These regulations amended the Water Environment (Controlled Activities) (Scotland) Regulations 2011.

The Regulations have been revised to provide greater control over activities which may affect Scotland’s water environment, whilst also encouraging improvements in construction practice.

A key change directly affecting the construction industry (where activities are due to commence on, or after, 1st June 2018) is the requirement to licence surface water drainage system discharges. Such licences require the applicant to nominate a ‘responsible person’ (i.e. an individual/partnership/company) to be held accountable for securing compliance with the terms of the licence.

A simple licence is required for:

• Surface water discharges from more than 60 hectares of land used for residential premises;
• Construction of more than 1,000 car park spaces;
• All industrial estates; and
• Drainage from motorways and A roads.

A complex licence is required to discharge surface water run-off from construction sites:

• Exceeding 4 hectares;
• Containing more than 5km of road or access track; or
• Including any area more than 1 hectare in length or more than 500m on ground, with a slope in excess of 25°

Both simple and complex licences have a determination period of up to four months however, the application may take longer under certain circumstances. A robust Pollution Prevention Plan (PPP) is required to support any licence application, which must be approved prior to construction activities commencing.

Please get in touch with Gavia’s experienced Environmental Advisor team if you require further information on construction site licensing or PPP’s.