FLOW OF ACTIONS FOR SECTION 36 PROCESS AND ENVIRONMENTAL by bww11248

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									FLOW OF ACTIONS FOR SECTION 36 PROCESS AND
ENVIRONMENTAL IMPACT ASSESSMENT (EIA) OUTLINE
TIMESCALES FOR ONSHORE APPLICATIONS

 Process and Developer actions                 Scottish Government
                                                    Timescales
Pre-application stage – developer            Screening Opinion (on need
undertakes preparatory work identifying      for EIA) normally takes 2
location, discussing proposal with the       weeks
relevant planning authority, statutory
bodies, etc.     Developer undertakes
Environmental     Impact    Assessment
(EIA). The developer can also consult        Scoping Opinion normally
the Scottish Government for advice at        takes 9 weeks, including
any point. It may be of assistance if the    period for stakeholders to
developer      requests      an      EIA     comment
Screening/Scoping Opinion at this
stage. If appropriate following scoping
opinion, Environmental Statement (ES)
prepared.

Application stage –

(i) Developer to show draft advert to (i) Energy Consents Unit will
Energy consents Unit approx 2 weeks respond        to     Developer
before first advert                   following submission of the
                                      draft advert within 2 working
                                      days.

(ii)application, including the ES and        (ii, iii, iv) Energy Consent Unit
appropriate fee, submitted by developer      issues consultation request to
to the Scottish Government                   key stakeholders and other
(iii) application advertised by developer    government           departments
in national and local press (for two         within 2 weeks of receipt of
successive weeks).                           the application.
(iv) Application information circulated by
the developer to statutory consultees
(including planning authority) prior to
advert being published and made
available in public viewing place

                                             Indicative time 2 weeks
Consideration of the application
stage –
(i) consultees both statutory and non        (i) From date of second public
statutory (including the public) have 28     notice all consultees and the
days from date of second public notice       public     (except   planning
to make representations on the Section       authority) have 28 days to
36 application and to qualify as             send comments to Energy
registered objectors for any public          Consents Unit
inquiry

(ii) relevant planning authority has 4       (ii) From date of second
months to inform the Scottish Ministers if   public    notice     planning
it objects to the application or comment     authority has 4 calendar
on the conditioning of the consent           months to send comments to
                                             Energy     Consents      Unit.
                                             Planning authority (and other
                                             statutory consultees) can
                                             request extensions, have to
                                             be agreed with developer


                                             Indicative time - 4 months
                                             without extension
Proposal evaluated.
Responses from relevant planning             Energy Consents Unit takes
authority, statutory and non statutory       up to 4 weeks to assess
bodies and public assessed by Energy         responses and decide if
Consents Unit.                               further information is needed



                                             Indicative time – 4 weeks
Additional Information*
(i) Further information from developer (i) No timescale for developer
sought as necessary through an to submit further information.
“addendum” to the application.         Application will be considered
                                       suspended              pending
                                       submission of addendum
                                       where required.

(ii)Addendum will be which is subject to     (ii) Once addendum received
consultation on new information,             all    consultees   (including
circulated to relevant stakeholders and      planning authority) have 28
further public consultation held as          days to respond unless
appropriate.                                 extension granted.

                                             Indicative time – 4 weeks
Addendum evaluated*
Responses from relevant planning             Energy Consents Unit takes
authority, statutory and non statutory       up to 4 weeks to assess
bodies and public assessed by Energy         responses and decide if
Consents Unit.                               further information is needed

                                             Indicative time – 4 weeks
Referring to Public Inquiry*
If relevant planning authority objects,      Once the proposal and any
and doesn’t withdraw the objection or if     addendum          has      been
the objection cannot be met by               evaluated and a Public inquiry
condition, the Scottish Ministers must       is required, Energy Consents
call a public local inquiry.     Even if     Unit will normally aim to refer
relevant planning authority does not         to public local inquiry within 3
object      Scottish   Ministers    have     months.
discretionary power to call a public
inquiry, if for example another statutory
consultee objects
                                             Indicative time to refer to
                                             PLI – 3 months
Holding a Public Inquiry*
Scottish Ministers will appoint a reporter   PLI timescales dependent on
to hear the Inquiry. Public local inquiry    nature    of   enquiry   and
held and reporter advises Ministers of       reporting timescales (can be
his/her findings.                            from 6-18 months).
                                             Indicative time to carry out
                                             PLI – 6-18 months
Determination     of   the    application
stage

If public inquiry called Ministers await    Once all information, including
report from Reporter.      If no public     any PLI report, has been
inquiry Ministers proceed to determine      received     and     assessed,
application and decision announced.         Scottish Ministers will aim to
                                            move to a determination of
                                            the case within 2 further
                                            months of the final information
                                            being received.

                                            Indicative Time – 2 months
Decision announcement

When determination       is   made   and Once Scottish Ministers have
published.                               determined an application
                                         they will annoounce the
                                         decision via the local or
                                         national press and the
                                         Scottish Government website.
                                         Where the decision is to
                                         consent an application a full
                                         copy     of    the   conditions
                                         associated with the consent
                                         will also be released.

                                     Indicative Time – 2 weeks
Post-decision stage – Developer has For life of the consent
to comply with consent conditions in
order to proceed.

* Stage not required in all cases

								
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