Environmental impact assessment: meaning of ‘significant effect’
Produced in partnership with Heather Sargent of Landmark Chambers
Environmental impact assessment: meaning of ‘significant effect’

The following Planning guidance note Produced in partnership with Heather Sargent of Landmark Chambers provides comprehensive and up to date legal information covering:

  • Environmental impact assessment: meaning of ‘significant effect’
  • Introduction
  • Key legislative framework
  • Context
  • Extent of information required
  • The meaning of ‘likely’
  • The test to be applied
  • Mitigation measures at the screening stage
  • Where the development project is an integral part of a more substantial development
  • Guidance
  • more

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.

Introduction

EIA is an assessment of a project's likely significant environmental effects. It enables environmental factors to be given due weight, along with economic or social factors, when planning applications are being considered, as well as the scope for reducing them. It also gives the public and other consultees opportunities to participate in the decision-making procedures relating to projects affecting the environment. 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 (English EIA Regulations), SI 2017/571 in England, and

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

together with the 'EIA Regulations'.

Where a request for a scoping opinion was made, or an environmental statement submitted, before 16 May 2017, projects will continue to be governed by:

  1. the