The Environmental Impact Assessment (EIA) process is designed to ensure any significant effect a project may have on the environment is taken into account when considering whether to grant planning permission. This includes the Town and Country Planning regime and Development Consent Orders.

EIA regulations broadly align across the UK’s devolved nations though there are minor, but important, differences. The legislative framework can be complex and litigious; deficiency in following EIA procedure can be the root cause of planning permissions or consents being quashed.

Proposals for large infrastructure projects, some industrial processes and quarrying fall under Schedule 1 of the EIA regulations and must be supported by an EIA. Local planning authorities (LPAs) or the Secretary of State determine whether an EIA is required for other proposals under Schedule 2 of the EIA regulations.

For Schedule 2 development, a developer may ask the LPA for a ‘screening opinion’ to confirm whether an EIA is required. Projects in, or partly in, certain sensitive locations such as Sites of Special Scientific Interest and National Parks need to be screened even if they fall below the set Schedule 2 thresholds and criteria.

Screening opinion requests are made early in the project design stage so that any EIA requirements can be accommodated. If after screening an EIA is deemed necessary, an Environmental Statement (ES) must be prepared and submitted as part of the application. If a request is not made by a developer then it is the LPA’s duty to screen the proposal at submission.

If an EIA is required, then a scoping exercise is undertaken. Scoping is a process to identify key potential significant effects of a project. Scoping opinions determine what environmental topics, issues and assessment methods are used in an ES. Scoping is not mandatory but the ES must be based on the Scoping Opinion. Consultation with the LPA, and statutory consultees, is therefore crucial to ensure the scope of the EIA is reasonable and proportionate.

Once submitted, the ES is subject to public consultation and examination by the authority before a reasoned conclusion on the significant effects of the proposed development is considered as part of the decision-making process for planning permission.

Further information

Contact Laura Williams or Joshua Price

Contact Savllls Planning