Environmental impact assessments and Development Consent Orders
Environmental impact assessments and Development Consent Orders

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

  • Environmental impact assessments and Development Consent Orders
  • Context
  • Legislation and guidance
  • What is EIA development?
  • Environmental statement (ES)
  • Preliminary Environmental Information (PEI)
  • Pre-application consultation
  • Notification of the EIA consultation bodies
  • What must be included with the DCO application?
  • Good practice

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 Practice Note: Brexit—the implications for English and Welsh planning law and practice or visit the Planning area of the Brexit toolkit.

Context

The Planning Act 2008 (PA 2008) sets out a development consent regime for nationally significant infrastructure projects (NSIPs) in the fields of energy, transport, water, waste water, and waste.

Applications for development consent orders (DCOs) are decided in accordance with National Policy Statements (NPSs), which set out the national policy in relation to NSIPs. See Practice Notes: Permission for nationally significant infrastructure projects and National Policy Statements.

Environmental impact assessment (EIA) is a process whereby a project’s likely significant environmental effects are assessed and taken into account in the process of determining whether development consent should be granted. It ensures environmental impacts are given due weight, along with economic or social factors, and allows the public to participate in environmental decision-making procedures. EIA is required in certain circumstances in the DCO process in order to discharge the duty under EU Directive 2011/92/EU of 13 December 2011 on the assessment