Planning - unauthorised EIA development - time limits for enforcement action: consultation

Annex A: Draft SSI (Scottish Statutory Instrument)

Scottish Statutory Instruments

2024 No. [ ]

Town and Country Planning

The Town and Country Planning (Environmental Impact Assessment) (Scotland) Amendment Regulations 2024

Made 2024

Coming into force 2024

The Scottish Ministers make the following Regulations in exercise of the powers conferred on them by section 1(1) of UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021([a]) and all other powers enabling them to do so([b]).

In accordance with section 5(2) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1. —(1) These Regulations may be cited as the Town and Country Planning (Environmental Impact Assessment) (Scotland) Amendment Regulations 2024 and come into force on [ ] 2024.

(2) In these Regulations, the “2017 Regulations” means the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017(c).

Amendment of the 2017 Regulations

2. —(1) Subject to regulation 3, the 2017 Regulations amended in accordance with paragraph (2).

(2) After regulation 49 (extension of the period for an authority’s decision on a planning application) insert— “Time Limits for enforcement

49A.—(1) Section 124 does not apply to a breach of planning control consisting of the carrying out without planning permission of Schedule 1 development.

(2) Section 124 only applies to a breach of planning control consisting of the carrying out without planning permission of Schedule 2 development if—

(a) the planning authority have adopted a screening opinion that the development is not EIA development,

(b) the Scottish Ministers have made a screening direction that the development is not EIA development, or

(c) the Scottish Ministers have given a direction under regulation 6(4) or (6) that the development is exempted from the application of these Regulations.”.

Saving provisions

3. The amendment made by regulation 2 does not alter the application of section 124 to a breach of planning control in respect of which no enforcement action may be taken on the date of coming into force of these Regulations.

Authorised to sign by the Scottish Ministers

St Andrew’s House,
Edinburgh [ ] 2024

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 (“the 2017 Regulations”) to implement partially Directive (EU) 2011/92/EU of the European Parliament and of the Council on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p.1), as amended by Council Directive 2014/52/EU (OJ L 73, 14.3.1997, p.5).

Regulation 2 amends the 2017 Regulations to insert new regulation 49A which modifies the effect of section 124 of the Town and Country Planning (Scotland) Act 1997 as it applies to EIA development.

[A Business Regulatory Impact Assessment has been prepared for these Regulations. A copy of this may be obtained from the Scottish Government, Victoria Quay, Leith, Edinburgh EH6 6QQ and online at www.legislation.gov.uk.]

([a]) 2021 asp 4.

([b]) The powers to make these Regulations are exercised together by virtue of section 33(2) of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10). These Regulations are subject to the affirmative procedure by virtue of section 33(3) of that Act.

([c]) S.S.I. 2017/102.