The applicant is responsible for the preparation of the Environmental Statement. In order to ensure the completeness and quality of the Environmental Statement, the applicant must ensure that it is prepared by competent experts and that it is accompanied by a statement from the developer outlining the relevant expertise, or qualifications of such experts, sufficient to demonstrate that this is the case.
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 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.
The applicant does not need to consult anyone about the information to be included in an Environmental Statement. However, local planning authorities will often possess useful local and specialised information and may be able to give preliminary advice on those aspects of the proposal that are likely to be of particular concern to the applicant.
It may also be helpful to an applicant preparing an Environmental Statement to obtain relevant environmental information from the statutory consultation bodies as is provided for in regulation 17 of the Regulations and also to consult any appropriate non-statutory bodies that also have relevant information.
The Environmental Statement should be proportionate and not be any longer than is necessary to assess properly those effects. Where, for example, only one environmental factor is likely to be significantly affected, the assessment should focus on that issue only. Impacts which have little or no significance for the particular development in question will need only very brief treatment to indicate that their possible relevance has been considered.
Where alternative approaches to development have been considered, the Environmental Statement should include a description of the reasonable alternatives studied which are relevant to the proposed development and its specific characteristics and provide an indication of the main reasons for the choice made, including a comparison of the environmental effects see regulation 18 3 d.
The Environmental Statement may, of necessity, contain complex scientific data and analysis in a form which is not readily understandable by the lay person.
The main findings must be set out in accessible, plain English, in a non-technical summary, to ensure that the findings can more readily be disseminated to the general public, and that the conclusions can be easily understood by non-experts as well as decision-makers see regulation 18 3 e. An applicant is not required to consult anyone about the information to be included in an Environmental Statement. There is no right to seek a formal scoping opinion once a planning application has been submitted.
When making a request for a scoping opinion, the applicant must, as a minimum, provide the information set out in regulation 15 2. A request for a scoping opinion may be made at the same time as a request for a screening opinion.
A local planning authority must request additional information if it considers that it has not been provided with sufficient information to adopt a scoping opinion see regulation 15 3. The local planning authority must consult the consultation bodies and the applicant before providing a scoping opinion regulation 15 4.
It must provide its opinion within 5 weeks or longer if agreed in writing with applicant of receiving a request. The opinion should be proportionate, tailored to the specific characteristics of the development and the main environmental features likely to be significantly affected.
Regulation 28 sets out the requirements for making the scoping request and opinion available to the public. If a local planning authority fails to adopt a scoping opinion within the appropriate time period, the person who requested the scoping opinion may ask the Secretary of State to make a scoping direction.
Regulation 16 sets out the procedure for requesting a scoping direction. Where a scoping opinion or direction has been issued, an Environmental Statement must be based on the most recent scoping opinion or direction issued, so far as the proposed development remains materially the same as the proposed development which was subject to the opinion or direction.
The Environmental Statement must include the information that may reasonably be required to enable the local planning authority or Secretary of State to come to a reasoned conclusion on the significant effects of the proposed development on the environment.
Therefore, where it becomes evident during the assessment process, for example, when undertaking a baseline survey, that a particular environmental factor is absent or unlikely to be significantly affected by a proposed development, there should be no need for further assessment of that factor even though it was identified in the scoping process. In such cases, the reasons for not undertaking further, more detailed assessment of that particular factor should be clearly set out in the Environmental Statement.
Under the Environmental Information Regulations public bodies must make environmental information available to any person who requests it. The consultation bodies are only required to provide information already in their possession. There is no obligation to make available information which is capable of being treated as confidential under the Environmental Information Regulations The Regulations supplement these provisions in cases where an applicant is preparing an Environmental Statement.
Once an applicant has given the local planning authority notice under regulation 17 1 that it intends to submit an Environmental Statement, the local planning authority must inform the consultation bodies and remind them of their obligation to make available, if requested, any relevant non-confidential, information in their possession.
The local planning authority must also notify the applicant of the names and addresses of the bodies to which they have sent such a notice. The purpose of the Environmental Impact Assessment Directive is to assess the significant effects of a development on the environment. Consequently, it is necessary for the Environmental Statement to include the information specified in regulation 18 and any additional information specified in Schedule 4 which is relevant to the specific characteristics of the development and to the environmental features likely to be affected.
The Regulations do not require an applicant to consider alternatives. However, where alternatives have been considered, paragraph 2 of Schedule 4 requires the applicant to include in their Environmental Statement a description of the reasonable alternatives studied for example in terms of development design, technology, location, size and scale and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.
These include:. Please refer to the consultation chapter for updated guidance in response to the coronavirus COVID pandemic. It is the responsibility of the local planning authority or the Secretary of State, as appropriate, to perform their duties under the regulations in an objective manner, avoiding conflict of interest.
Where the local planning authority, or the Secretary of State, will decide their own application, the authority, or Secretary of State must ensure that there is a functional separation of duties within their organisation between those persons bringing forward the proposal for development and those persons responsible for determining that proposal regulation When an applicant intends to submit a planning application with a statement which they refer to as an Environmental Statement, the applicant should send the local planning authority all the documents which must normally accompany a planning application as well as the Environmental Statement regulation Applicants should also make copies of the Environmental Statement available to the public, either free of charge or at a reasonable cost reflecting printing and distribution costs.
The planning application and the Environmental Statement should be publicised in accordance with the procedures set out in article 15 and article 16 of, and Schedule 3 to the Town and Country Planning Development Management Procedure England Order Schedule 3 to the Order contains the appropriate form for the notices to be published in the local press and posted on site, which must:.
Copies of the Environmental Statement and the application must be sent to those consultation bodies that have not received one directly from the applicant.
Any particular persons or bodies including non-governmental organisations promoting environmental protection whom the local planning authority is aware are likely to be affected by, or have an interest in, the application, but are unlikely to become aware of it through a site notice or local advertisement, should be sent equivalent information to that publicised in the newspaper notice, so that they may obtain a copy of the Environmental Statement and comment or make representations if they wish.
The local planning authority must send a copy of the Environmental Statement and planning application to the Secretary of State within 14 days of receipt. The Environmental Statement must be placed on Part I of the planning register, as should any related screening or scoping opinion or direction as soon as possible after publication. Where an applicant submits an Environmental Statement after the planning application has been submitted, the applicant is responsible for publicising the Environmental Statement regulation The applicant must publish notices in the local press and submit a copy of the notice with the Environmental Statement when submitted.
The applicant must also serve a notice with the required information to those persons or bodies who would otherwise be unaware of the Environmental Statement and who may have an interest in, or be affected by, the proposed development.
When the copies of the Environmental Statement are submitted to the local planning authority, they must be accompanied by certificates stating that the publicity arrangements have been met.
The local planning authority should also ensure that the Environmental Statement and other relevant documents are made available on their website. There are specific arrangements for considering and determining planning applications that have been subject to an Environmental Impact Assessment.
These arrangements include consideration of the adequacy of the information provided, consultation, reaching a reasoned conclusion on the significant environmental effects of the proposed development, publicity, and informing the consultation bodies and public of both the decision and the main reasons for it. The local planning authority must take into account the information in the Environmental Statement, the responses to consultation and any other relevant information when determining a planning application.
The local planning authority should check that the submitted Environmental Statement contains all the information specified in regulation 18 3 or 4 , as appropriate, and any additional information specified in Schedule 4 to the 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.
If the local planning authority considers that further information is required, they must ask the applicant, in writing, to provide it regulation All information provided must be publicised, and consulted on. The local planning authority, the Secretary of State or an Inspector may also require an applicant or appellant to produce evidence to verify any information in the Environmental Statement. The 16 weeks time limit for determination of an Environmental Impact Assessment application continues to run while any correspondence about the adequacy of the information in an Environmental Statement is taking place.
The Secretary of State may request further information for the purposes of determining an appeal under provisions in the Town and Country Planning Act This includes local inquiries held into planning appeals arising under section 78 of the Town and Country Planning Act and into planning applications referred to the Secretary of State under section 77 of the Town and Country Planning Act If the request specifically states that the information is to be provided for an inquiry or hearing, the publicity procedures set out in regulation 25 3 to 11 do not apply.
However, such information, together with additional information provided voluntarily by the appellant for the purposes of a local inquiry, will be regulated by the Inquiry Rules relating to the submission of evidence to local planning inquiries The Town and Country Planning Inquiries Procedure England Rules Local planning authorities are required to send a copy of every Environmental Statement and related planning application to the Secretary of State Planning Casework Unit within two weeks of receipt.
As a proportion of all planning applications, the number of developments in England that are likely to have significant effects on the environment of another country will be small. However, should they occur, the Secretary of State must send information about the development to the government of the affected country, and invite them to participate in the consultation procedures, determining with them a reasonable timescale to allow them to do so.
In such a case, the Secretary of State may direct article 31 1 of the Town and Country Planning Development Management Procedure England Order that planning permission may not be granted until the end of such time as may be necessary for consultations with that government. See the Espoo Convention. Where a valid planning application and Environmental Statement have been received by the local planning authority, they must determine the application within 16 weeks beginning with the day immediately following the day of receipt of the application and Environmental Statement regulation 68 2.
This period may be extended by written agreement between the local planning authority and the applicant. Where an Environmental Statement has not been submitted with a planning application but the applicant indicates that they propose to provide one, consideration of the application should be suspended until the Environmental Statement has been received regulation 20 8.
If planning permission or subsequent consent is to be granted, the local planning authority or Secretary of State must consider whether it is appropriate to impose monitoring measures regulation Local planning authorities should bear in mind that existing monitoring arrangements under other regulatory regimes may be used if appropriate, with a view to avoiding duplication. In all cases, authorities should ensure that all measures are proportionate to the nature, location and size of the relevant project and its effects on the environment.
Monitoring should not be used as a general means of gathering environmental information; rather it is a means of monitoring, where appropriate, any mitigating measures identified through the Environmental Impact Assessment process.
Local authorities should consider whether to include, where appropriate, provisions for any potential remedial action to be taken. Mitigation measures proposed in an Environmental Statement are designed to limit or remove any significant adverse environmental effects of a development.
Local planning authorities will need to consider carefully how mitigation measures proposed in an Environmental Statement are to be secured. Where it is considered appropriate that monitoring measures are attached to a planning permission, this can be achieved through the use of existing mechanisms such as planning conditions and planning obligations.
Regardless of the mechanism used, authorities should ensure that provisions are clear and precise, to ensure clarity for all parties concerned.
Conditions attached to a planning permission or subsequent consent may include mitigation measures. Mitigation measures can also be secured through planning obligations which are enforceable by the local planning authority.
Planning obligations may be entered into unilaterally by a developer or by agreement between a developer and the local planning authority. The notification and publicity requirements for the Environmental Impact Assessment determination decision are set out in regulation View a flowchart PDF , In cases where a consent procedure involves more than one stage a multi-stage consent , for example, a first stage involving an outline planning permission and a second stage dealing with reserved matters, the effects of a project on the environment should normally be identified and assessed when determining the outline planning permission.
See more information on multi-stage consents. PDF , 32KB , 1 page. PDF , However, if those effects are not identified or identifiable at the time of the principle decision, an assessment must be undertaken at the subsequent stage. If sufficient information is provided with the application for planning permission, the local planning authority should determine whether an Environmental Impact Assessment undertaken at that stage will take account of all potential environmental effects of the project.
This is because it is not possible to eliminate entirely the possibility that it will not become apparent until a later stage that the project is likely to have significant effects on the environment. In that event, account will have to be taken of all the aspects of the project which have not yet been assessed, or which have been identified for the first time as requiring assessment. The figures in column 3 are indicative only and are intended to help determine whether significant effects are likely.
However, when considering the thresholds, it is important to also consider the location of the proposed development. In general, the more environmentally sensitive the location, the lower the threshold will be at which significant effects are likely. It follows, therefore, that the thresholds below should only be used in conjunction with the general guidance on determining whether Environmental Impact Assessment is required and, in particular, the guidance on environmentally sensitive areas.
Column 4 illustrates the issues that are most likely to need to be considered for different development types. However, there will be other issues which will be specific to the nature of the environmental receptor.
For example, ecological impacts are likely to be an issue for all development which is proposed to be located in a Site of Special Scientific Interest designated for its wildlife value. Revision date: 20 07 See previous version. PDF , KB , 14 pages. Revision date: 26 03 See previous version. Added links to the Consultation and pre-decision matters chapter for updated guidance in response to the coronavirus COVID pandemic.
You can usually expect a decision from Natural England within about 10 weeks of submitting your environmental statement. Once consent has been given, then the work must commence within one year and be finished within three years. It depends on the site and the size of the project, but realistically you should start the process at least one year before you want to begin the work, suggests Mr Hargreaves.
In some cases it may need longer depending on what surveys are needed and at what time of the year. What if I start work and then find out I should have applied to Natural England? Breaching the regulations risks prosecution plus a fine and being made to reinstate the land to how it was before the works were carried out.
Also, treatment of uncultivated and semi-natural land comes within the cross compliance regulations so you also risk an SFP penalty.
There are separate rules for forestry. There is no application charge, nor is there any fee for screening or scoping opinions. However, some farmers making an application under these regulations may need consultancy help. Sign in. Suzie Horne 25 January Sounds worrying — what exactly are they? They most commonly come into play in these situations: When there are plans to plough grassland.
When hedges, fencing or ditches are being removed or large quantities of earth or stone moved. Mitigation involves taking measures to reduce or remove environmental impacts and it can be seen that the iterative nature of the EIA process is well demonstrated here. For example, successful design of mitigation measures could possibly result in the removal of all significant impacts; hence a new screening exercise would reveal that there might have been no need to carry out a formal EIA had the mitigation measures been included from the start.
The outcome of an EIA is usually a formal document, known as an environmental impact statement EIS , which sets out factual information relating to the development, and all the information gathered relating to screening, scoping, baseline study, impact prediction and assessment, mitigation, and monitoring measures. It is quite common that a requirement of an EIS is that it also produces a non-technical summary.
This is a summary of the information contained within the EIS, presented in a concise non-technical format, for those who do not wish to read the detailed documents. This is the body with the authority to permit or refuse development applications. The competent authorities are often in a position of having very little time to make a decision and have a detailed and lengthy EIS to read through which may contain errors, omissions, and developer bias.
It is essential, therefore, that they review the document. Review can take a number of forms: it may be purely an ad hoc process whereby the document is read and commented on by decision-makers; it can be more formalised and expert opinion is sought; or it can be through the use of formal review methods designed specifically for the purpose. Basically, the review process should enable the decision-maker to decide whether the EIS is adequate eg whether it is legally compliant , whether the information is correct, and whether it is unbiased.
If it is, they are then in a position to use the EIS as information to be considered in determining whether the project should receive consent. This issue of review is discussed in more detail elsewhere in this module.
The competent authority is now in possession of the information they require about the possible effects of the development on the environment. They will use this information, in combination with all of the other details and representations they have received, to help them come to a decision. Follow up relates to the post-approval phase of EIA and encompasses monitoring of impacts, the continued environmental management of a project, and impact auditing.
Without any form of follow up EIA would operate as a linear rather than an iterative process, and an important step towards achieving environmental protection will also have been omitted.
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