The Environmental Impact Assessment (Scotland)
These new Regulations require planning authorities to consider whether Environmental Impact Assessment (EIA) is needed before they determine an application for approval of reserved matters.
The underlying European Directive, 85/337/EEC as amended (the Directive), aims to ensure that an authority giving the primary consent for a particular project makes its decision in the full knowledge of any likely significant effects on the environment. Hitherto, Scots law has provided that EIA may be required before the grant of a full or outline planning permission but not during the consideration of reserved matters.
The ECJ (European Court of Justice) has ruled in two separate cases that outline planning permission and the decision that subsequently gives approval of reserved matters must now be considered to constitute a ‘multi-stage development consent’ within the meaning of Article 1.2 of the Directive.
Following those rulings the Scottish Government issued interim guidance to planning authorities advising them to satisfy themselves that they had met the requirements of the Directive and of the rulings. The new Regulations put this guidance on to a statutory footing, through amendments to The Environmental Impact Assessment (Scotland) Regulations 1999 (SSI 1999/1), as amended.
FOR FURTHER INFORMATION PLEASE CONTACT: JUNE GILLES
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