The Environmental Assessment (Scotland) Regulations 1988

Time periods for authority’s decision on planning application

20.—(1) For the purpose of calculating the period of time which elapses before the planning authority give notice to the applicant of their decision on an application for planning permission under article 10(5) of the general development order, no account shall be taken of any period falling between the date of receipt of the application and the occurrence of such of the events specified in paragraph (2) as may be applicable to the case.

(2) The events mentioned in paragraph (1) are—

(a)the giving by the Secretary of State of a direction that consideration of environmental information is not required before planning permission could be granted for the proposed development;

(b)the receipt by the planning authority of an environmental statement relating to the application and the certificate required by regulation 16(3) to accompany it.

(3) Where a planning authority in determining an application for planning permission take into consideration environmental information relating to that application, article 10 of the general development order shall have effect as if—

(a)there were substituted for the reference in paragraph (5) thereof to a period of two months, a reference to a period of 4 months;

(b)there were substituted for the reference in paragraph (3) thereof to a period of 14 days, a reference to a period of 28 days; and

(c)in paragraph 3(b) thereof there were a reference to whichever of the following dates is later—

(i)the date on which a notice in accordance with article 7(5)

of the general development order was published by the planning authority, or

(ii)the date on which a notice in accordance with regulation 16(4)

was published.

(4) In the application of section 34(1) to an application to which regulation 6 applies, the reference to such period as may be prescribed by the general development order shall be taken to mean such period as may be prescribed by the general development order when read with these Regulations.