The 'go to' organisation for Local Government improvement in Scotland

Supplementary information which the planning authority may require the applicant to submit in connection with a previously submitted EIA Report; and any other information of a substantive nature relating to the EIA Report, which the applicant has submitted voluntarily.

Note: This term is formally defined within Regulation 2 of the T&CP EIA Regulations (Scotland) 2017 as amended.

The consultation bodies are required to be consulted / communicated with by planning officers at various points during the EIA process.

The consultation bodies are:

• any adjoining planning authority, where the development is likely to affect land in their area;
• Scottish Natural Heritage also known as NatureScot
• Scottish Water
• The Scottish Environment Protection Agency
• The Scottish Ministers including Historic Scotland
• Other bodies designated by statutory provision as having specific environmental responsibilities and which the planning authority or Scottish Ministers consider are likely to have an interest in the application.

Note: This term is formally defined within Regulation 2 of the T&CP EIA Regulations (Scotland) 2017 as amended.

This term identifies that a proposed development is considered likely to have significant effects on the environment and must therefore undertake and complete an EIA – across the developer and planning authority – before the consent decision is determined (i.e. to ensure the authority has removed the EIA regulations prohibition to grant consent).

EIA development includes: any proposal that is a schedule 1 development; any development that is a schedule 2 development and has been found to require EIA as a result of a planning authority screening opinion or a scoping direction from the Scottish Ministers; or any schedule 2 development where the developer ‘voluntarily’ submits an EIA Report alongside their application.

Note: This term is formally defined within Regulation 2 of the T&CP EIA Regulations (Scotland) 2017 as amended.

See also Schedule 1 Development, Schedule 2 Development and Screening.

A document, or documents, which sets out the developer's assessment of the likely effects of the project on the environment, including mitigation measures, and which is submitted in conjunction with an application for planning permission.

Note: This term is formally defined within Regulation 5 of the T&CP EIA Regulations (Scotland) 2017 as amended.

See also Non-Technical Summary and Additional Information.

A process which identifies the environmental effects (both negative and positive) of development proposals.

Note: The term is formally defined within Regulation 4 of the T&CP EIA Regulations (Scotland) 2017 as amended.

This is a formal term within the EIA process and refer to the material the planning authority must examine to enable them to draw their own reasoned significance conclusion on a proposed development’s effects on the environment. The scope of this material includes information from the developer (including the EIA Report), consultation responses (/ representations), supplementary information and other additional information voluntarily submitted by the developer.

Note: This term is formally defined within Regulation 2 of the T&CP EIA Regulations (Scotland) 2017 as amended.

The term used to describe the work planning officers undertake in considering the environmental information to enable them to make the planning authority’s reasoned conclusion on the significant effects of the proposed development on the environment. The term infers the planning officer/s are not merely reviewing the environmental information but applying their professional judgement across the evidence to conduct their examination.

A short, summary document setting out the main findings of the EIA Report in accessible, plain English.

An approach to environmental assessment which aims to take account of the need for flexibility in the future evolution of the detailed project proposal. The approach is named after two court rulings concerning outline planning applications for a proposed business park in Rochdale.

Development of a description mentioned in Schedule 1 of the EIA Regulations which always requires EIA.

Note: This term is formally defined within Regulation 2 of the T&CP EIA Regulations (Scotland) 2017 as amended.

Development of a type listed in schedule 2 to the EIA Regulations which;

1. meets any relevant criteria and exceeds any relevant thresholds in the second column of schedule 2; or
2. is located wholly or in part in a 'sensitive area' as defined by the EIA regulations.

Schedule 2 development requires case by case screening to determine whether an EIA is required.

Note: This term is formally defined within Regulation 2 of the T&CP EIA Regulations (Scotland) 2017 as amended.

The Scottish Ministers formal view on the information to be supplied in the EIA Report. Such a direction can be requested by a developer but only if the planning authority has failed to produce a duly requested scoping opinion within 35 days (/ longer period as agreed between the planning authority and the developer. The Scottish Ministers also have retained powers enabling them to make such a direction at their own volition.

Note: This term is formally defined within Regulation 2 of the T&CP EIA Regulations (Scotland) 2017 as amended.

The planning authority's formal opinion on the information to be supplied in the EIA Report.

Note: This term is formally defined within Regulation 2 of the T&CP EIA Regulations (Scotland) 2017 as amended.

A formal request that a developer may make to a planning authority in order to receive a scoping opinion that will help define the scope and level of detail of their EIA Report. Note: such developer requests are voluntary, but the resultant requirement for an authority to produce a scoping opinion involves mandatory duties.

In its broadest sense this is the process that determines whether a proposed development must undertake EIA as part of the requirements before consent can be granted. In terms of planning authority activity it is used in a more restrictive sense to mean the production of a screening opinion (by a planning authority) or screening direction (by the Scottish Ministers) that determines whether a schedule 2 development is considered to be EIA development – and thus requires EIA - or can progress as a standard application.

See the NPH EIA sub-page on EIA Screening for further details and resources.

The Scottish Ministers formal determination as to whether development is, or is not, EIA development. Such a direction is determinative and therefore supersedes any previous screening opinion issued in relation to a development proposal.

Note: This term is formally defined within Regulation 2 of the T&CP EIA Regulations (Scotland) 2017 as amended.

The planning authority's formal determination of whether or not EIA is required for a 'schedule 2 development'.

Note: This term is formally defined within Regulation 2 of the T&CP EIA Regulations (Scotland) 2017 as amended.

• Negative Screening Opinion* - A screening opinion issued to the effect that EIA is not required.
• Positive Screening Opinion - A screening opinion issued that determines that an EIA is required for the proposed development.

A pre-application request from a developer to a planning authority, which asks the authority to formally determine whether a schedule 2 development is / is not likely to have significant effects on the environment, and thus whether EIA is / is not required.

A term defined in the EIA regulations, which is used as part of the formal process of defining whether a development proposal is a Schedule 2 Development or not. A development of a description listed in column 1 of schedule 2 where any part of the proposal is within a sensitive area will require screening. The following are all sensitive areas within the regulatory definition:

• a site of special scientific interest
• land in respect of which an order has been made under section 23 (nature conservation orders) of the Nature Conservation (Scotland) Act 2004
• European site, within the meaning of regulation 10 of the Conservation (Natural Habitats, &c.) Regulations 1994
• property appearing in the World Heritage List, kept under article 11(2) of the 1972 UNESCO Convention concerning the Protection of the World Cultural and Natural Heritage
• scheduled monument, within the meaning of the Ancient Monuments and Archaeological Areas Act 1979
• National Scenic Area, as designated by a direction made by the Scottish Ministers under section 263A
• area designated as a National Park by a designation order made by the Scottish Ministers under section 6(1) (making of designation orders) of the National Parks (Scotland) Act 2000
• marine protected area;

Note: This term is formally defined within Regulation 2 of the T&CP EIA Regulations (Scotland) 2017 as amended.

This is a formal term that relates to extra information a planning authority has the ability to request from a developer after their EIA Report has been submitted. The extra information should be directly relevant to the planning authority reaching its reasoned conclusion on the significant effects of the development on the environment.

Note: This term is formally defined within Regulation 2 -via cross reference to Regulation 26 - of the T&CP EIA Regulations (Scotland) 2017 as amended.