A consultation on time limits for enforcement action for unauthorised Environmental Impact Assessment development

Closed 11 Jul 2024

Opened 19 Apr 2024

Overview

The Scottish Government is inviting comments on proposals to disapply Section 124 of the Town and Country Planning (Scotland) Act 1997 (‘the 1997 Act’) concerning the time limits for taking enforcement action on unauthorised development which requires an Environmental Impact Assessment (EIA).

This consultation follows a case of unauthorised development in Northern Ireland for which an EIA was required, but not undertaken. The need for EIA was only identified after the time limit for enforcement had expired and the development was immune from enforcement action. As the Scottish planning system is similar to the system in Northern Ireland, the Scottish Government considers it is possible, although unlikely, that a similar situation could arise in Scotland.

Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.

Useful information about responding to this consultation

As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.

Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.

On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.

After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.

A analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).

 

Why your views matter

The responses we recieve will help us to better understand the impact of disapplying enforcement time limits for unauthorised development that requires EIA and the potential need to fine tune the Regulations.

Interests

  • Building and Planning
  • Main hub