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A detailed assessment of the possible positive or negative impacts that a proposed project may have on the natural, social and economic environment.
Environmental impact assessments (EIAs) are used to ensure that decision makers consider the potential environmental impacts of a proposed project. It is likely that large-scale projects or developments where there is an obvious potential for environmental damage will require an EIA, however, a small-scale project in or close to a sensitive area can have effects just as damaging as those from large-scale developments, so may also require an EIA.
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Submitting a planning application—checklist Has the correct application form been used? If the application is not submitted in the correct form or is not accompanied by the required information, it will be invalid and the local planning authority (LPA) can refuse to validate it. The determination period does not begin until the date that the application is validated. The application must be made using either: • an online form, via the Planning Portal • the standard 1APP form, or • a paper form, downloaded from the relevant LPA’s website See Practice Note: Applying for planning permission—procedure. Have the statutory national information requirements been satisfied? Is the application form accompanied by: • a location plan and a red-line site plan? • any other plans, drawings and information necessary to describe the development? • in England, information relating to the biodiversity gain condition? • completed certificates of ownership, stating any freehold interests, or leasehold interests of not less than seven years? • copies of notices to all owners of the application site?...
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Environmental impact
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Key informationEU EIA DirectiveTitleDirective 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (codification) (the EU EIA Directive)Entry into Force2 January 2012Amending DocumentsDirective 2014/52/EU of the European Parliament and of the Council of 16 April 2014 amending Directive 2011/92/EU on the assessment of the effects of certain public and private projects on the environment. In force: 15 May 2014SubjectPlanning; Environmental impact assessmentBackgroundEnvironmental Impact Assessment was originally governed in the EU by Council Directive 85/337/EEC of 27 June 1985 (the 1985 EIA Directive), which entered into force on 3 July 1985 with a transposition deadline of 3 July 1988.The 1985 EIA Directive was subject to a series of substantial successive amendments between 1997 and 2009. Following a review of the effectiveness of the regime in 2009, it was decided to codify and consolidate these changes, in the interests of clarity and rationality, into a single text by way of Directive 2011/92/EU (the...
IntroductionEnvironmental impact assessment (EIA) is an assessment of a project's likely significant environmental effects. It enables environmental factors to be given due weight, along with economic or social factors, when planning applications are being considered, as well as the scope for reducing them. It also gives the public and other consultees opportunities to participate in the decision-making procedures relating to projects affecting the environment. EIA in respect of town and country planning matters is governed by:•the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (English EIA Regulations), SI 2017/571 in England, and•the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (Welsh EIA Regulations), SI 2017/567 in Walestogether the 'EIA Regulations'.The EIA Regulations transpose into English and Welsh law the changes made by Archived Directive 2014/52/EU 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 (11 pm on 31 December 2020)), in so far as they govern town and...
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Is it possible to enter into a deed under section 106 of the Town and Country Planning Act 1990 for development carried out under permitted development rights, in a scenario the development would not be a permitted development because of the need for an Environmental Impact Assessment (EIA), but if mitigation put forward in a s 106 deed could be secured, no EIA would be required? The Town and Country Planning (General Permitted Development) (England) Order 2015 (the GPDO), SI 2015/596, art 3(1), grants planning permission for the classes of development described as permitted development in the GPDO, SI 2015/596, Sch 2. However, the permission granted by the GPDO, SI 2015/596, art 3(1) is subject to SI 2015/596, art 3(10), which provides that any development falling within Schedule 1 or Schedule 2 to the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (the EIA Regulations), SI 2017/571, is not permitted by the GPDO, unless: • the local planning authority (LPA) has adopted a screening opinion under...
What is the scope of permitted development rights for the construction of airport facilities? Class F of Schedule 2 Part 8 of the Town and Country Planning (General Permitted Development) (England) Order 2015, SI 2015/596 (the GPDO) provides permitted development rights for development at an airport in England. Development falling within Class F would therefore not require planning permission. Class F states that ‘the carrying out on operational land by a relevant airport operator or its agent of development (including the erection or alteration of an operational building) in connection with the provision of services and facilities at a relevant airport’ is permitted. There are a number of exceptions to this right. Development is not permitted by Class F if it would consist of or include: • the construction or extension of a runway • the construction of a passenger terminal the floor space of which would exceed 500 square metres • the extension or alteration of a passenger terminal, where the floor space of the building as existing...
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Planning analysis: This News Analysis looks at the key cases from 2024 impacting planning law and practice.
The Welsh Government has published procedural guidance for Developments of National Significance (DNS) applications. The document details the DNS process, covering stages from pre-application and submission to acceptance checks, examination, and decision-making. Key areas covered include statutory pre-application consultation requirements, environmental impact assessment procedures, the Habits Regulations assessment process, and the role of local planning authorities in preparing Local Impact Reports. It also provides information on the costs associated with DNS applications and secondary consents.
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