Environmental Impact Assessment
An EIA is a procedure to ensure the environmental consequences of proposed projects are identified and assessed appropriately. Introduced by Directive (85/337/EEC) as amended, on the assessment of the effects of certain public and private projects on the environment.
Introduction
The aim of Environmental Impact Assessment is to protect the environment by ensuring that a local planning authority when deciding whether to grant planning permission for a project, which is likely to have significant effects on the environment, does so in the full knowledge of the likely significant effects, and takes this into account in the decision making process. The regulations set out a procedure for identifying those projects which should be subject to an Environmental Impact Assessment, and for assessing, consulting and coming to a decision on those projects which are likely to have significant environmental effects.[1]
The aim of Environmental Impact Assessment is also to ensure that the public are given early and effective opportunities to participate in the decision making procedures. See Before submitting an application and Consultation and pre-decision matters.[1]
Legisation covering Environmental Impact Assessment
EIA in the context of town and country planning in England is governed by the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. These regulaitons apply to development which is given planning permission under Part III of the Town and Country Planning Act 1990. [1]
These regulations apply the amended EU Directive 2011/92/EC on the assessment of the effects of certain public and private projects on the environment (usually referred to as the ‘Environmental Impact Assessment Directive’) to the planning system in England[1].
Overview of the Stages of an EIA
There are five stages to an EIA:
Screening
Determining whether a proposed project falls within the remit of the Regulations, whether it is likely to have a significant effect on the environment and therefore requires an assessment.
Scoping
Determining the extent of issues to be considered in the assessment and reported in the Environmental Statement. The applicant can ask the local planning authority for its opinion on what information needs to be included (known as a ‘scoping opinion’).
Preparing an Environmental Statement
The Environmental Statement must include at least the information reasonably required to assess the likely significant environmental effects of the development listed in regulation 18(3) and comply with regulation 18(4).
The Environmental Statement must contain the information specified in regulation 18(3) and must meet the requirements of regulation 18(4). It must also include any additional information specified in Schedule 4 to the 2017 Regulations which is relevant to the specific characteristics of the particular development or type of development and to the environmental features likely to be significantly affected.
Making a Planning Application and consultation
the Environmental Statement (and the application for development to which it relates must be publicised electronically and by public notice. The Statutory 'consultation bodies' and the public must be given an opportunity to express their views about the proposed development and the Environmental Statement [1].
Development covered by the Regulations
The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (the 2017 Regulations) apply to England only, except for provisions relating to national defence projects in Northern Ireland, Scotland and Wales. They apply to: [1].
- planning applications - received by a local planning authority or which are referred to the Secretary of State for determination;
- "subsequent applications" i.e. applications for approval of a matter which is required by an extant planning permission and which must be obtained before all or part of the development permitted by the planning permission may begin;
- a local planning authority's own development;
- a development permitted by simplified planning zone schemes, enterprise zone orders, local development orders and neighbourhood development orders (Part 7 of the 2017 Regulations);
- development whcih is subject to a planning enforcement notice (Part 8 of the 2017 Regulations);
- applications to review a mineral permission and for approval of conditions (Part 9 of the 2017 Regulations);
- development whcih is carried out under permitted development rights;
- applications under section 73 of the Town and Country Planning Act 1990 to carry out development without complying with a condition attached to an existing planning permission;
- crown development;
- demolition; and
- EIA orders and permissions.
The Regulations also apply to development with significant transboundary effects (regulations 58 and 59).