, during which members of the public in Scotland may submit representations to the competent authority in that EEA State

• (c) so far as they have received such information, notify the consultation bodies and the public concerned of the content of any decision of the competent authority of the relevant EEA State and in particular—

• (i) any conditions attached to it;

• (ii) the main reasons and considerations on which the decision was based including, if relevant, information about the participation of the public; and

• (iii) a description of the main measures to avoid, reduce and if possible, offset the major adverse effects that have been identified.

• (2) The Scottish Ministers ...must also—

• (a) arrange for the information referred to in paragraph (1) to be made available, within a reasonable time, both to the authorities in Scotland which they consider are likely to be concerned by the project by reason of their specific environmental responsibilities, and to the public concerned in Scotland; and

• (b) ensure that those authorities and the public concerned in Scotland are given an opportunity, before development consent for the project is granted, to forward to the competent authority in the relevant EEA State, within a reasonable time, their opinion on the information supplied.

PART 11 — MISCELLANEOUS

Electronic communications – general

43

• (1) In these Regulations, and in relation to the use of electronic communications for any purpose in these Regulations which is capable of being effected electronically—

• (a) the expression “address” includes any number or address used for the purposes of such communications, except that where these Regulations impose an obligation on any person to provide a name and address to any other person, the obligation will not be fulfilled unless the person on whom it is imposed provides a postal address; and

• (b) references to applications, reports, statements, notices, directions or other documents, or to copies of such documents, include references to such documents or copies of them in electronic form.

• (2) Paragraphs (3) to (8) apply where an electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any report, statement, notice or other document to any other person (“the recipient”).

• (3) The requirement is deemed to be fulfilled (except in a case referred to in paragraph (4)) where the notice or other document transmitted by means of the electronic communication is—

• (a) capable of being accessed by the recipient;

• (b) legible in all material respects; and

• (c) sufficiently permanent to be used for subsequent reference.

• (4) The cases are—

• (a) serving any notice under regulation 20;

• (b) any requirement under regulation 41 including submitting information to an EEA State; and

• (c) any requirement under regulation 42.

• (5) In paragraph (3), “legible in all material respects” means that the information contained in the notice or other document is available to the recipient to no lesser extent than it would be if sent or given by means of a document in printed form.

• (6) Where the electronic communication is received by the recipient—

• (a) at any time before the end of a day which is a working day, it is deemed to have been received on that day;

• (b) at any time during a day which is not working day, it is deemed to have been received on the next working day,

and for these purposes, “working day” means a day which is not a Saturday, Sunday, Christmas Eve, a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 , a day appointed for public thanksgiving or mourning or any other day which is a local or public holiday in an area in which the electronic communication is received.

• (7) A requirement in these Regulations that any document should be in writing is fulfilled where that document meets the criteria in paragraph (3), and “written” and cognate expressions are to be construed accordingly.

• (8) Where electronic communication is used by a person for the purpose of fulfilling any requirement in these Regulations to give or send any report, statement or document, any such requirement may be complied with by sending one copy only of the report, statement or other document in question.

Electronic communications – deemed agreement

44

• (1) Any person sending a document using electronic communications is to be taken to have agreed—

• (a) to the use of such communications for all purposes relating to the application which are capable of being carried out electronically; and

• (b) that the address for the purpose of such communications is the address incorporated into, or otherwise logically associated with, that communication.

• (2) Deemed agreement under paragraph (1) subsists until that person gives notice under regulation 45 to revoke the agreement.

Withdrawal of consent to use of electronic communications

45

Where a person is no longer willing to accept the use of electronic communications for any purpose which, under these Regulations, is capable of being carried out using such communications, that person must give notice in writing—

• (a) withdrawing any address notified to the planning authority or, as the case may be, to the Scottish Ministers for that purpose; or

• (b) revoking any agreement entered into or deemed to have been entered into with the planning authority or, as the case may be, with the Scottish Ministers for that purpose,

and such withdrawal or revocation will be final, and will take effect on a date specified by the person in the notice, being a date occurring after the period of seven days, beginning with the date on which the notice is given.

Service of notices etc.

46

Subject to regulations 43 to 45, any notice or other document to be served or given under these Regulations may be served or given in a manner specified in section 271 (service of notices).

Application to Court of Session

47

For the purposes of Part XI of the Act (validity), the references in section 239(1)(b) and (2) to action of the Scottish Ministers or a planning authority which is not within the powers of the Act are to be taken to extend, as the case may be, to—

• (a) a grant of planning permission by the Scottish Ministers or the planning authority in contravention of regulation 3; and

• (b) a grant of multi-stage consent by the Scottish Ministers or the planning authority in contravention of regulation 32.

Hazardous waste and material change of use

48

A change in the use of land or buildings to a use for a purpose mentioned in paragraph 9 of schedule 1 involves a material change in the use of that land or those buildings for the purposes of subsection (1) of section 26 (meaning of “development”).

Extension of the period for an authority's decision on a planning application

49

• (1) In determining, for the purposes of the provisions specified in paragraph (2), the time which has elapsed without the planning authority giving notice to the developer of their decision in a case where—

• (a) the planning authority have notified a developer in accordance with regulation 12(2) that the submission of an EIA report is required; and

• (b) the Scottish Ministers have given a screening direction in relation to the development in question,

no account is to be taken of any period before the issue of the screening direction.

• (2) The provisions are—

• (a) section 43A(8)(c) (right to require a review on failure to determine an application);

• (b) section 47(2) (right to appeal against planning decisions and failure to take such decisions); and

• (c) regulation 26(2) (time periods for decision) of the Development Management Procedure Regulations.

• (3) Where it falls to an authority to determine an EIA application, regulation 26 (time periods for decision) of the Development Management Procedure Regulations has effect as if—

• (a) for the reference in paragraph (2)(b) of that regulation to two months there were substituted a reference to four months; and

• (b) the reference to “validation date” is a reference to the later of—

• (i) the date on which the application is taken to have been made in terms of regulation 14 of the Development Management Procedure Regulations; or

• (ii) the date on which an EIA report is submitted in respect of the application.

Directions as to whether development is EIA development

50

The Scottish Ministers may give directions that development which is both of a description set out in Column 1 of the table in schedule 2, and of a class described in the direction, is EIA development for the purposes of these Regulations.

Access to review procedure before a court

51

Any non‑governmental organisation promoting environmental protection and meeting any requirements under the law is deemed to have an interest for the purposes of Article 11(1)(a) of the Directive and rights capable of being impaired for the purposes of Article 11(1)(b) of the Directive. (and for such purpose Article 11(1)(b) is to be read as if the reference to “ a Member State ” were a reference to “Scotland”).

Competent authority – avoidance of conflict of interest

52

• (1) The planning authority or the Scottish Ministers, as the case may be, are to perform their duties arising under these Regulations in an objective manner and so as not to find themselves in a situation giving rise to a conflict of interest.

• (2) Where the planning authority or the Scottish Ministers, as the case may be, are to consider an application for EIA development made by that body, they are to implement within their organisation of administrative competences an appropriate separation between conflicting functions when performing their duties under these Regulations.

Co-ordination of assessments

53

• (1) Where in relation to EIA development there is, in addition to the requirement for an environmental impact assessment to be carried out in accordance with these Regulations, also a requirement to carry out a Habitats Regulation Assessment, the planning authority (or the Scottish Ministers, as the case may be) must where appropriate ensure that the Habitats Regulation Assessment and the environmental impact assessment are co-ordinated.

• (2) In this regulation, a “Habitats Regulation Assessment” means an assessment under regulation 48 of the Conservation (Natural Habitats, &c.) Regulations 1994 .

Offences

54

• (1) Any person who, for the purpose of procuring a particular decision on an application to which these Regulations apply—

• (a) knowingly or recklessly makes a statement which is false or misleading in a material particular;

• (b) with intent to deceive, uses any document which is false or misleading in a material particular; or

• (c) with intent to deceive, withholds any material information,

commits an offence.

• (2) A person who commits an offence under paragraph (1) above is liable—

• (a) on summary conviction, to a fine not exceeding the statutory maximum; or

• (b) on conviction on indictment, to a fine.

• (3) No act or omission of the Crown constitutes an offence under this regulation.

• (4) The Court of Session may, on the application of the Scottish Ministers, the chief constable or any other public body or office-holder having responsibility for enforcing the provision, declare unlawful any act or omission of the Crown which would but for paragraph (3) have constituted an offence under this regulation.

• (5) Despite paragraph (3), this regulation applies to a person in the public service of the Crown as it applies to other persons.

Offences by bodies corporate etc.

55

• (1) Paragraph (2) applies where—

• (a) an offence under regulation 54 has been committed by—

• (i) a body corporate;

• (ii) a Scottish partnership; or

• (iii) an unincorporated association other than a Scottish partnership; and

• (b) it is proved that the offence was committed with the consent or connivance of, or was attributable to neglect on the part of—

• (i) a relevant individual; or

• (ii) an individual purporting to act in the capacity of a relevant individual.

• (2) The individual (as well as the body corporate, partnership or (as the case may be) association) commits the offence and is liable to be proceeded against and punished accordingly.

• (3) In paragraph (1), “relevant individual” means—

• (a) in relation to a body corporate (other than a limited liability partnership)—

• (i) a director, manager, secretary or similar officer of the body;

• (ii) where the affairs of the body are managed by its members, a member;

• (b) in relation to a limited liability partnership, a member;

• (c) in relation to a Scottish partnership, a partner;

• (d) in relation to an unincorporated association other than a Scottish partnership, an individual who is concerned in the management or control of the association.

PART 12 — Amendments Revocations and Transitional Provisions

Amendment of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992

56

• (1) Article 3 of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 is amended in accordance with paragraphs (2) to (6).

• (2) In paragraph (8) for “the Environmental Impact Assessment (Scotland) Regulations 2011” substitute “ the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 ”.

• (3) In paragraphs (8)(a), (8A), (8B), (8C) and (9)(a), for “regulation 6”, in every place where those words occur, substitute “ regulation 8 ”.

• (4) In paragraphs (8)(b), (8A)(b)(i), (8B)(b) and (9)(a), for “regulation 5(10) or 7(4)” substitute “ regulation 7(4) or 10 ”.

• (5) In paragraphs (8)(c) and (9)(a), for “regulation 5(4)” substitute “ regulation 6(4) or (6) ”.

• (6) In paragraph (9)(b), for “regulation 5(10) or (11), 7(4) or 45” substitute “ regulation 7(4), 10 or 50 ”.

Amendment of the Town and Country Planning (Development Management Procedure (Scotland) Regulations 2013

57

• (1) The Development Management Procedure Regulations are amended in accordance with paragraphs (2) to (4).

• (2) In regulation 3 (interpretation)—

• (a) after the definition of “dwellinghouse” insert—

“EIA report” has the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017;

; and

• (b) in the definition of “environmental statement” after “2011” insert “ as those Regulations had effect on 15th May 2017 ”.

• (3) In regulation 5(2) (content of pre-application screening notice) for “2011” substitute “ 2017 ”.

• (4) In Schedule 2 (registers under section 36(1))—

• (a) in paragraph 3(b) and in paragraph 4(c)(i) after “environmental statement” insert “ or EIA report ”;

• (b) in paragraph 3(f) for “9(4)” substitute “12(5)” and for “2011” substitute “ 2017 ”; and

• (c) in paragraph 4(e) for “regulation 5(11) or 45” substitute “ regulation 50 ” and for “2011” substitute “ 2017 ”.

Amendment of the Town and Country Planning (Appeals) (Scotland) Regulations 2013

58

• (1) The Town and Country Planning (Appeals) (Scotland) Regulations 2013 are amended in accordance with paragraph (2).

• (2) In regulation 2 (interpretation)—

• (a) in the definition of “application for multi-stage consent” for “2011” substitute “ 2017 ”;

• (b) for the definition of “EIA development” and “environmental statement” substitute—

“EIA development” and “EIA report” have the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017; “environmental statement” has the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 as those Regulations had effect on 15th May 2017;

; and

• (c) in the definition of “validation date”, in paragraph (a)(ii) for “environmental statement” substitute “ EIA report or environmental statement, as the case may be, ”.

Amendment of the Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013

59

• (1) The Town and Country Planning (Schemes of Delegation and Local Review Procedure) (Scotland) Regulations 2013 are amended in accordance with paragraph (2).

• (2) In regulation 2 (interpretation)—

• (a) in the definition of “application for multi-stage consent” for “2011” substitute “ 2017 ”;

• (b) for the definition of “EIA development” and “environmental statement” substitute—

“EIA development” and “EIA report” have the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017; “environmental statement” has the same meaning as in the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 as those Regulations had effect on 15th May 2017;

; and

• (c) in the definition of “validation date”, in paragraph (a)(ii) for “environmental statement” substitute “ EIA report or environmental statement, as the case may be, ”.

Revocations and transitional provisions

60

• (1) Subject to paragraphs (2) to (4), the 2011 Regulations are revoked.

• (2) The 2011 Regulations continue to have effect ... in respect of an application for planning permission or a ROMP application, including consideration of such an application in the course of any appeal under section 47 or review under section 43A(8), where the developer has before that date—

• (a) submitted an environmental statement in connection with that application;

• (b) requested the planning authority under regulation 14(1) of the 2011 Regulations to adopt a scoping opinion in respect of the development to which the application relates; or

• (c) asked the Scottish Ministers under regulation 11(3) or 12(2) of the 2011 Regulations to make a scoping direction in respect of the development to which that application relates.

• (3) Where the developer has before 16th May 2017 submitted an environmental statement in connection with the development to which an application for multi-stage consent relates—

• (a) the assessment under regulation 33(2)(a) as to whether or not there are significant effects on the environment which have not previously been identified and assessed is to be undertaken by reference to the scope of the information which immediately prior to 16th May 2017 had to be included in the environmental statement in accordance with schedule 4 of the 2011 Regulations; and

• (b) regulation 26(2) and paragraph (b) of the definition of “additional information” apply as if the reference to matters to be included in an EIA report in accordance with regulation 5(2) were a reference to the information which immediately prior to 16th May 2017 had to be included in the environmental statement in accordance with schedule 4 of the 2011 Regulations.

• (4) Parts 1 and 2 and schedules 1 to 3 of the 2011 Regulations continue to have effect in respect of—

• (a) a request for a screening opinion under regulation 6(1) of the 2011 Regulations made to the planning authority before 16th May 2017;

• (b) a request for a screening direction pursuant to regulation 6(6) of the 2011 Regulations made to the Scottish Ministers before that date; or

• (c) a request for a screening direction pursuant to regulation 6(6) of the 2011 Regulations made to the Scottish Ministers after that date in connection with—

• (i) the adoption of a screening opinion by the planning authority (whether before or after that date) following a request for a screening opinion made under regulation 6(1) of the 2011 Regulations before that date; or

• (ii) the failure of the planning authority to adopt a screening opinion following a request for a screening opinion made under regulation 6(1) of the 2011 Regulations before that date;

• (5) Where, pursuant a request referred to in paragraph (4), a screening opinion is adopted by the planning authority or screening direction is made by the Scottish Ministers in respect of a particular development, regulation 7(1) and (2) of these Regulations applies to the making of any subsequent screening direction in respect of that particular development by the Scottish Ministers under regulation 7(4) as if—

• (a) the reference in paragraphs (1)(a)(i) and (2)(a) to schedule 3 were a reference to schedule 3 of the 2011 Regulations; and

• (b) paragraphs (1)(a)(ii) and (b) were omitted.

• (6) References in this regulation to provisions of the 2011 Regulations are references to such provisions as they had effect immediately before 16th May 2017 , subject to the modifications specified in paragraph (6A).

• (6A) The 2011 regulations are to be read as if—

• (a) in regulation 2(1) (interpretation)—

• (i) at the end of the definition of “the CCS Directive” the words “, as Directive 2009/31/EC had effect immediately before IP completion day” were inserted,

• (ii) at the end of the definition of “the Directive” the words “, as it had effect immediately before IP completion day” were inserted,

• (b) in regulation 5(4) (general provisions relating to screening), for “, in accordance with Article 2(4) of the Directive (but without prejudice to Article 7 of the Directive),” there were substituted “ in exceptional cases ”,

• (c) in regulation 36 (development in Scotland likely to have significant effects in an EEA other than the United Kingdom)—

• (i) in the heading, the words “other than the United Kingdom” were omitted,

• (ii) in paragraphs (1)(a) and (b), the words “other than the United Kingdom” were omitted,

• (iii) in paragraph (2)(a), for “another” there were substituted “ an ”,

• (iv) in paragraph (4)(a), for the words “referred to in Article 6(1) of the Directive and” there were substituted “ designated by the EEA State as authorities to be consulted and to ”,

• (v) in paragraph (5)—

• (aa) the words “in accordance with Article 7(4) of the Directive” were omitted,

• (bb) in sub-paragraph (b) the word “other” were omitted,

• (d) in regulation 37 (projects in another EEA State likely to have significant transboundary effects)—

• (i) in the heading, for “another” there were substituted “ an ”,

• (ii) in paragraph (1)—

• (aa) the words “other than the United Kingdom pursuant to Article 7(2) of the Directive” were omitted,

• (bb) the words “, in accordance with Article 7(4) of the Directive” were omitted,

• (cc) in sub-paragraph (b), from “to the competent authority” to the end substitute “ representations to the competent authority in that EEA State ”,

• (e) in regulation 46 (access to review procedure before a court), at the end there were inserted “(and for such purpose Article 11(1)(b) is to be read as if the reference to “a Member State” were a reference to “Scotland”).”,

• (f) in schedule 1 (descriptions of development for the purposes of the definition of “Schedule 1 development”)—

• (i) in paragraph 21, after “pursuant to” there were inserted “ Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented ”,

• (ii) in paragraph 22, for “pursuant to the CCS Directive” there were substituted “ (pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented the CCS Directive) ”,

• (g) in schedule 2 (descriptions of development and applicable thresholds and criteria for the purposes of the definition of “Schedule 2 development”), in item 3(j) in column 1 of the table, for “pursuant to the CCS Directive” there were substituted “ (pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented the CCS Directive) ”,

• (h) in schedule 3 (selection criteria for screening schedule 2 development)—

• (i) paragraph 2(c)(v) were read as if the references to “Member States” were references to “Scotland”,

• (ii) in paragraph 2(c)(vi) for “Community legislation” there were substituted “ assimilated law ”.

• (7) These Regulations (other than this regulation) do not apply in respect of—

• (a) an application for planning permission or a ROMP application to which the 2011 Regulations continue to have effect by virtue of paragraph (2); or

• (b) a request for a screening opinion mentioned in paragraph (4).

• (8) References in any enactment to an environmental statement prepared, or having effect as if prepared, in accordance with the 2011 Regulations are treated as including a reference to an EIA report prepared in accordance with these Regulations.

• (9) The provisions specified in column 1 of the Table in schedule 6 are revoked to the extent specified in column 3 of that Table.

• (10) In this regulation—

• “the 2011 Regulations” means the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011; and

• “environmental statement” has the same meaning as in the 2011 Regulations.

SCHEDULE 1 — DESCRIPTIONS OF DEVELOPMENT FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 1 DEVELOPMENT”

Interpretation

In this Schedule—

• “airport” means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14)[^f00035];

• “express road” means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15th November 1975[^f00036]; and

• “nuclear power station” and “other nuclear reactor” do not include an installation from the site of which all nuclear fuel and other radioactive contaminated materials have been permanently removed; and development for the purpose of dismantling or decommissioning a nuclear power station or other nuclear reactor is to be treated as development of the description mentioned in paragraph 2(2) of this schedule.

Descriptions of development

The carrying out of development to provide any of the following:—

1 Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude‑oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

2 1 Thermal power stations and other combustion installations with a heat output of 300 megawatts or more. 2 Nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

3 1 Installations for the reprocessing of irradiated nuclear fuel. 2 Installations designed— a for the production or enrichment of nuclear fuel; b for the processing of irradiated nuclear fuel or high‑level radioactive waste; c for the final disposal of irradiated nuclear fuel; d solely for the final disposal of radioactive waste; e solely for the storage (planned for more than ten years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

4 1 Integrated works for the initial smelting of cast‑iron and steel. 2 Installations for the production of non‑ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

5 Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos— a for asbestos‑cement products, with an annual production of more than 20,000 tonnes of finished products; b for friction material, with an annual production of more than 50 tonnes of finished products; and c for other uses of asbestos, utilisation of more than 200 tonnes per year.

6 Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are— a for the production of basic organic chemicals; b for the production of basic inorganic chemicals; c for the production of phosphorous–, nitrogen– or potassium‑based fertilisers (simple or compound fertilisers); d for the production of basic plant health products and of biocides; e for the production of basic pharmaceutical products using a chemical or biological process; f for the production of explosives.

7 1 Construction of lines for long‑distance railway traffic and of airports with a basic runway length of 2,100 metres or more. 2 Construction of motorways and express roads. 3 Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road, would be 10 kilometres or more in a continuous length.

8 1 Inland waterways and ports for inland‑waterway traffic which permit the passage of vessels of over 1,350 tonnes. 2 Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

9 Waste disposal installations for the incineration, chemical treatment (as defined in Annex I to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives[^f00037] under heading D9), or landfill of hazardous waste (that is to say, waste which is considered to be hazardous in accordance with Articles 3(2) and 7 of that Directive).

10 Waste disposal installations for the incineration or chemical treatment (as defined in Annex I to Directive 2008/98/EC under heading D9) of non‑hazardous waste with a capacity exceeding 100 tonnes per day.

11 Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.

12 1 Works for the transfer of water resources, other than piped drinking water, between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year. 2 In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the multi‑annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5% of this flow.

13 Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2(6) of Council Directive 91/271/EEC concerning urban waste-water treatment[^f00038].

14 Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas.

15 Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.

16 Pipelines with a diameter of more than 800 millimetres and a length of more than 40 kilometres for the transport of— a gas, oil or chemicals; b carbon dioxide streams for the purposes of geological storage, including associated booster stations.

17 Installations for the intensive rearing of poultry or pigs with more than— a 85,000 places for broilers or 60,000 places for hens; b 3,000 places for production pigs (over 30 kg); or c 900 places for sows.

18 Industrial plants for— a the production of pulp from timber or similar fibrous materials; b the production of paper and board with a production capacity exceeding 200 tonnes per day.

19 Quarries and open‑cast mining where the surface of the site exceeds 25 hectares, or peat extraction where the surface of the site exceeds 150 hectares.

20 Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km.

21 Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more.

22 Storage sites pursuant to the CCS Directive.

23 Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to the CCS Directive from installations referred to in this schedule, or where the total yearly capture of carbon dioxide is 1.5 megatonnes or more.

24 Any change to or extension of development listed in this schedule where such a change or extension in itself meets the thresholds, if any, or description of development set out in this schedule.

SCHEDULE 2 — DESCRIPTIONS OF DEVELOPMENT AND APPLICABLE THRESHOLDS AND CRITERIA FOR THE PURPOSES OF THE DEFINITION OF “SCHEDULE 2 DEVELOPMENT”

1

In the table below—

• “area of the works” includes any area occupied by apparatus, equipment, machinery, materials, plant, spoil heaps or other facilities or stores required for construction or installation;

• “controlled waters” has the same meaning as in section 30A(1) of the Control of Pollution Act 1974 ; and

• “floorspace” means the floorspace in a building or buildings.

2

The table below sets out the descriptions of development and applicable thresholds and criteria for the purposes of classifying development as Schedule 2 development.

SCHEDULE 3 — SELECTION CRITERIA FOR SCREENING SCHEDULE 2 DEVELOPMENT

Characteristics of development

1

The characteristics of development must be considered having regard, in particular, to—

• (a) the size and design of the development;

• (b) cumulation with other existing development and/or approved development;

• (c) the use of natural resources, in particular land, soil, water and biodiversity;

• (d) the production of waste;

• (e) pollution and nuisances;

• (f) the risk of major accidents and/or disasters which are relevant to the project concerned, including those caused by climate change, in accordance with scientific knowledge;

• (g) the risks to human health (for example due to water contamination or air pollution).

Location of development

2

The environmental sensitivity of geographical areas likely to be affected by development must be considered having regard, in particular, to—

• (a) the existing and approved land use;

• (b) the relative abundance, availability, quality and regenerative capacity of natural resources (including soil, land, water and biodiversity) in the area and its underground;

• (c) the absorption capacity of the natural environment, paying particular attention to the following areas—

• (i) wetlands, riparian areas, river mouths;

• (ii) coastal zones and the marine environment;

• (iii) mountain and forest areas;

• (iv) nature reserves and parks;

• (v) european sites and other areas classified or protected under national legislation;

• (vi) areas in which there has already been a failure to meet the environmental quality standards, laid down in assimilated law and relevant to the project, or in which it is considered that there is such a failure;

• (vii) densely populated areas;

• (viii) landscapes and sites of historical, cultural or archaeological significance.

Characteristics of the potential impact

3

The likely significant effects of the development on the environment must be considered in relation to criteria set out in paragraphs 1 and 2 above, with regard to the impact of the development on the factors specified in regulation 4(3), taking into account—

• (a) the magnitude and spatial extent of the impact (for example geographical area and size of the population likely to be affected);

• (b) the nature of the impact;

• (c) the transboundary nature of the impact;

• (d) the intensity and complexity of the impact;

• (e) the probability of the impact;

• (f) the expected onset, duration, frequency and reversibility of the impact;

• (g) the cumulation of the impact with the impact of other existing and/or approved development;

• (h) the possibility of effectively reducing the impact.

SCHEDULE 4 — INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS

1

A description of the development, including in particular:

• (a) a description of the location of the development;

• (b) a description of the physical characteristics of the whole development, including, where relevant, requisite demolition works, and the land-use requirements during the construction and operational phases;

• (c) a description of the main characteristics of the operational phase of the development (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used;

• (d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation) and quantities and types of waste produced during the construction and operation phases.

2

A description of the reasonable alternatives (for example in terms of development design, technology, location, size and scale) studied by the developer, which are relevant to the proposed project and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.

3

A description of the relevant aspects of the current state of the environment (the “baseline scenario”) and an outline of the likely evolution thereof without implementation of the development as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of relevant information and scientific knowledge.

4

A description of the factors specified in regulation 4(3) likely to be significantly affected by the development: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape.

5

A description of the likely significant effects of the development on the environment resulting from, inter alia:

• (a) the construction and existence of the development, including, where relevant, demolition works;

• (b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources;

• (c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste;

• (d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters);

• (e) the cumulation of effects with other existing and/or approved projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources;

• (f) the impact of the project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change;

• (g) the technologies and the substances used.

The description of the likely significant effects on the factors specified in regulation 4(3) should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium- term and long-term, permanent and temporary, positive and negative effects of the development. This description should take into account the environmental protection objectives established at Union “ level (as they had effect immediately before IP completion day) or United Kingdom level ", which are relevant to the project including in particular those established under the law of any part of the United Kingdom that implemented Council Directive 92/43/EEC and Directive 2009/147/EC.

6

A description of the forecasting methods or evidence, used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved.

7

A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-project analysis). That description should explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and should cover both the construction and operational phases.

8

A description of the expected sigFnificant adverse effects of the development on the environment deriving from the vulnerability of the development to risks of major accidents and/or disasters which are relevant to the project concerned. Relevant information available and obtained through risk assessments pursuant to assimilated law such as any law that implemented Directive 2012/18/EU of the European Parliament and of the Council or Council Directive 2009/71/Euratom or relevant assessments may be used for this purpose provided that the requirements of any law that implemented the Directive are met. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.

9

A non-technical summary of the information provided under paragraphs 1 to 8.

10

A reference list detailing the sources used for the descriptions and assessments included in the EIA report.

SCHEDULE 5 — FORM OF NOTICE UNDER REGULATION 20

SCHEDULE 6 — REVOCATIONS

Column (1) Regulations revoked	Column (2) References	Column (3) Extent of Revocations
The European Union (Amendments in respect of the Accession of Croatia) (Scotland) Regulations 2013	S.S.I. 2013/177	Paragraph 21 of schedule 1
The Energy Act 2013 (Office for Nuclear Regulation) (Consequential Amendments, Transitional Provisions and Savings) Order 2014	S.I. 2014/469	Paragraph 202 of schedule 3
Waste (Meaning of Hazardous Waste and European Waste Catalogue) (Miscellaneous Amendments) (Scotland) Regulations 2016	S.S.I. 2015/188	Regulation 9
The Town and Country Planning (Historic Environment Scotland) Amendment Regulations 2015	S.S.I. 2015/237	Regulation 4(1) to (4)
The Town and Country Planning (Miscellaneous Amendments) (Scotland) Regulations 2015	S.S.I. 2015/249	Regulation 5(1) to (10)

Signed

KEVIN STEWART — Authorised to sign by the Scottish Ministers — 2017-03-29

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3), the Legislative and Regulatory Reform Act 2006 (c.51), section 27, and the European Union (Amendment) Act 2008 (c.7), schedule 1, Part 1. The functions conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^f00002]: 1997 c.8. Section 40 was amended by the Water Environment and Water Services (Scotland) Act 2003 (asp 3), section 24(3). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

[^f00003]: OJ L 26, 28.1.2012, p.1 as amended by Directive 2014/52/EU.

[^f00004]: OJ No L 140, 5.6.2009, p.114.

[^f00005]: S.S.I. 2013/155, as amended by S.S.I. 2014/469, S.S.I. 2015/181, S.S.I. 2015/237 and S.S.I. 2015/249.

[^f00006]: OJ L 26, 28.1.2012, p.1 as amended by Directive 2014/52/EU.

[^f00007]: 2000 c.7, as amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).

[^f00008]: Section 26(6) was amended by section 24(2)(a) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3) and section 3(1)(c) of the Planning etc. (Scotland) Act 2006 (asp 17).

[^f00009]: 2010 (asp 5).

[^f00010]: Section 242A was inserted by section 92(1) of the Planning and Compulsory Purchase Act 2004 (c.5) and amended by section 54(13) of the Planning (Scotland) Act 2006 (asp 17).

[^f00011]: Section 36 was amended by the Planning etc. (Scotland) Act 2006 (asp 17), section 12, by S.S.I. 2007/268 and by S.S.I. 2009/256.

[^f00012]: 2004 asp 6.

[^f00013]: S.I. 1994/2716 relevantly amended by S.S.I. 2004/475, S.S.I. 2007/80 and S.S.I. 2015/249.

[^f00014]: See Command Paper 9424.

[^f00015]: 1979 c.46.

[^f00016]: Section 263A was inserted by section 50 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^f00017]: 2000 asp 10.

[^f00018]: 2004 asp 6. Section 58(1) was relevantly amended by section 37(4)(a) of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6).

[^f00019]: Section 43A was inserted by section 17 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^f00020]: OJ L 206, 22.7.1992, p.7.

[^f00021]: OJ L 20, 26.1.2010, p.7.

[^f00022]: S.S.I. 2004/520.

[^f00023]: S.I. 2004/3391.

[^f00024]: Section 75 was inserted by section 23 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^f00025]: Section 242A was inserted into the Town and Country Planning (Scotland) Act 1997 (c.8) by section 92(1) of the Planning and Compulsory Purchase Act 2004 (c.5) and amended by section 54(13) of the Planning etc. (Scotland) Act 2006 (asp 17).

[^f00026]: 2003 asp 15.

[^f00027]: 1971 c.80.

[^f00028]: Section 239 was amended by section 19(4) of the Planning etc. (Scotland) Act 2006 (asp 17).

[^f00029]: S.I. 1994/2716 as relevantly amended by S.S.I. 2007/80 and S.I. 2007/1843.

[^f00030]: S.I. 1992/223 as relevantly amended by S.S.I. 1999/1 and S.S.I. 2011/139.

[^f00031]: S.S.I. 2013/155.

[^f00032]: S.S.I. 2013/156 as amended by S.S.I. 2015/233 and S.S.I. 2015/249.

[^f00033]: S.S.I. 2011/139.

[^f00034]: S.S.I. 2013/157 as amended by S.S.I. 2015/249.

[^f00035]: Command Paper 6614.

[^f00036]: Command Paper 6993.

[^f00037]: OJ No L 312, 22.11.2008, p.3.

[^f00038]: OJ No L 135, 30.5.1991, p.40, last amended by Regulation (EC) No. 1137/2008 (OJ No L 311, 21.11.2008, p.1).

[^f00039]: Section 30A was inserted by the Water Act 1989 (c.15), Schedule 23, paragraph 4 and amended by the Environment Act 1995 (c.25), Schedule 22, paragraph 29(2), and Schedule 4.

[^f00040]: 1989 c.29.

[^f00041]: 1993 c.12.

Interpretation

In this Schedule—

• “airport” means an airport which complies with the definition in the 1944 Chicago Convention setting up the International Civil Aviation Organisation (Annex 14) ;

• “express road” means a road which complies with the definition in the European Agreement on Main International Traffic Arteries of 15th November 1975 ; and

• “nuclear power station” and “other nuclear reactor” do not include an installation from the site of which all nuclear fuel and other radioactive contaminated materials have been permanently removed; and development for the purpose of dismantling or decommissioning a nuclear power station or other nuclear reactor is to be treated as development of the description mentioned in paragraph 2(2) of this schedule.

Descriptions of development

The carrying out of development to provide any of the following:—

1

Crude-oil refineries (excluding undertakings manufacturing only lubricants from crude‑oil) and installations for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

2

• (1) Thermal power stations and other combustion installations with a heat output of 300 megawatts or more.

• (2) Nuclear power stations and other nuclear reactors (except research installations for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

3

• (1) Installations for the reprocessing of irradiated nuclear fuel.

• (2) Installations designed—

• (a) for the production or enrichment of nuclear fuel;

• (b) for the processing of irradiated nuclear fuel or high‑level radioactive waste;

• (c) for the final disposal of irradiated nuclear fuel;

• (d) solely for the final disposal of radioactive waste;

• (e) solely for the storage (planned for more than ten years) of irradiated nuclear fuels or radioactive waste in a different site than the production site.

4

• (1) Integrated works for the initial smelting of cast‑iron and steel.

• (2) Installations for the production of non‑ferrous crude metals from ore, concentrates or secondary raw materials by metallurgical, chemical or electrolytic processes.

5

Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos—

• (a) for asbestos‑cement products, with an annual production of more than 20,000 tonnes of finished products;

• (b) for friction material, with an annual production of more than 50 tonnes of finished products; and

• (c) for other uses of asbestos, utilisation of more than 200 tonnes per year.

6

Integrated chemical installations, that is to say, installations for the manufacture on an industrial scale of substances using chemical conversion processes, in which several units are juxtaposed and are functionally linked to one another and which are—

• (a) for the production of basic organic chemicals;

• (b) for the production of basic inorganic chemicals;

• (c) for the production of phosphorous–, nitrogen– or potassium‑based fertilisers (simple or compound fertilisers);

• (d) for the production of basic plant health products and of biocides;

• (e) for the production of basic pharmaceutical products using a chemical or biological process;

• (f) for the production of explosives.

7

• (1) Construction of lines for long‑distance railway traffic and of airports with a basic runway length of 2,100 metres or more.

• (2) Construction of motorways and express roads.

• (3) Construction of a new road of four or more lanes, or realignment and/or widening of an existing road of two lanes or less so as to provide four or more lanes, where such new road, or realigned and/or widened section of road, would be 10 kilometres or more in a continuous length.

8

• (1) Inland waterways and ports for inland‑waterway traffic which permit the passage of vessels of over 1,350 tonnes.

• (2) Trading ports, piers for loading and unloading connected to land and outside ports (excluding ferry piers) which can take vessels of over 1,350 tonnes.

9

Waste disposal installations for the incineration, chemical treatment (as defined in Annex I to Directive 2008/98/EC of the European Parliament and of the Council on waste and repealing certain Directives , as that Directive had effect immediately before IP completion day, under heading D9), or landfill of hazardous waste (that is to say, waste which is considered to be hazardous in accordance with Articles 3(2) and 7 of that Directive , as it had effect immediately before IP completion day).

10

Waste disposal installations for the incineration or chemical treatment (as defined in Annex I to Directive 2008/98/EC , as that Directive had effect immediately before IP completion day, under heading D9) of non‑hazardous waste with a capacity exceeding 100 tonnes per day.

11

Groundwater abstraction or artificial groundwater recharge schemes where the annual volume of water abstracted or recharged is equivalent to or exceeds 10 million cubic metres.

12

• (1) Works for the transfer of water resources, other than piped drinking water, between river basins where the transfer aims at preventing possible shortages of water and where the amount of water transferred exceeds 100 million cubic metres per year.

• (2) In all other cases, works for the transfer of water resources, other than piped drinking water, between river basins where the multi‑annual average flow of the basin of abstraction exceeds 2,000 million cubic metres per year and where the amount of water transferred exceeds 5% of this flow.

13

Waste water treatment plants with a capacity exceeding 150,000 population equivalent as defined in Article 2(6) of Council Directive 91/271/EEC concerning urban waste-water treatment , as that Directive had effect immediately before IP completion day .

14

Extraction of petroleum and natural gas for commercial purposes where the amount extracted exceeds 500 tonnes per day in the case of petroleum and 500,000 cubic metres per day in the case of gas.

15

Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres.

16

Pipelines with a diameter of more than 800 millimetres and a length of more than 40 kilometres for the transport of—

• (a) gas, oil or chemicals;

• (b) carbon dioxide streams for the purposes of geological storage, including associated booster stations.

17

Installations for the intensive rearing of poultry or pigs with more than—

• (a) 85,000 places for broilers or 60,000 places for hens;

• (b) 3,000 places for production pigs (over 30 kg); or

• (c) 900 places for sows.

18

Industrial plants for—

• (a) the production of pulp from timber or similar fibrous materials;

• (b) the production of paper and board with a production capacity exceeding 200 tonnes per day.

19

Quarries and open‑cast mining where the surface of the site exceeds 25 hectares, or peat extraction where the surface of the site exceeds 150 hectares.

20

Construction of overhead electrical power lines with a voltage of 220 kV or more and a length of more than 15 km.

21

Installations for storage of petroleum, petrochemical or chemical products with a capacity of 200,000 tonnes or more.

22

Storage sites pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented the CCS Directive.

23

Installations for the capture of carbon dioxide streams for the purposes of geological storage pursuant to the CCS Directive (pursuant to Chapter 3 of Part 1 of the Energy Act 2008 and any law of any part of the United Kingdom that implemented the CCS Directive) from installations referred to in this schedule, or where the total yearly capture of carbon dioxide is 1.5 megatonnes or more.

24

Any change to or extension of development listed in this schedule where such a change or extension in itself meets the thresholds, if any, or description of development set out in this schedule.

Editorial notes

[^c23241211]: 1972 c.68. Section 2(2) was amended by the Scotland Act 1998 (c.46), Schedule 8, paragraph 15(3), the Legislative and Regulatory Reform Act 2006 (c.51), section 27, and the European Union (Amendment) Act 2008 (c.7), schedule 1, Part 1. The functions conferred upon the Minister of the Crown under section 2(2) of the European Communities Act 1972, insofar as exercisable within devolved competence, were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).

[^c23241221]: 1997 c.8. Section 40 was amended by the Water Environment and Water Services (Scotland) Act 2003 (asp 3), section 24(3). The functions of the Secretary of State were transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998.

[^c23241231]: OJ L 26, 28.1.2012, p.1 as amended by Directive 2014/52/EU.

[^c23241241]: OJ No L 140, 5.6.2009, p.114.

[^c23241251]: S.S.I. 2013/155, as amended by S.S.I. 2014/469, S.S.I. 2015/181, S.S.I. 2015/237 and S.S.I. 2015/249.

[^c23241261]: OJ L 26, 28.1.2012, p.1 as amended by Directive 2014/52/EU.

[^c23241271]: 2000 c.7, as amended by paragraph 158 of Schedule 17 to the Communications Act 2003 (c.21).

[^c23241281]: Section 26(6) was amended by section 24(2)(a) of the Water Environment and Water Services (Scotland) Act 2003 (asp 3) and section 3(1)(c) of the Planning etc. (Scotland) Act 2006 (asp 17).

[^c23241291]: 2010 (asp 5).

[^c23241301]: Section 242A was inserted by section 92(1) of the Planning and Compulsory Purchase Act 2004 (c.5) and amended by section 54(13) of the Planning (Scotland) Act 2006 (asp 17).

[^c23241311]: Section 36 was amended by the Planning etc. (Scotland) Act 2006 (asp 17), section 12, by S.S.I. 2007/268 and by S.S.I. 2009/256.

[^c23241321]: 2004 asp 6.

[^c23241331]: S.I. 1994/2716 relevantly amended by S.S.I. 2004/475, S.S.I. 2007/80 and S.S.I. 2015/249.

[^c23241341]: See Command Paper 9424.

[^c23241351]: 1979 c.46.

[^c23241361]: Section 263A was inserted by section 50 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^c23241371]: 2000 asp 10.

[^c23241381]: 2004 asp 6. Section 58(1) was relevantly amended by section 37(4)(a) of the Wildlife and Natural Environment (Scotland) Act 2011 (asp 6).

[^c23241391]: Section 43A was inserted by section 17 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^c23241401]: OJ L 206, 22.7.1992, p.7.

[^c23241411]: OJ L 20, 26.1.2010, p.7.

[^c23241421]: S.S.I. 2004/520.

[^c23241431]: S.I. 2004/3391.

[^c23241441]: Section 75 was inserted by section 23 of the Planning etc. (Scotland) Act 2006 (asp 17).

[^c23241451]: Section 242A was inserted into the Town and Country Planning (Scotland) Act 1997 (c.8) by section 92(1) of the Planning and Compulsory Purchase Act 2004 (c.5) and amended by section 54(13) of the Planning etc. (Scotland) Act 2006 (asp 17).

[^c23241461]: 2003 asp 15.

[^c23241471]: 1971 c.80.

[^c23241481]: Section 239 was amended by section 19(4) of the Planning etc. (Scotland) Act 2006 (asp 17).

[^c23241491]: S.I. 1994/2716 as relevantly amended by S.S.I. 2007/80 and S.I. 2007/1843.

[^c23241501]: S.I. 1992/223 as relevantly amended by S.S.I. 1999/1 and S.S.I. 2011/139.

[^c23241511]: S.S.I. 2013/155.