The Town and Country Planning (Miscellaneous Temporary Modifications) (Coronavirus) (Scotland) Regulations 2020
Commencement: 24th April 2020
Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013
Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017
Changes to Pre-Application Consultation (PAC)* procedures are made as a result of the Coronavirus (COVID-19) emergency. The following requirements for PAC procedures are suspended from 24th April 2020 until 30th September 2020:
- the requirement for a public event;
- the requirement to give details of the event in a newspaper notice; and
- the requirement to publish notice in a newspaper at least 7 days in advance of the public event.
The removal of such requirements will apply to cases where the proposal of application notice (PAN)** was served between 24th April 2020 and 30th September 2020.
The exemption from holding a public event is only valid if the application for planning permission is made during 24th April to 30th September 2020, or within 6 months at the end of that period.
If a PAN is served after the 30th September 2020, then a public event will be required before an application can be made.
*A PAC is a public engagement with the community on proposed planning applications. This has the potential to improve both the efficiency and effectiveness of planning applications. A written report of the proposed application is required to be prepared in accordance with Section 35B of the Town and Country Planning (Scotland) Act 1997.
**A PAN is a notice detailing the type of consultation process the applicant will undertake including when and with whom (usually with local communities). The notice is placed on the local authority planning register and typically includes:
- a full description of the development;
- the postal address of the site (if one is available);
- a plan showing the outline of the site where the development is to be carried out; and
- contact details for the prospective applicant.
The requirement for applicants to present physical copies of an Environmental Impact Assessment* (EIA) report for inspection by the public is suspended from 24th April 2020 until 30th September 2020. This has been brought in due to the Coronavirus (COVID-19) pandemic.
Information contained in the EIA will be available online during the time frame stated above. Anyone who wishes to view the EIA report will be able to access it online where it will be published by Scottish Ministers or the planning authority.
*An EIA evaluates the likely significant environmental impacts of a proposed development.
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