The Environmental Impact Assessment (Scotland) Regulations 2010: Consultation Paper

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ANNEX C MULTI-STAGE CONSENTS

MULTI-STAGE CONSENT PROVISIONS

Regulation 2 - Interpretation

"the 2000 Regulations" means the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2000.

"the 2007 Act" means the Transport and Works (Scotland) Act 2007.

"the 2007 Rules" means the Transport and Works (Scotland) Act 2007 (Applications and Objections Procedure) Rules 2007.

"application for a transport and works order" means an application under section 4 of the 2007 Act.

"application for energy consent" means-

(a) an application for a consent under section 36 of the Electricity Act 1989 to construct, extend or operate a generating station, or

(b) an application for a consent under section 37 of the Electricity Act 1989 to install or keep installed an electric line above ground.

"application for multi-stage consent" means an application for approval, consent or agreement required by a condition -

(a) imposed on a grant of planning permission in principle, where that approval, consent or agreement must be obtained before all or part of the development permitted by the planning permission may be begun;

(b) imposed on a grant of planning permission, where that approval, consent or agreement must be obtained before all or part of the development permitted by the planning permission may be begun;

(c) specified in an energy planning permission, where that approval, consent or agreement must be obtained before all or part of the development permitted by that energy planning permission may be begun;

(d) specified in a transport and works planning permission, where that approval, consent or agreement must be obtained before all or part of the development permitted by that transport and works planning permission may be begun;

(e) specified in a simplified planning zone scheme, where that approval, consent or agreement must be obtained before all or part of the development permitted by planning permission granted by the adoption or approval of that scheme may be begun; or

(f) specified in an enterprise zone scheme, where that approval, consent or agreement must be obtained before all or part of the development permitted by the planning permission granted by that enterprise zone scheme may be begun.

" EIA development" means development which is either -

(i) Schedule 1 development; or

(ii) Schedule 2 development likely to have significant effects on the environment by virtue of factors such as its nature, size or location.

"energy determination" means a determination made by the Scottish Ministers under regulation 6 of the 2000 Regulations as to whether or not an application for energy consent is for energy EIA development;

"energy environmental statement" means an environmental statement within the meaning of regulation 2 of the 2000 Regulations.

"energy planning permission" means a direction issued by the Scottish Ministers under section 57(2) directing that planning permission shall be deemed to be granted for development for which a consent under section 36 or 37 of the Electricity Act 1989 is granted by them.

"energy screening opinion" means a screening opinion within the meaning of regulation 2 of the 2000 Regulations.

"planning permission", in relation to the consideration of an application for multi-stage consent, includes planning permission in principle, energy planning permission and transport and works planning permission.

"project" means, in relation to the consideration of an application for multi-stage consent, the development granted planning permission by the planning permission in respect of which such application is made, taken together with any multi-stage consent previously granted in connection with such planning permission.

" ROMP condition" means a condition to which a planning permission is subject under -

(a) paragraph 14(2) of Schedule 8 to the Act (registration of old mining permissions);

(b) paragraph 9(1) of Schedule 9 to the Act (review of old mineral planning permissions); or

(c) paragraph 6(1) of Schedule 10 to the Act (periodic review of mineral planning permissions).

"Schedule 1 development" means -

(a) in relation to the consideration of an application for multi-stage consent which relates to an energy planning permission, Schedule 1 development within the meaning of regulation 2 of the 2000 Regulations;

(b) in relation to the consideration of an application for multi-stage consent which relates to a transport and works planning permission, development of a type mentioned in Annex I of the Directive; and

(c) in all other cases, development, other than exempt development, of a description mentioned in Schedule 1.

"Schedule 2 development" means -

(a) in relation to the consideration of an application for multi-stage consent which relates to an energy planning permission, Schedule 2 development within the meaning of regulation 2 of the 2000 Regulations;

(b) in relation to the consideration of an application for multi-stage consent which relates to a transport and works planning permission, development of a type mentioned in Annex II of the Directive; and

(c) in all other cases, development, other than exempt development, of a description mentioned in Column 1 of Schedule 2 where -

(i) any part of that development is to be carried out in a sensitive area; or

(ii) any applicable threshold or criterion in the corresponding part of Column 2 of that table is respectively exceeded or met in relation to that development.

"transport and works environmental statement" means an environmental statement within the meaning of rule 2 of the 2007 Rules.

"transport and works order" means an order made under section 1 of the 2007 Act.

"transport and works planning permission" means a direction issued by the Scottish Ministers under section 57(2A) directing that planning permission shall be deemed to be granted for development for which provision is included in a transport and works order.

"transport and works screening decision" means a screening decision within the meaning of rule 2 of the 2007 Rules.

(7) In the application of these Regulations in respect of an application for multi-stage consent relating -

(a) to an energy planning permission references to an "environmental statement" are to be treated as references to"or energy environmental statement"; and

(b) to a transport and works planning permission references to an 'environmental statement' are to be treated as 'references to a 'transport and works environmental statement'.

Regulation 3A - Consideration of environmental information when determining an application for multi-stage consent

3A.-(1) The relevant planning authority or the Scottish Ministers must not grant an application for multi-stage consent in respect of EIA development unless they have first taken the environmental information into account, and they must state in their decision that they have done so.

(2) When granting an application for multi-stage consent in respect of EIA development the relevant planning authority or the Scottish Ministers may, having regard to the environmental information, impose conditions in relation to the project (whether in relation to matters arising from the application for multi-stage consent or from the planning permission in respect of which such application is made) for the purpose of avoiding, reducing or offsetting the effect of the project on the environment.

(3) For the purposes of paragraph (1) and (2), "environmental information" shall in addition to any environmental information previously provided in respect of the project include -

(a) any environmental statement or revised or updated environmental statement provided in connection with the application for multi-stage consent;

(b) any supplementary information and any further information and any other information provided in connection with the application for multi-stage consent; and

(c) any representations made in connection with the application for multi-stage consent by any body required by these Regulations to be invited to make representations and any representations duly made by any other person about the environmental effects of the project.

(4) In the application of this regulation to the consideration of an application for multi-stage consent which relates to -

(a) an energy planning permission, after sub-paragraph (3)(c) there is inserted -

"(d) any environmental information within the meaning of regulation 2 of the 2000 Regulations provided in connection with the application for energy consent to which the energy planning permission relates"; and

(b) to a transport and works planning permission, after sub-paragraph (3)(c) there is inserted-

"(d) any information supplied in connection with that application for a transport and works order under rule 15(1) or (2) of the 2007 Rules; and

(e) any representations made in connection with that application for a transport and works order by any body required by the 2007 Rules to be invited to make representations".

CHAPTER 6A APPLICATIONS FOR MULTI-STAGE CONSENT

Regulation 21A - Requests for screening opinions and screening directions

21A.- (1) Where a person is minded to make an application for multi-stage consent, regulations 5 (request for screening opinions of the planning authority) and 6 (requests for screening directions of the Scottish Ministers) shall apply as if that person was a person who was minded to carry out development and the request related to the project.

(2) A screening opinion adopted by virtue of paragraph (1) shall supersede the terms of-

(a) an earlier screening opinion or screening direction;

(b) in relation to an application for multi-stage consent which relates to energy planning permission, an earlier energy screening opinion or energy determination in relation to the application for energy consent to which that energy planning permission relates;

(c) in relation to an application for multi-stage consent which relates to transport and works planning permission, an earlier transport and works screening decision in relation to the application for a transport and works order to which that transport and works planning permission relates.

(3) A screening direction made by virtue of paragraph (1) shall supersede the terms of-

(a) an earlier screening direction;

(b) in relation to an application for multi-stage consent which relates to energy planning permission, an earlier energy screening opinion or energy determination in relation to the application for energy consent to which that energy planning permission relates;

(c) in relation to an application for multi-stage consent which relates to transport and works planning permission, an earlier transport and works screening decision in relation to the application for a transport and works order to which that transport and works planning permission relates.

Regulation 21B - Application for multi-stage consent without environmental statement

21B.- (1) Where -

(a) it appears to the relevant planning authority that an application for multi-stage consent which is before them for determination (including determination following consideration of the application on review under section 43A(8) (right to require review of planning decisions and failures to take such decisions)) relates to planning permission for Schedule 1 development or Schedule 2 development;

(b) the project in question has either -

(i) not been the subject of a screening opinion or screening direction; or

(ii) been the subject of a screening opinion to the effect that it is not EIA development; and

(c) no statement referred to by the applicant as an environmental statement for the purposes of these Regulations accompanied either the application for planning permission nor the application for multi-stage consent,

the planning authority must adopt a screening opinion in respect of the project within three weeks beginning with the date of receipt of the application.

(2) Where that application for multi-stage consent has already been the subject of a screening opinion or screening direction under regulations 5 or 6 as applied by regulation 21A to the effect that the project to which it relates is not EIA development the planning authority shall not be required to adopt a screening opinion under paragraph (1).

(3) The authority must, if they consider they have not been provided with sufficient information to adopt an opinion, notify in writing the applicant of the points on which they require additional information.

(4) A screening opinion adopted under paragraph (1) shall supersede the terms of an earlier screening opinion or screening direction.

(5) The Scottish Ministers may make a screening direction in relation to a project to which paragraph (1)(b)(ii) applies and any such screening direction shall supersede the terms of the earlier screening direction.

(6) Where the relevant planning authority adopt a screening opinion under paragraph (1) to the effect that the project to which the application for multi-stage consent relates is EIA development, regulation 7(2) to (7) shall apply to the application as if it were an EIA application, subject to the following modifications -

(a) for "application" in paragraph (3) substitute "application for multi-stage consent";

(b) for "the development" in paragraphs (3), (5) and (6) substitute "the project";

(c) for "the permission sought" in paragraph (5) substitute "the consent sought";

(d) paragraph (5)(a) is omitted;

(e) in paragraph (6) for "planning permission" substitute "application for multi-stage consent"; and

(f) in paragraph (7)-

(i) for "application for planning permission" substitute "application for multi-stage consent"; and

(ii) for "the proposed development" substitute "the project".

(7) In the application of this regulation to the consideration of applications for multi-stage consent which relate to energy planning permission -

(a) after paragraph (1)(b)(ii) insert -

"(iii) not been the subject of an energy screening opinion or an energy determination; or

(iv) been the subject of an energy screening opinion or an energy determination to the effect that it is not EIA development;";

(b) for paragraph (c) substitute -

"(c) no energy environmental statement accompanied the application for energy consent to which the energy planning permission relates and no statement referred to by the applicant as an environmental statement for the purposes of these Regulations accompanied the application for multi-stage consent,";

(c) at the end of paragraph (4) insert "or energy screening opinion or energy determination"; and

(d) in paragraph (5)-

(i) for "paragraph (1)(b)(ii)" substitute "paragraph (1)(b)(ii) or (iv)"; and

(ii) at the end insert "or energy screening opinion or energy determination".

(8) In the application of this regulation to the consideration of applications for multi-stage consent which relate to transport and works planning permission -

(a) after paragraph (1)(b)(ii) insert -

"(iii) not been the subject of a transport and works screening decision; or

(iv) been the subject of a transport and works screening decision to the effect that environmental impact assessment is not required; and";

(b) for paragraph (1)(c) substitute -

"(c) no transport and works environmental statement accompanied the application for a transport and works order to which the transport and works order planning permission relates and no statement referred to by the applicant as an environmental statement for the purposes of these Regulations accompanied the application for multi-stage consent";

(c) at the end of paragraph (4) insert "or transport and works screening decision"; and

(d) in paragraph (5) -

(i) for "paragraph (1)(b)(ii)" substitute "paragraph (1)(b)(ii) or (iv)"; and

(ii) at the end insert "or transport and works screening decision".

(9) In the application of this regulation to an application for multi-stage consent which relates to planning permission granted by the adoption or approval of a simplified planning scheme or by an enterprise zone scheme, in paragraph (1)(c) omit "either the application for planning permission nor".

(10) In the application of this regulation to an application for multi-stage consent which relates to a ROMP condition, the reference in paragraph (1)(c) to the application for planning permission shall be treated as a reference to the ROMP application.

Regulation 21C - Application for multi-stage consent referred to the Scottish Ministers without an environmental statement

21C.- (1) Where -

(a) it appears to the Scottish Ministers that an application for multi-stage consent which has been referred to them for determination relates to planning permission for Schedule 1 development or Schedule 2 development;

(b) the project in question has either -

(i) not been the subject of a screening opinion or screening direction; or

(ii) been the subject of a screening opinion or screening direction to the effect that it is not EIA development; and

(c) no statement referred to by the applicant as an environmental statement for the purposes of these Regulations accompanied either the application for planning permission nor the application for multi-stage consent,

the Scottish Ministers must make a screening direction in respect of the development within three weeks beginning with the date of referral of the application.

(2) Where that application for multi-stage consent has already been the subject of a screening opinion under regulation 5 as applied by regulation 21A to the effect that the project to which it relates is not EIA development, the Scottish Ministers may make a screening direction under paragraph (1), but shall not be required to do so.

(3) The Scottish Ministers must, if they consider that they have not been provided with sufficient information to make a screening direction, notify in writing the applicant of the points on which they require additional information, and may request the relevant planning authority to provide such information as they can on any of these points.

(4) A screening direction made under paragraph (1) shall supersede the terms of an earlier screening opinion or screening direction.

(5) Where the Scottish Ministers make a screening direction under paragraph (1) to the effect that the project to which the application for multi-stage consent relates is EIA development, regulation 8(2) to (6) shall apply to that application as if it were an EIA application and as if "the application for multi-stage consent" was substituted for "planning permission" in regulation 8(6).

(6) In the application of this regulation to the consideration of applications for multi-stage consent which relate to energy planning permission -

(a) after paragraph (1)(b)(ii) insert -

"(iii) not been the subject of an energy screening opinion or an energy determination; or

(iv) been the subject of an energy screening opinion or an energy determination to the effect that it is not EIA development;";

(b) for paragraph (c) substitute -

"(c) no energy environmental statement accompanied the application for energy consent to which the energy planning permission relates and no statement referred to by the applicant as an environmental statement for the purposes of these Regulations accompanied the application for multi-stage consent,"; and

(c) at the end of paragraph (4) insert "or energy screening opinion or energy determination".

(7) In the application of this regulation to the consideration of applications for multi-stage consent which relate to transport and works planning permission -

(a) after paragraph (1)(b)(ii) insert -

"(iii) not been the subject of a transport and works screening decision; or

(iv) been the subject of a transport and works screening decision to the effect that environmental impact assessment is not required; and";

(b) for paragraph (1)(c) substitute -

"(c) no transport and works environmental statement accompanied the application for a transport and works order to which the transport and works planning permission relates and no statement referred to by the applicant as an environmental statement for the purposes of these Regulations accompanied the application for multi-stage consent"; and

(c) at the end of paragraph (4) insert "or transport and works screening decision".

(8) In the application of this regulation to an application for multi-stage consent which relates to planning permission granted by the adoption or approval of a simplified planning scheme or by an enterprise zone scheme, in paragraph (1)(c) omit "either the application for planning permission nor".

(9) In the application of this regulation to an application for multi-stage consent which relates to a ROMP condition, the reference in paragraph (1)(c) to the application for planning permission shall be treated as a reference to the ROMP application.

Regulation 21D - Appeal in respect of application for multi-stage consent to the Scottish Ministers without an environmental statement

21D.- (1) Where on consideration of an appeal under section 47 (right to appeal against planning decisions and failure to take such decisions) in respect of an application for multi-stage consent it appears to the Scottish Ministers that -

(a) the relevant application relates to planning permission for Schedule 1 development or Schedule 2 development;

(b) the project in question has either -

(i) not been the subject of a screening opinion or screening direction; or

(ii) been the subject of a screening opinion or screening direction to the effect that it is not EIA development; and

(c) the relevant application is not accompanied by a statement referred to by the appellant as an environmental statement for the purposes of these Regulations,

the Scottish Ministers must make a screening direction in respect of the development within three weeks beginning with the date of receipt of the appeal.

(2) Where that application for multi-stage consent has already been the subject of a screening opinion under regulation 5 as applied by regulation 21A to the effect that the project to which it relates is not EIA development, the Scottish Ministers may make a screening direction under paragraph (1), but shall not be required to do so.

(3) The Scottish Ministers must, if they consider they have not been provided with sufficient information to make a screening direction, notify in writing the appellant of the points on which they require additional information, and may request the relevant planning authority to provide such information as they can on any of these points.

(4) A screening direction made under paragraph (1) shall supersede the terms of an earlier screening opinion or screening direction.

(5) Where the Scottish Ministers make a screening direction under paragraph (1) to the effect that the project to which the application for multi-stage consent relates is EIA development, regulation 9(2) to (5) shall apply to the application as if it were an EIA application and as if "the application for multi-stage consent" was substituted for "planning permission" in regulation 9(5).

(6) In the application of this regulation to the consideration of applications for multi-stage consent which relate to energy planning permission -

(a) after paragraph (1)(b)(ii) insert -

"(iii) not been the subject of an energy screening opinion or an energy determination; or

(iv) been the subject of an energy screening opinion or an energy determination to the effect that it is not EIA development;"; and

(b) at the end of paragraph (4) insert "or energy screening opinion or energy determination".

(7) In the application of this regulation to the consideration of applications for multi-stage consent which relate to transport and works planning permission -

(a) after paragraph (1)(b)(ii) insert -

"(iii) not been the subject of a transport and works screening decision; or

(iv) been the subject of a transport and works screening decision to the effect that environmental impact assessment is not required; and"; and

(b) at the end of paragraph (4) insert "or transport and works screening decision".

Regulation 21E - Application for multi-stage consent with environmental statement

21E.- (1) This regulation applies where-

(a) an application for multi-stage consent in relation to a project in respect of which an environmental statement has already been submitted -

(i) is received by the relevant planning authority; or

(ii) is referred to the Scottish Ministers for determination; or

(b) the Scottish Ministers have under consideration an appeal under section 47 in respect of an application for multi-stage consent where an environmental statement has already been submitted; or

(c) the relevant planning authority have under consideration on review under section 43A(8) an application for multi-stage consent where an environmental statement has already been submitted.

(2) The applicant or appellant may submit an environmental statement which has been revised or updated by the applicant or appellant.

(3) The Scottish Ministers or the relevant planning authority, when dealing with an application for multi-stage consent or appeal in respect of such an application, may in writing require the applicant or appellant to provide such supplementary 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 (either as originally submitted or as updated or revised).

(4) 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 supplementary information about any matter mentioned in Schedule 4; and

(b) that supplementary information is reasonably required to give proper consideration to the likely environmental effects of the project,

the Scottish Ministers or the relevant planning authority must notify the applicant or appellant in writing and the applicant or appellant must provide that supplementary information (and such supplementary information provided by the applicant or appellant is referred to in these Regulations as "supplementary information").

(5) Where supplementary information is required in accordance with paragraph (4) regulations 14 and 16 to 18 shall apply to the submission of such supplementary information as they apply to the submission of an environmental statement (subject to any necessary modifications) and regulation 13 shall similarly apply subject to the substitution, in paragraph (1) of "in Schedule 6A" for "in Schedule 5".

(6) In the application of this regulation to the consideration of applications for multi-stage consent which relate to energy planning permission -

(a) in sub-paragraphs (1)(a), (1)(b) and (1)(c) after "submitted" insert "or an energy environmental statement was submitted under the 2000 Regulations"; and

(b) in paragraphs (2) and (3) after "environmental statement" insert "or energy environmental statement".

(7) In the application of this regulation to the consideration of applications for multi-stage consent which relate to transport and works planning permission -

(a) in sub-paragraphs (1)(a), (1)(b) and (1)(c) after "submitted" insert "or a transport and works environmental statement was submitted under the 2007 Rules";

(b) in paragraphs (2) and (3) after "environmental statement" insert "or transport and works environmental statement"; and

(c) in sub-paragraph (4)(a), for "Schedule 4" substitute "Schedule 1 to the 2007 Rules".

Regulation 21F - Scoping opinions of the planning authority

21F.- (1) Where a person is minded to make an application for multi-stage consent in respect of EIA development, regulations 10 (scoping opinions of the planning authority) and 11 (scoping directions of the Scottish Ministers) shall apply as if that person was a person who was minded to make an EIA application, subject to the following modifications -

(a) in regulation 10(1) the reference to "environmental statement" shall include any updated or revised environmental statement;

(b) in regulations 10 and 11 references to the development are references to the project;

(c) in regulation 10(5) after "regulation 5(1)" insert "as applied by regulations 21A"; and

(d) in regulation 10(9) and 11(6) for "planning permission" substitute "multi-stage consent".

(2) In the application of this regulation to the consideration of applications for multi-stage consent which relate to energy planning permission, at the end of sub-paragraph (1)(a) insert "or energy environmental statement".

(3) In the application of this regulation to the consideration of applications for multi-stage consent which relate to transport and works planning permission, at the end of sub-paragraph (1)(a) insert "or transport and works environmental statement".

Regulation 21G - Procedure for application for multi-stage consent

21G.- (1) Part II of these Regulations applies to an application for multi-stage consent subject to the following modifications.

(2) In regulation 12 -

(a) in paragraph (2) for "development" substitute "project"; and

(b) in paragraph (3)(b) for "7(4)(a), 8(4), 9(3) or 9A(3)(a)" substitute "7(4)(a), 8(4) or 9(3) as those regulations are applied by regulations 21B(6), 21C(5) or 21D(5), as the case may be".

(3) In regulation 13(1) -

(i) for "an EIA application" substitute "an application for multi-stage consent in respect of EIA development"; and

(ii) in paragraph (a) after "the statement" insert ", the relevant planning permission and supporting documents";

(4) In regulation 14(1) for "an EIA application" substitute "an application for multi-stage consent in respect of EIA development" and in regulation 14(2) for "planning permission" substitute "multi-stage consent";

(5) In regulation 15 for "planning permission" substitute "multi-stage consent";

(6) In regulation 16 for " EIA application" substitute "an application for multi-stage consent in respect of EIA development";

(7) in regulation 17 for "planning permission" substitute "an application for multi-stage consent in respect of EIA development".

(8) Omit regulation 19.

(9) In regulation 20 -

(a) in paragraph (1)(e) at the end insert "as applied by regulations 21B(6), 21C(5) and 21D(5) as the case may be";

(b) in paragraph (2)(b)(i) after "11(2)" insert "as applied by regulation 21F"; and

(c) in paragraph (2) for "planning permission" substitute "multi-stage consent" and for "development" substitute "project".

(10) In regulation 21(1) and (2), for "an EIA application" substitute "an application for multi-stage consent in respect of EIA development".

(11) In regulation 40 -

(a) for "the development" in each place where it occurs substitute "the project";

(b) in paragraph (1) for "an EIA application" substitute "an application for multi-stage consent in respect of EIA development"; and

(c) in paragraph (4) for "planning permission" substitute "multi-stage consent".

(12) In regulation 45(2) for "an EIA application" substitute "an application for multi-stage consent in respect of EIA development".

(13) in Schedule 5 (notice under regulation 13) in the second paragraph of the right hand column, after "planning application" insert "(including, in the case of an application for multi-stage consent, the relevant planning permission and supporting documents).

(14) Where the application for multi-stage consent relates to planning permission granted by the adoption or approval of a simplified planning scheme or by an enterprise zone scheme, the reference in paragraph (3)(a)(ii) to the relevant planning permission shall be read as a reference to the simplified planning zone scheme or enterprise zone scheme, as the case may be.

Regulation 21H - Application of provisions of the Development Procedure Regulations

21H.-(1) The provision of the Development Management Procedure Regulations specified in paragraph (2) shall apply in respect of all applications for multi-stage consent as they apply to an application for multi-stage consent made under regulation 12 of those Regulations.

(2) The provisions are-

[See question 7 of the consultation paper]

CHAPTER 8 SPECIAL CASES

Regulation 28 - Restriction of grant of permission by new simplified planning zone schemes or enterprise zone orders

28. No-

(a) adoption or approval of a simplified planning zone scheme;

(b) order designating an enterprise zone made; or

(c) modified scheme in relation to an enterprise zone approved,

after the commencement of these Regulations shall -

(i) grant planning permission for Schedule 1 development; or

(ii) grant planning permission for Schedule 2 development unless that grant is subject to the prior adoption of a screening opinion or prior making of a screening direction that the particular proposed development is not EIA development.

Regulation 43 - Application to the Court of Session

43. For the purposes of Part XI of the Act (validity), the references in section 239(1)(b) and (2) to action of the Scottish Ministers which is not within the powers of the Act shall be taken to extend to -

(a) a grant of planning permission by the Scottish Ministers in contravention of regulation 3; and

(b) a grant of multi-stage consent by the Scottish Ministers in contravention of regulation 3A.

Page updated: Thursday, May 20, 2010