Procedural requirements for environmental statements and decisions on EIA applications
Procedural requirements for environmental statements and decisions on EIA applications

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

  • Procedural requirements for environmental statements and decisions on EIA applications
  • Legislation
  • Context
  • Submission of ES with planning application
  • Publicity requirements for EIA applications
  • Site and press notices
  • Copy to consultation bodies
  • Copy to SoS/Welsh Ministers
  • Planning register
  • Publicity requirements where ES is submitted after planning application
  • More...

Procedural requirements for environmental statements and decisions on EIA applications

Coronavirus (COVID-19): This Practice Note contains guidance on subjects potentially impacted by the government’s response to the coronavirus outbreak (see: Impact of coronavirus (COVID-19) on EIA). For further updates on key developments and related practical guidance on the implications for lawyers, see: Coronavirus (COVID-19)—Planning and the Coronavirus (COVID-19) toolkit.

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'.

The EIA Regulations transpose into English and Welsh law the changes made by Archived Directive 2014/52/EC to Archived Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment, as they had effect immediately before IP completion day, in so far as they govern town and country planning matters. See Practice Note: Directive 2014/52/EU on environmental impact assessment and Planning analysis: New Environmental Impact Assessment Regulations made for more background.

Derived from EU law, the EIA Regulations were made pursuant to the European Communities Act 1972 (ECA 1972), which was repealed from 31 January 2020 (Exit Day) by the European Union (Withdrawal) Act 2018 (EU(W)A 2018).

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