Feature

An overview of Environmental Impact Assessment

EIA: what it is, when it’s needed, the processes involved and tips for reviewing reports.

What is Environmental Impact Assessment (EIA)? 

EIA is a tool that is used to assess the potential impacts of a development on the environment. It only applies to certain development proposals which are likely to have significant environmental effects due to their type or scale (eg a new power station, large housing development, major roads) or is located within a sensitive area (eg, a Site of Special Scientific Interest or a Special Protection Area).

The EIA process allows for any significant effects on the environment, and any measures to avoid, reduce and compensate for such effects, to be identified early on in the planning process so they are properly understood by the applicant, public and the decision maker. Where the EIA procedure shows that a development will have significant adverse effects on the environment, this does not automatically mean that planning permission must be refused. It remains the role of the local planning authority (LPA) to judge each planning application on its merits within the context of the development plan, taking account of all material considerations, including the environmental impacts. 

The relevant legislation in Scotland is the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. Different EIA regulations apply in England, Northern Ireland and Wales, as well as for marine and Energy Consents applications. 

When is an EIA required? 

EIA may be necessary for any planning application whose location, scale or nature are likely to have significant effects on the environment.

The EIA Regulations 2017 set out types of development and thresholds to help developers and LPAs determine whether an EIA is required. These thresholds are set out in Schedule 1 and 2 of the EIA Regulations.

The types of development that will always require an EIA, such as airports, motorways and nuclear powers stations, are listed in Schedule 1 of the EIA Regulations. Development that could require EIA, if it is located within a sensitive area or exceeds certain thresholds and is likely to have significant effects on the environment, is set out in Schedule 2 (eg, an urban development project exceeding 0.5 hectares in size). It is for the planning authority to decide whether such development requires an EIA. This is done through a formal EIA screening process.

What is the EIA process?

Screening  

To confirm whether an EIA is required or not for a Schedule 2 development, an applicant can request a ‘screening opinion’ from the planning authority. The planning authority will require an EIA if the development proposal falls within certain guidelines, as outlined above. 

The developer must submit certain information to allow this screening decision to be made, such as the location of the site, a description of the proposed development and description of the aspects of the environment likely to be significantly affected. Special consideration should be given to proposals potentially affecting sensitive areas.. The developer is unlikely to have all the information about the proposal at this stage, but it should be enough for the planning authority to take a view.

If an applicant does not request a screening opinion but submits an application that is a Schedule 2 development, then this needs to be screened for EIA at the application stage. If the planning authority deems that EIA is needed, they cannot determine the application before an EIA is carried out .

Scoping  

If the proposed development requires an EIA, the issues to be considered in the assessment need to be determined. This is known as the ‘scoping’ stage. An applicant can ask the planning authority for its opinion on what information needs to be included (a ‘scoping opinion’) but this isn’t compulsory.  

When it is very likely that an EIA is required for a development proposal, screening and scoping requests/opinions may be dealt with together. 

There is no public consultation on whether a development proposal needs an EIA, however screening and scoping requests and opinions must be made available for public inspection by the planning authority. The planning authority has 21 days to issue a screening opinion and 35 days to issue a scoping opinion unless a longer period is agreed with the applicant. 

The Old Man of Hoy

Top tip

If you become aware of any screening or scoping applications, check the documents on the online planning register to find out if a proposal is considered to be EIA development, and which elements are to be assessed. If you think likely impacts have not been considered, make your views known by submitting comments to the planning authority.

Requests for screening and scoping opinions will have different reference numbers as they are separate applications that generally precede the submission of a planning application for an EIA development.

EIA Report

Where EIA is required, the report that is produced and submitted with the application is called an EIA Report (EIAR). It is the applicant's responsibility to prepare the EIAR and submit it with their planning application. The EIAR must include certain information that is outlined in the EIA Regulations.

The EIAR must be published for consultation with the other planning application documents. The statutory consultation bodies, including NatureScot, and the public must be given an opportunity to give their views about the proposed development and the EIAR.  

A planning application proposing EIA development has a determination period of 16 weeks, in which the planning authority should make a decision on the application. This should give all interested parties more time to consider the impacts of the proposal.  However, it is not unusual for complex cases to take longer than this, and the planning authority can agree with the applicant that a longer period of time will be taken to issue a decision.

What should an EIA application include?

The EIA Regulations state that an EIA must assess the likely significant effects (direct and indirect) of a development on the environment, specifically the following factors:

Population and human health

Biodiversity

Land, soil, water and climate

Material assets (eg, built and natural assets such as energy infrastructure, transport, flood protection and amenity spaces), cultural heritage and the landscape

An EIA therefore covers much more than an ecological assessment, which solely focuses on species and habitats (an assessment of ecological impact will make up the biodiversity section of an EIAR). Factors to be included within an EIA will vary depending on the individual development proposal.  

Who is qualified to carry out an EIA? 

The applicant must ensure that the EIA Report is prepared by competent experts and is accompanied by a statement outlining their relevant expertise, or qualifications, sufficient to demonstrate that this is the case. Most such professionals will also be members of a relevant accrediting body, such as the Chartered Institute of Ecology and Environmental Management (CIEEM), which is a good indication of the standard of their expertise. Surveyors or other report authors will usually list their accreditations, along with any other relevant academic qualifications (such as a Master of Science (MSc) degree), after their name.

Black Grouse

Top tip

If a planning application doesn’t have an EIAR and you believe that it should, you should raise your concerns with the planning authority and specifically with the planning officer dealing with the case. You should also alert relevant statutory consultees, such as NatureScot, who may be able to support and amplify your concerns and make representations to the planning authority. 

What to look out for when reviewing EIAs

If you’re reviewing an EIA scoping report, make sure that it has identified all the important wildlife you know to be present on the site or immediate surrounding area. For example:

Does the scoping report identify all the protected sites (such as local wildlife sites or nationally designated sites such as Sites of Special Scientific Interest) in the area potentially affected?

Have all important species you know to use the site or immediate surrounding area been identified for impact assessment? (our Recording Wildlife guide will give you an idea of which species are likely to carry most weight – see link at the end)

Are the timings and methods of any proposed surveys suitable for the species you know to be present eg, ensure wintertime surveys are proposed if you know the site is important for wintering birds.

Have all existing sources of data that you know of been identified? If you have collected any wildlife records yourself that could be relevant, it is always best to ensure that these are made available to the applicant or their consultants as early as possible in the process – you can always agree terms for their use of the data.

If you are reviewing the final Environmental Impact Assessment Report (EIAR), you should recheck the above points, even if you have already made comments on any of these at the scoping stage. In addition, you may wish to consider the following:

Has the EIAR thoroughly assessed all the possible impacts that could arise both during construction and longer-term use/operation of the new development? For example, if the proposed development is for new housing, has the report included assessment of the ‘indirect effects’ arising from occupants of the new houses, such as recreational disturbance to nearby wildlife sites?

In your view, is the predicted scale of the likely impacts appropriately assessed (based on your knowledge or, better still, published research you are aware of), and is the assessment sufficiently precautionary where effects are harder to predict (such as where published research to show likely behavioural responses of the species concerned is lacking)?

Where mitigation or compensation measures are proposed to protect wildlife or other interests, are these appropriate and likely to be effective based on your local knowledge of the species or habitats concerned (or based on experience from elsewhere)? If long term management or monitoring is needed, is it clear who will undertake this, for how long, and how will it be secured and funded?

If you’re unsure about the conclusions of an EIAR on wildlife, you can always seek advice from a local wildlife expert (eg, local branches of the Scottish Wildlife Trust or the Mammal Society) who may be able to help confirm or alleviate your concerns. However, do bear in mind that these organisations often have limited time and resources, so it’s best to ask them specific questions rather than to ask them to read whole chapters of the EIAR or other related documents.

Finally, if you think that any part of the EIAR is inadequate – object! Make it clear in your objection why you feel the assessment isn’t fit for purpose and send it to the planning authority within the consultation deadline. If the planning authority agrees, the applicant may be required to provide further information to satisfy the requirements of the EIA Regulations, which will be considered as part of the application process.