Planning Circular 1/2017: Environmental Impact Assessment regulations

Transitional Measures

179. The 2017 Regulations enter into force on 16th May 2017. Regulation 60 of the 2017 Regulations revokes the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 but the 2011 Regulations will nevertheless continue to apply in the following circumstances:

• Where a developer has submitted, before 16th May 2017, an 'Environmental Statement' in connection with an application for planning permission, the 2011 Regulations continue to apply to that application.
• Where a developer who is minded to make an EIA application requests a scoping opinion in respect of the proposed development under Regulation 14(1) of the 2011 Regulations before 16th May 2017, the 2011 Regulations continue to apply to an application for planning permission subsequently submitted for that same proposed development for which the scoping opinion was sought.
• Where before 16 May 2017 an applicant asks the Scottish Ministers under Regulation 11(3) of the 2011 Regulations, to make a scoping direction in connection with an application for planning permission referred to the Scottish Ministers without an Environmental Statement, the 2011 Regulations apply to the determination of the application.
• Where in connection with an appeal relating to the grant of planning permission an appellant asks the Scottish Ministers to make a scoping direction under Regulation 12(2) of the 2011 Regulations before 16th May 2017, the 2011 Regulations apply to the determination of that appeal.

Applications for multi-stage consent

180. Where an application for multi-stage consent is made and an EIA Report (or 'Environmental Statement') was previously submitted in connection with the development before 16 ^th May 2017, the 2017 Regulations apply with certain modifications. In such cases any assessment, under Regulation 33(2)(a), as to whether there may be significant effects on the environment not previously identified or assessed is to be made with reference to Schedule 4 of 2011 Regulations. Similarly, the consideration in such cases of whether any supplementary information is to be required or any additional information submitted is to be made with reference to Schedule 4 of the 2011 Regulations.

Screening

181. The policy intention of the transitional arrangements is to provide certainty and continuity for developers regarding the criteria to be applied in determining whether or not EIA is required. To achieve this, Parts 1 and 2 and Schedules 1, 2 and 3 of the 2011 Regulations continue to apply in the following circumstances:

• Where a person who is minded to carry out development requests a screening opinion before 16th May 2017 under Regulation 6(1) of the 2011 Regulations.
• Where, following a request to the planning authority under Regulation 6(1) made before the 16th May 2017, a developer subsequently asks the Scottish Ministers for a screening direction under Regulation 6(6).
• The 2017 Regulations provide that Scottish Ministers may, under Regulation 7(4), make a screening direction either at their own volition or where requested to do so in writing by any person. To provide continuity for developers, where any screening direction is subsequently issued by the Scottish Ministers under Regulation 7(4) for a development for which a request for a screening opinion was previously made under Regulation 6(1) before 16th May 2017, the screening criteria to be applied in making the subsequent screening direction are those contained in Schedule 3 of the 2011 Regulations.

Where schedule 3 of the 2011 Regulations are applied in connection with the screening opinion or direction, the 2017 Regulations will apply to any subsequent EIA application or appeal except in the circumstances described in paragraphs 179 and 180 above.