Environmental Impact Assessment: An Introduction
Christopher Warren MRTPI MRICS
EIA: Contents
1. Definition of an EIA.
2. Legislation and Guidance.
3. When is an EIA required.
4. Screening.
5. Scoping.
6. Undertaking an EIA.
7. Preparation of an ES.
8. Determining a planning application submitted with an ES.
9. Determining a planning application submitted without an ES.
10. Failure to comply with the Regulations.
11. The future of EIA.
EIA: Definition of Environmental Impact Assessment
...a technique for drawing together, in a systematic way, expert quantitative analysis and qualitative
assessment of a projects environmental effects, and presenting the results in a way which enables
the importance of the predicted effects, and the scope for modifying or mitigating them, to be
properly evaluated by the relevant decision making body before a decision is given.
(EU Directive, 85/337/EEC)
the process whereby information about the environmental effects of a project are collated, assessed
and taken into account in reaching a decision on whether the project should go ahead or not.
(DETR, 2000)
a process by which information about likely environmental effects of certain projects are collated,
assessed and taken into account both by the applicant, as part of project design, and by the decision
making body in deciding whether permission should be granted.
(EPOA, 2007)
EIA: Legislation and Guidance
The EIA Directive:
EIA Introduced under EU Directive 85/337/EEC, as amended by Directive 97/11/EC and Directive
2003/35/EC.
Implemented in England and Wales through:
Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations
1999, as amended 2000, 2006 and 2008.
Further guidance:
Circular 02/99: Environmental Impact Assessment.
The Essex Guide to Environmental Impact Assessment (Unofficial).
EIA: When is an Environmental Impact
Assessment required
Schedule 1 Major developments for which an EIA is
required.
Schedule 2 EIA is required for all projects listed
in the first column.
If project meets relevant criteria or
exceeds thresholds in second column.
If project is in a specific sensitive
location.
If project would have significant
environmental effects by virtue of nature,
size or location.
Additional criteria and thresholds for Schedule 2 projects are
outlined within Circular 02/99
EIA: Screening
Applicant decides that project requires an EIA (with or without consultation with the Local
Planning Authority).
Applicant requests a formal Screening Opinion from the Local Planning Authority.
Local Planning Authority adopts a Screening Opinion following submission of a planning
application submitted without an ES.
Local Planning Authority fails to adopt a Screening Opinion and Applicant requests Screening
Direction from the Secretary of State.
Applicant does not agree with the Screening Opinion adopted by the Local Planning Authority and
applies for a Scoping Direction from the Secretary of State.
Secretary of State makes a Screening Direction following the call-in of a planning application or
appeal.
Secretary of State makes a Screening Direction at any time during the determination of a planning
application.
EIA: Screening (Cont)
A request for a Screening Opinion must contain the following
information:
1.Location plan,
2.Brief description of the project,
3.Outline of the potential environmental effects of the project
(including scale),
4. Any other relevant information.
Local Planning Authority has 3 weeks (unless extended period
agreed with the Applicant) to adopt a Screening Opinion.
EIA: Scoping
Applicant decides the potential environmental effects which need to be investigated (with or
without consultation with the Local Planning Authority).
Applicant requests a formal Scoping Opinion from the Local Planning Authority.
Local Planning Authority must consult with the Applicant and relevant consultation bodies,
providing a Scoping Opinion with 5 weeks (unless extended period agreed with the Applicant).
If the Local Planning Authority fails to provide a Scoping Opinion with 5 weeks, the Applicant can
request a Scoping Direction from the Secretary of State.
Secretary of State should give a Scoping Opinion within 5 weeks of receipt of a request.
EIA: Scoping (Cont)
A request for a Scoping Opinion must contain the following information:
1.Location plan,
2.Brief description of the project,
3.Outline of the potential environmental effects of the project (including scale),
4.Any other relevant information.
Schedule 4 contains a list of information which must be included within an EIA Used as a good
basis for a Scoping Opinion request.
Following the submission of an ES the Local Planning Authority or Secretary of State can request
further information not specified within the Scoping Opinion or Direction.
Scoping should be revisited throughout the EIA process, including
continuous consultation with the Local Planning Authority and relevant
consultation bodies.
EIA: Undertaking an Environmental Impact
Assessment
The process of undertaking an EIA can be broadly split into 6 key subject areas:
1.Baseline Assessment Establish the current environmental conditions of the site and its
surroundings.
2.Review of Policies and Plans Applicant should consider the relevant national policy and
development plan policies.
3.Identification of Impacts Consider the potential impacts that may arise as a result of the
project at all likely receptors.
4.Evaluation of Significance of Impacts Categorise impacts in terms of significance and duration.
5.Identification of Mitigation Measures Propose relevant mitigation to reduce impacts.
6. Residual Impacts Indentify impacts that cannot be mitigated and propose methods to
monitor and manage.
An EIA must consider Alternatives.
EIA: Preparation of an Environmental Statement
An ES is prepared to aid the Local Planning Authority or Secretary of State in determining a
planning application.
There is no statutory requirements on the form of an ES, but it must contain the information
listed in Schedule 4.
DoE: Good Practice Guide to the Preparation of Environmental Statements, suggests the following
format for an ES:
Non-technical summary.
Method statement.
Conclusions of Scoping Exercise the key issues.
Description of the project, site and surroundings including alternatives.
Plans and policies context.
Assessment of environmental effects by topic area.
Inter-relationships/conclusions.
Appendices technical data.
EIA: Determining a Planning Application submitted
with an ES
Local Planning Authorities have 16 weeks (unless extended
period agreed with Applicant) to determine planning
applications submitted with an ES.
Determination of the planning application includes a review
of the technical information provided within the ES and
analysis of responses received from relevant consultation
bodies.
Additional information may be requested following the
submission of the planning application and ES If additional
information is submitted additional consultation and
publicity maybe required.
EIA: Determining a Planning Application submitted
without an ES
Upon receipt of a planning application which may require an
ES but does not have one, the Local Planning Authority should
check the planning register for a Scoping Opinion or Direction.
If no Scoping Opinion or Direction exists the Local Planning
Authority should adopt one within 3 weeks (unless extended
period agreed with the Applicant).
If Scoping Opinion adopted, the Applicant has 3 weeks to
respond to the Local Planning Authority if no response
received the application is deemed to have been refused.
If the Applicant intends to submit an ES, the 16 week period
for determination does not commence until the ES is
submitted.
EIA: Failure to Comply with the Regulations
Domestic Court
Failure to comply with the Regulations could make a planning permission unlawful and lead to it being
quashed.
European Commission
Third parties can appeal to the European Commission that the EU Directives have not been complied
with and that planning permission was granted incorrectly or that the ES was based on inadequate
information.
EIA: The Future of Environmental Impact Assessment
The Town and Country Planning (Environmental Impact Assessment) Regulations 2010
Consultation
The Consultation paperexplains amendments for screening changes and extensions, and also the
requirement for the competent authority to provide reasons for screening decisions.
Proposed Amendments:
Proposals to Change or Extend Existing Developments Thresholds in Schedule 2 should apply to
development as a whole and not just the change or extension.
Reasons for Negative Screening Decisions Reasons why an EIA is not required should be included
within Screening Opinions or Directions.
Multi-Stage Consents Remove the requirement for consultation on the approval of reserved
matters where an ES was submitted with the planning application for outline consent.
Other Changes Including amendments in relation to Wind Farms and
Carbon Capture Storage.
Delete and Replace Circular 02/99.
