The Environmental Assessment (Scotland) Regulations 1988

Regulations 4, 5, 7, 8, 34 and 47

SCHEDULE 1DESCRIPTIONS OF DEVELOPMENT

1.  A crude-oil refinery (excluding an undertaking manufacturing only lubricants from crude-oil) or an installation for the gasification and liquefaction of 500 tonnes or more of coal or bituminous shale per day.

2.  A thermal power station or other combustion installation with a heat output of 300 megawatts or more and a nuclear power station and other nuclear reactor (except a research installation for the production and conversion of fissionable and fertile materials, whose maximum power does not exceed 1 kilowatt continuous thermal load).

3.  An installation designed solely for the permanent storage or final disposal of radioactive waste.

4.  An integrated works for the initial melting of cast-iron and steel.

5.  An installation for the extraction of asbestos or for the processing and transformation of asbestos or products containing asbestos—

(a)where the installation produces asbestos-cement products, with an annual production of more than 20,000 tonnes of finished products; or

(b)where the installation produces friction material, with an annual production of more than 50 tonnes of finished products; or

(c)in other cases, where the installation will utilise more than 200 tonnes of asbestos per year.

6.  An integrated chemical installation, that is to say an industrial installation or group of installations where two or more linked chemical or physical processes are employed for the manufacture of olefins from petroleum products, or of sulphuric acid, nitric acid, hydrofluoric acid, chlorine or fluorine.

7.  A special road, a line for long-distance railway traffic or an aerodrome with a basic runway length of 2,100 m or more.

8.  A trading port, an inland waterway which permits the passage of vessels of over 1,350 tonnes or a port for inland waterway traffic capable of handling such vessels.

9.—(1) A waste-disposal installation for the incineration or chemical treatment of special waste.

(2) The carrying out of operations whereby land is filled with special waste or the change of use of land (where a material change) to use for the deposit of such waste.

Regulations 4, 5, 7, 8, 34 and 47

SCHEDULE 2DESCRIPTIONS OF DEVELOPMENTDevelopment for any of the following purposes:

Agriculture

1.—(a) Water-management for agriculture;

(b)poultry-rearing;

(c)pig-rearing;

(d)a salmon hatchery;

(e)an installation for the rearing of salmon; and

(f)the reclamation of land from the sea.

Extractive industry

2.—(a) Extracting peat;

(b)deep drilling, including—

(i)geothermal drilling;

(ii)drilling for the storage of nuclear waste material; and

(iii)drilling for water supplies;

but excluding drilling to investigate the stability of the soil;

(c)extracting minerals (other than metalliferous and energy-producing minerals), such as marble, sand, gravel, shale, salt, phosphates and potash;

(d)extracting coal or lignite by underground or open-cast mining;

(e)extracting petroleum;

(f)extracting natural gas;

(g)extracting ores;

(h)extracting bituminous shale;

(i)extracting minerals (other than metalliferous and energy-producing minerals) by open-cast mining;

(j)a surface industrial installation for the extraction of coal, petroleum, natural gas or ores, or bituminous shale;

(k)a coke oven (dry coal distillation); and

(l)an installation for the manufacture of cement.

Energy industry

3.—(a) An industrial installation for the production of electricity together with steam or hot water, not being an installation falling within Schedule 1;

(b)an industrial installation for carrying gas, steam or hot water;

(c)the transmission of electrical energy by over-head cables;

(d)the surface storage of natural gas;

(e)the underground storage of combustible gases;

(f)the surface storage of fossil fuels;

(g)the industrial briquetting of coal and lignite;

(h)an installation or the production or enrichment of nuclear fuels;

(i)an installation for the reprocessing of irradiated nuclear fuels;

(j)an installation for the collection or processing of radioactive waste, not being an installation falling within Schedule 1; and

(k)an installation for hydroelectric energy production.

Processing of metals

4.—(a) An ironwork or steelworks, including a foundry, forge, drawing plant or rolling mill (not being a works falling within Schedule 1);

(b)an installation for the production (including smelting, refining, drawing or rolling) of non-ferrous metals, other than precious metals;

(c)the pressing, drawing or stamping of large castings;

(d)the surface treatment or coating of metals;

(e)boilermaking or manufacturing of reservoirs, tanks and other sheet-metal containers;

(f)manufacturing or assembling of motor vehicles or manufacturing of motor-vehicle engines;

(g)a shipyard;

(h)an installation for the construction or repair of aircraft;

(i)the manufacture of railway equipment;

(j)swaging by explosives; and

(k)an installation for the roasting or sintering of metallic ores.

Glass making

5.  The manufacture of glass.

Chemical industry

6.—(a) The treatment of intermediate products and production of chemicals, other than development falling within Schedule 1;

(b)the production of pesticides or pharmaceutical products, paint or varnishes, elastomers or peroxides; and

(c)the storage of petroleum or petrochemical or chemical products.

Food industry

7.—(a) The manufacture of vegetable or animal oils or fats;

(b)the packing or canning of animal or vegetable products;

(c)the manufacture of dairy products;

(d)brewing or malting;

(e)confectionery or syrup manufacture;

(f)an installation for the slaughter of animals;

(g)an industrial starch manufacturing installation;

(h)a fish-meal or fish-oil factory; and

(i)a sugar factory.

Textile, leather, wood and paper industries

8.—(a) A wool scouring, degreasing and bleaching factory;

(b)the manufacture of fibre board, particle board or plywood;

(c)the manufacture of pulp, paper or board;

(d)a fibre-dyeing factory;

(e)a cellulose-processing or production installation; and

(f)a tannery or a leather dressing factory.

Rubber industry

9.  The manufacture and treatment of elastomer-based products.

Infrastructure projects

10.—(a) An industrial estate development project;

(b)an urban development project;

(c)a ski-lift or cable-car;

(d)the construction of a road, or a harbour including a fishing harbour, or an aerodrome, not being development falling within Schedule 1;

(e)canalisation or flood-relief works;

(f)a dam and other installation designed to hold water or store it on a long-term basis;

(g)a tramway, elevated or underground railway, suspended line or similar line exclusively or mainly for passenger transport;

(h)an oil or gas pipeline installation;

(i)a long-distance aqueduct; and

(j)a yacht marina.

Other projects

11.—(a) A holiday village or hotel complex;

(b)a permanent racing or test track for cars or motor cycles;

(c)an installation for the disposal of controlled waste or waste from mines and quarries, not being an installation falling within Schedule 1;

(d)a waste water treatment plant;

(e)a site for depositing sludge;

(f)the storage of scrap iron;

(g)a test bench for engines, turbines or reactors;

(h)the manufacture of artificial mineral fibres;

(i)the manufacture, packing, loading or placing in cartridges of gunpowder or other explosives; and

(j)a knacker’s yard.

12.  The modification of a development which has been carried out where that development is within a description mentioned in Schedule 1.

13.  Development within a description mentioned in Schedule 1, where it is exclusively or mainly for the development and testing of new methods or products and will not be permitted for longer than one year.

Regulations 2, 22, 43 54 and 68

SCHEDULE 3ENVIRONMENTAL STATEMENTS

1.  An environmental statement comprises a document or series of documents prepared by the applicant providing, for the purpose of taking into consideration environmental information in respect of a proposed development, the information specified in paragraph 2 (referred to in this Schedule as “the specified information”).

2.  The specified information is—

(a)a description of the proposed development, comprising information about the site and the design and size or scale of the proposed development;

(b)the data necessary to identify and assess the main effects which that development is likely to have on the environment;

(c)a description of the likely significant effects, direct and indirect, on the environment of the proposed development, explained by reference to its possible impact on—

A.human beings;

B.flora;

C.fauna;

D.soil;

E.water;

F.air;

G.climate;

H.the landscape;

I.the inter-action between any of the foregoing;

J.material assets;

K.the cultural heritage;

(d)where significant adverse effects are identified with respect to any of the foregoing, a description of the measures envisaged in order to avoid, reduce or remedy those effects;

(e)and a summary in non-technical language of the information specified above.

3.  An environmental statement may include, by way of explanation or amplification of any specified information, further information on any of the following matters:—

(a)the physical characteristics of the proposed development, and the land-use requirements during the construction and operational phases;

(b)the main characteristics of any production processes proposed, including the nature and quality of the materials to be used;

(c)the estimated type and quantity of expected residues and emissions (including pollutants of water, air or soil, noise, vibration, light, heat and radiation) resulting from the proposed development when in operation;

(d)(in outline) the main alternatives if any studied by the applicant, appellant or authority and an indication or the main reasons for their choice, taking into account the environmental effects;

(e)the likely significant direct and indirect effects on the environment of the proposed development which may result from—

(i)the use ot natural resources;

(ii)the emission of pollutants, the creation of nuisances, and the elimination of waste;

(f)the forecasting methods used to assess any effects on the environment about which information is given under sub-paragraph (e); and

(g)any difficulties, such as technical deficiencies or lack of know-how, encountered in compiling any specified information.

In paragraph (e) “effects” includes secondary, cumulative, short, medium and long-term, permanent, temporary, positive and negative effects.

4.  Where further information is included in an environmental statement pursuant to paragraph 3, a non-technical summary of that information shall also be provided.

Regulations 7, 8, 14, 15, 18, 23 to 27, 37, 42, 44, 50, 53, 55, 57, 58, 59, 61 and 66

SCHEDULE 4BODIES TO BE CONSULTED

1.  Any adjoining planning authority where the proposed development is likely to affect land in their area.

2.  The district planning authority where the application falls to be determined by the regional planning authority.

3.  The Countryside Commission for Scotland.

4.  The Health and Safety Executive.

5.  The Nature Conservancy Council.

6.  The regional planning authority, where the application falls to be determined by the district planning authority.

7.  The River Purification Authority for the area in which the proposed development is situated.

8.  The Secretary of State.

9.  For the purposes of Part IV of these Regulations, the planning authority.

Regulation 16

SCHEDULE 5THE ENVIRONMENTAL ASSESSMENT (SCOTLAND) REGULATIONS 1988NOTICE UNDER REGULATION 16