Proposed Changes to the Environmental Regulation (Scotland) Guidance on Public Participation and Fit and Proper Person Test

Our public participation statement (PPS) sets out when and how we will involve the public and our partners in decisions relating to environmental authorisations and what information we will make available.

We want communities and individuals to take part in significant decisions that might affect them, and we recognise that the quality of these decisions can be improved through the active involvement of the public concerned. We also recognise other statutory bodies make a valuable contribution to environmental decision-making by providing specialist knowledge and perspective. Scottish Government proposed to amend the existing public consultation requirements in EASR so that we may require pre-application public consultation in relation to some permit applications or variations. We propose to amend the existing PPS to reflect this. Below are the key changes:

• Further information on the process requiring an applicant to carry out pre-application engagement on certain activities due to their nature or location being of significant public interest or where experience has shown this would be beneficial to the application process (for example, in relation to marine pen fish farms).
• The requirement of pre-application engagement will not be expected for all permit applications or variations. Details will be provided on our website to make it clear which activities we would normally consider pre-application a requirement for. The proposed applicant will need to ensure that they have fulfilled this requirement before applying for a permit for that activity with us.
• Simplification of the procedure by which the Scottish Ministers can require a particular application to be referred to them for a determination (known as the call-in procedure).

Additional information to be included in the current PPS

We’re proposing to add the following text to the existing section on ‘How can I get involved in permit consultations?’:

Pre-application public engagement 

“We may require pre-application public consultation in relation to some permit applications or variations. The aim of any pre-application engagement is to explore local environmental knowledge and understand any potential issues or community concerns in relation to a proposed development. Understanding these at an early stage, as opposed to at the end of the process when any changes are likely to be more expensive to implement, will enable the applicant to take them into account during development of their proposals.”

Figure 1: Application process for a permit 

We’re proposing to add the following text to Figure 1, which explains the application process for a permit:

"For some permit applications, we will require the prospective applicant to engage in pre-application work with interested parties, including the public. Part of this engagement will include the prospective applicant seeking more information from interested parties on the proposed activity. This is a good opportunity to get involved early and give your views. These events might be happening in your local area and be published by the applicant. Alternatively, you may find pre-application engagement is included as part of the local authority planning process."

Additional supporting information on Pre-application public engagement

We’re proposing to add the following text to an additional Annex:

"Pre-application public engagement additional information

Pre-application engagement will not be expected for all permit applications or variations and details will be provided on our website to make it clear which activities we would normally require pre-application engagement.

Where we require pre-application engagement we will require the prospective applicant to demonstrate that they have taken part in meaningful and transparent pre-application engagement with the local community.

It's important that the applicant can demonstrate they have taken feedback from those likely to be affected by the proposed activity into account when preparing their application.

Pre- application engagement may be required for:

• An activity that due to its nature or location may have a particular local or national public interest. An activity where our experience has shown that engaging with the local community is beneficial to the application process.

Prospective applicants should engage with those who represent the views of potentially affected communities, guided by the National Standards for Community Engagement.

The objective of this engagement is to provide a process which enables communities to:

• Be better informed about the proposals.
• Have an opportunity to contribute their views to prospective applicants before an application is submitted.

The prospective applicant will be required to provide the following information:

• A description in general terms of the development to be carried out.
• The site location as far as possible with a plan showing the outline of the site at which the development is to be carried out and sufficient to identify that site plan.
• Details as to how the prospective applicant may be contacted and corresponded with.

Information issued as part of the engagement should be:

• Factually accurate.
• Easy to understand.
• Jargon free.
• Accessible.
• Relevant.

It should be made available in appropriate formats and provided in good time to enable people to take part and discuss their views with others. In doing so, prospective applicants should consider the needs of different groups in the local population, such as people with disabilities, age or language related issues.

The prospective applicant should engage with the public through various means, such as:

• Written information.
• Advertisements in community bulletins.
• Online measures such as social media platforms.
• Community meetings.
• Roundtable and focus group discussions.
• Local councils planning portal.

For SEPA, it's important that we understand how the proposal may impact on local communities so that the prospective applicant can consider these aspects early on. We will require the prospective applicant to share this information in support of their application. We ask the prospective applicant to share the feedback that they received during the public consultation with us and to show how it influenced their decision-making, if appropriate."