New Regulations Update - Environmental Impact Assessment (EIA)

On 1 June new Regulations on environmental impact assessment came into force in Scotland in the form of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011.

Background

The intention of these Regulations is to consolidate the previous EIA regime and to make the EIA legislation more accessible. The new Regulations take into account the latest case law, principally R. (on the application of Baker) v Bath and North East Somerset Council [2009]. In this case the Court considered whether the English EIA regulations adequately transpose the EIA Directive in relation to a change or extension of an existing project, and also whether they adequately enshrine the rights of the public to request an EIA for a proposed development. This was an English case but as it interpreted the underlying EU Directive, it had potential implications for Scotland.

The Changes

The main changes to the EIA regime as a result of the 2011 Regulations are as follows:

Guidance on the 2011 Regulations was published on 1st June by the Scottish Government in the form of Planning Circular 3/2011.

Beware!

For a change or extension to existing Schedule 1 or 2 developments, it is now crucial to look at the cumulative effects of the change or extension when taken together with the existing development. If the cumulative effects of those changes and the existing development are likely to have a significant adverse effect on the environment, then a new EIA should be prepared or a previous EIA updated. A screening opinion can be obtained from the planning authority if there is any doubt about whether an EIA is required.

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