The Environmental Impact Assessment (EIA) procedure must be followed for certain types of development before they are granted consent and normally before a planning application is submitted. As the name implies it provides a full assessment prepared by the applicant of all environmental considerations in relation to a development proposal. The process of dealing with EIA is set out in legislation Environmental impact assessment: a guide to procedures.
An Environmental Statement (ES) which forms part of the EIA is always required for Schedule 1 projects and may be required for Schedule 2 projects. Details of the types of development that fall in to Schedule 1 and 2 can be found in the guide to procedures link below.
The procedure allows for a stepped approach. It seeks to ensure that the importance of the predicted environmental effects of a development, and the scope for reducing them, are properly understood by the public and the Council before it makes its decision when a planning application is submitted. The first two stages are technical in nature, these are as follows.
The regulations make the provision that a developer can request a ‘screening opinion’ (i.e to determine whether an ES is required) from the Planning Service before submitting an application.
This assessment is made in relation to the criteria set out in the regulations. As such this decision, similar to other local authorities is delegated to officers in RBK.
Screening opinions will be placed on the ‘Public Register’ and help raise awareness that an EIA will be needed for certain types of development. A diagram showing the procedure for screening opinions is set out below.
If the Planning Authority determines that an ES is required the applicants can seek advice on the contents of the ES by requesting a ‘Scoping Opinion’.
A Scoping opinion is a technical piece of work which requires professional opinion on what content and extent of matters require to be covered in the ES. These are prepared by the applicant and determined by the local authority. Due to the technical nature of the document the regulations require statutory consultees are consulted such as the Environment Agency and Highways Agency.
However for a similar reason the whilst the document is placed on the public register, the public are not consulted. A diagram showing the procedure for dealing with scoping opinions is set out below. The public will off course have the opportunity to comment when the Environmental Impact Assessment is submitted, which will take place before any decision in made in relation to an application.