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Thomson Ecology HandbookNational planning law and wildlife | Scotland

TEH Index

Part 1: Legal frameworks

Part 2: Planning policy and other guidance

Part 3: Development and features of biodiversity importance

Part 4: Surveys and assessment

Part 5: Mitigation and enhancement

Part 6: Practical techniques

Table 4C: National planning law and wildlife: Scotland

Legislation Description
Town and Country Planning (Scotland) Act 1997  Consolidates previous planning acts and regulates planning and the granting of planning permission. Allows planning authorities to grant planning permission, either unconditionally or subject to such conditions as they think fit, or refuse planning permission. Requires the planning authority to have regard to any material considerations, which under Scottish Planning Policy, include nature conservation. Section 75 covers legal agreements between the planning authority and developer, and may include agreements relating to protected species mitigation.
Environmental Impact Assessment (Scotland) Regulations 1999 (Scottish Statutory Instrument 1999 No. 1), as amended (the EIA Regulations) Implement part of the 1985 EIA Directive, as amended by the 1997 EIA Directive. Replace the Town and Country Planning Environmental Assessment (Scotland) Regulations 1988, and all amendments. Regulate granting of planning permission for certain developments under the Town and Country Planning (Scotland) Act 1997. The regulations require local authorities to have sufficient information on the environmental effects, including effects on flora and fauna, before granting planning permission. Require the submission of an Environmental Statement for qualifying developments. The 2011 EIA (Scotland) Regulations consolidate, update and replace Part II of the 1999 EIA (Scotland) Regulations.
Roads (Scotland) Act 1984 and the Environmental Impact Assessment (Scotland) Regulations 1999 and 2011 Implement part of the 1985 EIA Directive as amended by the 1997 EIA Directive. This applies to roads for which Scottish Ministers are the highway authority.
Transport and Works (Scotland) Act 2007, together with the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007  Applies to projects for the construction or operation of railways, tramways and other guided transport systems, inland waterways, works interfering with rights of navigation, and wind farms. The requirements of the EIA directive can be implemented through the Applications and Objections Rules.
Town and Country Planning (General Permitted Development) (Scotland) Amendment Order 2011 (the GPDO)
The GPDO sets out the procedures for making a planning application and addresses those provisions of the Town and Country Planning (General Development) (Scotland) Order 1981 which are concerned with permitted development. The GPDO 2011 Order amends the 1992 Order (the principle Order)
Planning etc. (Scotland) Act 2006 as amended   Establishes the National Planning Framework in Scotland, sets out procedures for the creation of strategic development plans and local development plans, and amends previous planning legislation (primarily the Town and Country Planning (Scotland) Act 1997) with regards to the planning application process and Tree Preservation Orders.

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