Does the scheme have to undergo a formal Environmental Impact Assessment?

Don't know

The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 require an Environmental Impact Assessment to be undertaken for the following:

1. All Schedule 1 development, eg

• schemes to widen roads from 2 to 4 lanes
• waste disposal installations

2. All Schedule 2 development which:

• is to be carried out in a sensitive area (eg SSSI, SPA/SAC), or
• satisfies the specified threshold or criteria eg
• infrastructure projects over 0.5 hectares
• construction of roads with an area of work over 1 hectare

What should I do if the scheme has to undergo a formal Environmental Impact Assessment?

You will need to ensure that the relevant statutory requirements are met. Please read the information on the 'Yes Section'.

Yes

If the scheme has to undergo a formal Environmental Impact Assessment (EIA), you will need to ensure that the relevant statutory requirements are met.

An Environmental Statement must be submitted with the planning application for such schemes, in accordance with the procedures contained in the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999.

The Environmental Statement should include:

• an assessment of the effects of the scheme on people, wildlife, land, water, air and climate (as appropriate), including indirect effects
• mitigating measures and their likely effectiveness
• an outline of the main alternative approaches to the proposed development that have been considered, and the main reasons for the choice.

It is very important to note that permitted development rights may be withdrawn for certain developments. In which case, a planning application and environmental statement is required, following the same procedures described above. This applies to: All Schedule 1 development
Schedule 2 development which is to be carried out in a sensitive area or satisfies the specified threshold or criteria.

This withdrawal of permitted development rights would, for example, apply to works alongside the highway.

Further Information

DETR. February 2001. Environmental Impact Assessment: A Guide to Procedures.

Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999. Statutory Instruments 1999 No. 293.

The guide and the regulations (which are contained in Appendix 8 of the guide) are available at the Office of the Deputy Prime Minister's website