Rural Payments and Services

When did the regulations come into force?

16 May 2017 in Scotland replacing the previous regulation that came into force 1 January 2007 which itself replaced Regulations dating from 2002 which dealt with the intensification of uncultivated land.

What is Environmental Impact Assessment (EIA)?

EIA is a procedure for considering and assessing the potential impact of land use change on the environment.

What is it all about?

Farmers/land managers/landowners must seek written approval from the Scottish Government Rural Payments and Inspections Division before undertaking certain projects on agricultural land if these works are likely to have significant effects on the environment.

RPID may consult NatureScot, Scottish Environmental Protection Agency (SEPA) and Historic Environment Scotland (HES) before deciding the significance of a proposed project on the environment. RPID may also consult other public bodies where they may have relevant information.

Aren’t these regulations already covered by the planning system?

Agricultural operations which require full planning permission or prior notification are exempt from this regulation. Only developments which do not require planning permission or prior notification fall under this regulation. Local Authority Permitted Development Rights do not apply until you have satisfied all EIA requirements.

Separate regulations already cover EIA for Forestry and Town and Country Planning projects.

How will farmers and landowners be able to decide whether a project is relevant?

Guidelines, agreed with the main land use bodies in Scotland are available which should assist in making these judgements.

For each land type the guidance describes how to determine if the land might be within a category. If in doubt discussion with RPID Area office staff is recommended.

How is a screening application made?

An application form for a screening opinion should be submitted to the local RPID Area office for any potential project.

I have been told I need to submit an EIA report, what now?

If we determine that a full EIA report is required, you may request a scoping opinion. This opinion will outline the scope and level of detail required in your EIA report.

How much will an application cost?

There is no fee for an EIA application under this regulation.

If it is required, the costs of preparing an EIA report will be the responsibility of the applicant, as will the cost of publishing the public notice in the Edinburgh Gazette and a newspaper local to the project. RPID and the statutory agencies are committed to providing any information that they hold to applicants that would be relevant to the application.

There will be no fees for discussion and the information provided by RPID however, other bodies may make a charge for providing information.

Will the public be involved in the decision making?

Not at screening, but should the project require a full EIA report, the report will be made available for public examination.

Are decisions made public?

Land managers are encouraged to arrange neighbour and community notification before formally applying for consent.

The preparation of an EIA report will be advertised within the Edinburgh Gazette and a newspaper local to the project. The EIA report, when prepared, will be available for public inspection.

A list of Screening, Scoping and full EIA applications can be seen on the public register.

Will there be any help available?

Discussion with RPID (or NatureScot, SEPA or HES) is encouraged if there is any doubt about the interpretation of the guidelines or where further information is required.

At the various stages of Screening, Scoping, and production of an EIA report, RPID and the statutory consultees will provide guidance and information to assist applicants.

Every encouragement will be given to those considering land use change to discuss issues with RPID so that whenever possible any problems can be identified early in the process and, if appropriate, alternative options considered.

How long will applicants need to wait for a decision?

RPID is required to give a decision within 90 days as to whether the proposed project comes within the terms of the regulations. If the nature, complexity, location or size of the project makes it impractical for RPID to reach a decision within the 90-day period, we will notify you in writing with a full justification as to why and a new expected date for a decision.

No specific time limits are set on reaching a decision on an EIA report – although we will endeavour to respond with a decision as soon as possible.

Is there any right of appeal?

Yes. Applicants will have the right to appeal the decision.

Will the regulation protect the landscapes and archaeology?

The regulations are not aimed specifically at protecting widespread features of the landscape. However, the impact on the landscape, along with the nature and likelihood of impacts on the archaeology in the area are important factors in determining 'significant' effects.

I think someone has breached the EIA regulations, what should I do next?

It may be that the work does not come within the Regulations and does not require permission. You can check the public register online or contact the local RPID area office.

What is happening in the rest of the UK?

Similar Regulations are in force in England, Wales and Northern Ireland.