Directive 2014/52/EU on environmental impact assessment
Directive 2014/52/EU on environmental impact assessment

The following Planning guidance note provides comprehensive and up to date legal information covering:

  • Directive 2014/52/EU on environmental impact assessment
  • Transposition of Directive 2014/52/EU
  • Amendments to previous EIA regime
  • Brexit and EIA

As of exit day (31 January 2020) the UK is no longer an EU Member State. However, in accordance with the Withdrawal Agreement, the UK has entered an implementation period, during which it continues to be subject to EU law. This has an impact on this content. For further guidance, see Brexit and EIA below, Practice Note: Brexit—the implications for English and Welsh planning law and practice or visit the Planning area of the Brexit toolkit.

Transposition of Directive 2014/52/EU

On 12 March 2014, the European Parliament voted in favour of accepting revisions to the Environmental Impact Assessment (EIA) Directive 2011/92/EU (the 2011 Directive). The amended Directive 2014/52/EU (the 2014 Directive) entered into force on 15 May 2014. It aims to:

  1. improve environmental protection

  2. simplify the rules for assessing the potential effects of proposed developments on the environment, and

  3. reduce administrative burden

Member States had until 16 May 2017 to transpose the amendments introduced by the Directive into national legislation.

From 16 May 2017 onwards, EIA in respect of town and country planning matters is governed by:

  1. the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, SI 2017/571 (the English EIA Regulations) in England, and

  2. the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017, SI 2017/567 (the Welsh EIA Regulations) in Wales

together the ‘EIA Regulations’.

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