Preparing an environmental statement
Preparing an environmental statement

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

  • Preparing an environmental statement
  • Context
  • Legislation and guidance
  • Consultation
  • Preliminary consultation
  • Statutory consultees
  • Non-statutory bodies
  • Role of specialist consultant
  • Content of the ES
  • Scoping opinion
  • More...

Preparing an environmental statement

Context

Environmental impact assessment (EIA) is an assessment of a project’s likely significant environmental effects. EIA must be carried out for certain types of projects before they can be granted planning permission. EIA helps to ensure that the importance of the predicted effects, and the scope for reducing them, are properly understood by the public and the local planning authority (LPA) before granting planning permission. See Practice Note: Environmental impact assessments—key points.

An environmental statement (ES) records the findings of the EIA. For developers, the preparation of an ES allows environmental considerations to be fully taken into account at the design stage of the project. Undertaking a comprehensive and thorough EIA may increase the chances of planning permission being granted.

Legislation and guidance

The EIA process is governed by Archived Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment (the Archived Directive). From 16 May 2017 onwards, in respect of town and country planning matters, the Archived Directive it is implemented in England and Wales 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'.

Derived from EU law, the EIA Regulations were made pursuant to the

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