Planning matters

Nathaniel Lichfield & Partners (NLP) have studied the Directive, reviewed the consultation and has identified the following key changes to EIA practice of relevance to those in the development industry undertaking EIA:

• Environmental Statements will be renamed ‘Environmental Impact Assessment Reports (EIA Reports)’;
• A new requirement to consider whether the project is likely to give rise to significant environmental effects upon climate change and human health;
• The preparation of the EIA Report is to be prepared by persons who by virtue of their qualifications or experience have in the opinion of the competent authority sufficient expertise to ensure the completeness and quality of the ES, ‘a competent expert’;
• The restriction for third parties to make a screening request to the Welsh Ministers to a period of 35 days after a screening opinion has been published on the Local Planning Authority’s (LPA) planning register. Where no screening opinion is published, an unrestricted period is proposed. Welsh Ministers would retain the right to make a screening direction at any time;
• Increasing the timescale for a LPA to produce a scoping opinion from the current 5 weeks. The consultation seeks suggestions for an appropriate alternative timescale;
• The EIA Report must contain a description of the reasonable alternatives studied by the developer (for example in terms of development design, technology, location, size and scale) including an indication of the main reasons for the option chosen, including a comparison of the environmental effects;
• The requirement  to provide a description of the expected significant adverse effects on the environment deriving from the vulnerability of the development to risks of major accidents and/or disasters which are relevant to the project, including measures to prevent or mitigate the significant adverse effects of such events and details of the preparedness for a proposed response to such emergencies;
• A proposed increase in the consultation period for a submitted EIA Report from 21 days to 30 days;
• A requirement for the EIA Report to propose monitoring measures of significant effects, where appropriate. It will be at the LPA’s discretion as to what matters to monitor and for how long;
• Where an EIA application is determined, the decision notice must include (amongst other things), a summary of the environmental information and if the decision is to grant planning permission, a statement that the planning authority is satisfied that the ‘reasoned conclusion’ is still up to date; the ‘reasoned conclusion being considered up to date’ is defined as the planning authority being satisfied, having regard to current knowledge and methods of assessment, that the reasoned conclusion addresses the likely significant effects of the development on the environment.

At NLP, our Environmental Assessment service aims to simplify an increasingly complex legislative framework for our clients. We guide our clients through the process of screening, scoping, consultation and production of Environmental Statements (EIA Reports) and also offer specialist inputs to address various elements in the assessment process, while working collaboratively with others as part of a wider EIA team. As a testament to this first-rate expertise NLP is proud to have been awarded an EIA Quality Mark by the Institute of Environmental Management & Assessment (IEMA) and our experienced EIA team has six members who hold Practitioner Membership of IEMA.

If you would like NLP to prepare representations on your behalf to the Welsh Government consultation on the proposed changes to the EIA Regulations please contact Liz Evans. The consultation ends on 11 November 2016.