Planning matters

Lichfields was proud to sponsor and present at Scotland’s EIA Conference 2026, which brought together practitioners, regulators, and industry leaders to discuss the future of Environmental Impact Assessment (EIA).

The conference was attended by colleagues from across Lichfields, including Gayle Black, Neil Purvis, Heather Overhead and Dan Evans. Drawing on their collective insights and discussions throughout the day, this blog reflects on the key themes that will shape EIA practice in the future.

The key themes of the conference were ‘Innovation’, ‘Impact’ and ‘Insight’. Discussions covered topics including the importance of defining "the project" in EIA, reflections on the implications of the Raeshaw court ruling, and the topic of the moment: data centres and EIA.

Brodies explored the legal and practical importance of defining "the project" within the EIA process, following the February 2026 Raeshaw court ruling. One of their key messages was that defining the project has always been a fundamental principle of good EIA practice, forming the basis on which environmental effects are identified, assessed and reported. It is not a new requirement. 

The speakers highlighted that the principles in the Raeshaw decision are long-established but have prompted practitioners, regulators and decision-makers to strengthen how projects are described and presented within EIA documentation. The discussion served as a timely reminder that defining the project underpins the entire assessment, ensuring that decision-makers have a clear understanding of what is being proposed. 

Another interesting discussion focused on how EIA practitioners deal with uncertainty in a proportionate way. The session highlighted that dealing with uncertainty is an inherent part of the EIA process and one that practitioners must address through professional judgement.

A proportionate approach can be taken that focuses on likely significant effects and provides decision-makers with the information they need to reach an informed conclusion. By exercising professional judgement, long and complex assessments are not necessary. 

The discussion also touched on why the Raeshaw decision has attracted so much attention across the profession. The case highlights the need to assess aspects of a development where there may not yet be complete certainty, such as the delivery of a grid connection or other associated infrastructure. Such uncertainties are quite normal and the expectation remains that any likely significant environmental effects are identified and assessed in a proportionate manner. 

 

A further key theme of the conference was the importance of maintaining best practice in EIA assessment. The afternoon session focused on forthcoming guidance from the Institute of Sustainability and Environmental Professionals (ISEP) on interaction effects and cumulative effects. A commonly agreed and replicable approach to assessing these effects would be welcomed across the profession.

Additional guidance is also expected from ISEP next year on Climate Change Resilience and Adaptation for professionals coordinating EIA’s or supporting assessments. As the impacts of climate change are increasingly felt in our daily lives, this new guidance is especially timely and will also help to ensure consistency and best practice is maintained in EIA. 
 

Lichfields and Pulsant presented the final session of the day, exploring the growing role of data centres as critical infrastructure. Pulsant explained what data centres are and noted that, although they have recently attracted significant attention, smaller-scale facilities are already well established across the UK. Often located in business or industrial areas, these facilities form a critical part of the country's digital infrastructure. However, growing demand for cloud computing, artificial intelligence and data storage is driving the development of increasingly large "hyperscale" data centres. This rapid expansion requires planners, environmental practitioners and decision-makers to develop their understanding of the sector's environmental effects and technical requirements.

Lichfields discussed the implications of the Scottish Government's Direction of 17 September 2026, which requires data centre developments exceeding 50MW to be treated as EIA development. Developers may need to engage a broader technical team earlier in the EIA scoping process to agree the environmental topics requiring detailed assessment in the EIA Report. These may include landscape and visual impacts, transport, ecology, noise, carbon emissions, air quality and socio-economics. Early collaboration between planning, environmental and technical specialists will help identify potential effects from the outset and support efficient progress through an increasingly complex consenting environment.
 

Scotland’s EIA Conference 2026 highlighted a profession that continues to adapt to an increasingly complex environmental and regulatory landscape. There was a clear sense of optimism about the role EIA can play in supporting sustainable development even if challenges remain around climate change, uncertainty and the delivery of proportionate assessments.

The shared commitment across the sector to improving the quality, accessibility and effectiveness of environmental assessment was particularly encouraging.  EIA remains a vital tool in ensuring that environmental considerations are embedded in decision-making and development outcomes.

If you would like more information, the slide decks from the conference can be viewed here.