The Environmental Impact Assessment (Scotland) Regulations 1999

Further information and evidence relating to environmental statements

19.—(1) The Scottish Ministers or the relevant planning authority, when dealing with an application or appeal in relation to which a statement which the applicant or appellant refers to as a environmental statement for the purposes of these Regulations has been provided, may in writing require the applicant or appellant to provide such further information as may be specified to enable the application or appeal to be determined, or concerning any matter which is required to be dealt with in the environmental statement; and where in the opinion of the Scottish Ministers or the relevant planning authority–

(a)the applicant or appellant could (having regard in particular to current knowledge and methods of assessment) provide further information about any matter mentioned in Schedule 4; and

(b)that further information is reasonably required to give proper consideration to the likely environmental effects of the proposed development,

they shall notify the applicant or appellant in writing and the applicant or appellant shall provide that further information (and such further information provided by the applicant or appellant is referred to in these Regulations as “further information”).

(2) Where further information is required in accordance with paragraph (1), except insofar as such further information–

(a)is required to be provided for the purposes of a local inquiry held under the Act and the written requirement for such further information states that it is to be provided for such purposes, or

(b)is required to be provided for the purposes of an appeal under section 130,

regulations 14 and 16 to 18 shall apply to the submission of such further information as they apply to the submission of an environmental statement (subject to any necessary modifications) and regulation 13 shall similarly apply subject to substitution, in paragraph (1), of “in Schedule 6” in place of “in Schedule 5”.

(3) The Scottish Ministers or the relevant planning authority may in writing require to be produced to them such evidence, in respect of any environmental statement which it falls to them to take into consideration, as they may reasonably call for to verify any information it contains.