Environmental Impact Assessment (EIA)

Large scale projects/developments where there is an obvious potential for environmental damage may require an Environmental Assessment to be undertaken.  Although the size and type of development are used to assess if an EIA needs to be produced a key issue to be considered is whether the project is likely to have a significant effect on the environment.  

A small scale project in or close to a sensitive area can have effects just as damaging as those from large scale developments.  It is advised that applicants screen their proposed development using the 1999 EIA regulations or contact the Local Planning Authority to determine if an Environment Statement should be submitted with the planning application.

It is the whole process required to reach a decision on whether or not to allow the project to proceed.  Environmental Assessment involves the presentation, collection and assessment of information on the environmental effects of a project and also the final judgement upon it.  An important part of that process is the submission of an environmental statement.

Environmental Statement is the information which is put forward by the applicant in conjunction with his application for planning permission for the project.

Is the information provided by the applicant via the environment statement; but also includes the information and responses given by or received from various statutory consultees and third parties.  As such it is a material consideration in determining the application for planning permission

(6th Edition A practical Approach to Planning Law, Victor Moore)

The Town and County Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 identifies projects that require environmental assessments.

The regulations splits the type of projects that require an environmental assessment into two lists: Schedule 1 and Schedule 2

Further information of what type of projects require an environmental assessment can be found on the Communities and Local Government website

Development identified as Schedule 1 always requires an Environmental Impact Assessment

Development Identified as Schedule 2 requires an Environmental Impact Assessment if it is likely to have a significant effect on the environment due to its size, nature and/or location.

Circular 02/99 Environmental Impact Assessment identifies indicative thresholds and criteria that should be taken into consideration when determining if a schedule 2 development requires an EIA.

Applicants can request a screening opinion from the relevant Planning Authority.

A screening request should include a location plan identifying the land, a brief description of the nature and purpose of the proposed development and possible effects on the environment and any other additional information or representation. (should there not be enough information to make an informed decision written request for additional information can be made by the Planning Authority).

The Planning Authority has 3 weeks from the date they receive all the information required to make a decision. The period can be extended with written approval by the applicant.

Once a screening opinion has been made the Planning Authority shall send written confirmation stating if it requires an EIA or not.

Should the Planning Authority not provide a screening opinion in the require time, or determine the proposed development would require an EIA the applicant can appeal/ dispute the decision with the Secretary of State by requesting a screening direction.

If the Planning Authority recommend that an EIA is require it will be advised that a Scoping opinion is undertaken to determine what environmental information is required.

Applicants can request a scoping opinion from the relevant Planning Authority.

A request should include the following information, a location plan that identifies the land, a brief description of the development and its possible effects on the environment and any other information or representation that may be relevant  (should there not be enough information to make an informed decision written request for additional information can be made by the Planning Authority).

The planning Authority has 5 weeks to make a scoping opinion from the date that they received all the relevant information required to consult, statutory consultees and make a decision. The period can be extended with written approval by the applicant. The Planning Authority cannot make a scoping opinion until they have conducted consultations with the person who made the request and statutory consultees.

The Planning Authority would take into consideration specific characteristics of the particular development and environmental features likely to be affected, prior to making a scoping opinion.

Once a scoping opinion has been made the Planning Authority shall send written confirmation stating what environmental Information should be included in an EIA. .

Should the Planning Authority not provide a scoping opinion in the required time, the applicant can appeal/ dispute the decision with the Secretary of State by requesting a scoping direction.

An ES in not necessarily invalid if it does not fully comply with the scoping opinion or director and the fact a scoping opinion or direction has been given does not restrict the Planning Authority requesting additional information.

Information to be included in an Environmental Statement

       1.Description of the development including - physical characteristics of the whole development and the land use during
            construction/ operational

           a Description of the main characteristics of the production process , for instance nature and quantity of the material used

           b Description an estimated , by type and quantity, of expected residues and emissions (eater, air and soil pollution, noise,
               vibration, light, heat radiation, etc resulting from the operation of the proposed development.

           c An estimate, by type and quantity of expected residues and emissions (water air and soil pollution, noise vibration, light,
               heat, radiation, etc) resulting from the operation of the proposed development

       2. An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for his choice,
            taking into account the environmental effects.

       3 A description of the aspects of the environment likely to be significantly affected by the development, including, in particular,
            population, fauna, flora, soil, water, air, climatic factors, material assets, including the architectural and archaeological heritage,
            landscape and the interrelationship between the above factors.

       4. A description of the likely significant effects of the development on the environment, which should cover the direct effects and
            any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of
           the development, resulting from:

           a. the existence of the development;

           b. the use of natural resources

           c. the emission of pollutants, the creation of nuisances and the elimination of waste,

           and the description by the applicant of the forecasting methods used to assess the effects on the environment.

       5. A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the
            environment.

       6. A non-technical summary of the information provided under paragraphs 1 to 5 of this Part.

       7. An indication of any difficulties (technical deficiencies or lack of know-how) encountered by the applicant in compiling the
            required information.

(The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999

If you are unsure if you require an Environmental Statement or what information should be included then please contact the Planning Group in writing via e-mail or post.