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THE STATE OF SCOTLAND'S FARMED ENVIRONMENT 2005

26. ENVIRONMENTAL ASSESSMENT

EA in RELATION TO FARMLAND

Agricultural operations generally fall outside the scope of the Town and Country Planning System and where relevant are regulated under other consent procedures.

In terms of the Town and Country Planning ( Scotland ) Act 1977 , development (e.g. greenhouses, farm buildings) on previously uncultivated land is unlikely to require EIA unless it covers >5ha. EIA is more likely to be required if the development would result in permanent changes to the character of >5ha. In assessing the significance of any likely effects particular attention should be paid to wider impacts on hydrology, and surrounding ecosystems, of irrigation and land drainage works, which are also covered under the Land Drainage (Scotland) Act 1958. The impacts associated with intensive livestock installations depend upon the level of odours, increased traffic and waste handling arrangements. EIA is more likely to be required for intensive livestock installations if they are developed to house more than 750 sows, 2000 fattening pigs, 60000 broilers or 50000 layers, turkeys or other poultry. These are only indicative thresholds (Scottish Executive Circular 15/1999).

SPECIAL CASES: Water Abstraction and Forestry

Under the Environmental Impact Assessment (Water Management) Scotland Regulations 2003 , any farmer who is proposing to irrigate land must apply to their local Planning Authority for a screening opinion. Where the Planning Authority finds that the proposal may cause a significant environmental impact (typically for proposals to irrigate >50ha) then permitted development rights are removed and the farmer will require planning approval. A statutory EIA must be prepared. These are temporary arrangements to be replaced when the Water Environment and Water Services ( Scotland ) Act 2003 abstraction control regime takes effect (SEPA).

Forestry is also a special case. Under the Environmental Impact Assessment (Forestry) (Scotland) Regulations 1999, Forestry Commission Scotland (FCS) is responsible for ensuring that the environmental impact of proposals that fall within any of the four “forestry projects”: afforestation, deforestation, forest roads and forest quarries is assessed. Applicants must register via the EIA register and if it is considered that a project will have a significant effect on the environment then work cannot proceed without consent from FCS. An application for consent must be accompanied by an Environmental Statement.

Agricultural operations currently fall outside the scope of the EIA regulations, unless they involve large developments, water abstraction or forestry-related work. The scope of the new Environmental Assessment (Scotland) Bill will mean that SEA will be a requirement of all future strategies, plans or programmes related to Scottish farming (e.g. Scottish Rural Development Plan).

Sources

  • Forestry Commission Scotland : Environmental Impact Assessment Register External Website
  • SEPA : Environmental Impact Assessment (Water Management) ( Scotland ) Regulations 2003 External Website
  • Scottish Executive (1999). The Environmental Impact Assessment ( Scotland ) Regulations 1999 Circular 15/1999 External Website
  • Scottish Labour Party and Scottish Liberal Democrats , 2003. A Partnership for a Better Scotland : Partnership Agreement. External Website
  • Reid A , (2004). Strategic Environmental Impact Assessment. SPICe briefing 04/46. Edinburgh : Scottish Parliament. External Website
  • Reid A , 2004. Environmental Impact Assessment. SPICe briefing 04/52. Edinburgh : Scottish Parliament. External Website
  • Reid A , 2005. Environmental Assessment ( Scotland ) Bill. SPICe briefing 05/21. Edinburgh : Scottish Parliament. External Website

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