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planning-applications.co.uk |
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ENVIRONMENTAL ASSESSMENTS
What is Environmental Assessment?
Environmental Assessment (EA) is the process by
which your local authority will gather and consider information about the
environmental effects of your development proposal.
Where proposals are likely to have significant effects
upon the environment, it will be necessary to provide an ENVIRONMENTAL
STATEMENT (E.S.) to accompany the planning application.
Certain forms of development [known as 'Schedule 1
Projects'] will always require an EA, whilst a larger group of development
proposals [known as 'Schedule 2 Projects'] may require an EA in circumstances
where the development is considered likely to have a 'significant effect on the
environment'.
A list of Schedule 1 and 2 Projects may be reviewed
at 'EA
Projects'.
For straightforward domestic planning applications
there is little likelihood of the need for an EA. However, each and every
planning application submitted after March 1999 will be assessed against EA
requirements in order to determine the need for an ES. The following criteria
will generally be applied:
- Is the project a
major scheme of more than local importance?
- Is the project taking
place in a particularly sensitive area [Conservation Area, National Park,
S.S.S.I.] which would give rise, as a result, to significant effects upon
the environment.
- Whether the proposal
is likely to give rise to complex or adverse effects, such as pollutant
discharge etc.
How do I know if an EA is Necessary?
Because of the scale or nature of the proposal you
may consider at the outset that an EA will be necessary. You should discuss the
scope of the assessment with the local planning authority, before writing your
Environmental Statement in order to ensure you cover all the issues the Council
consider will be necessary. Specialist advice may be necessary.
If you are uncertain whether an EA is required, you
can consult the Council informally, or write to the local planning office
requesting a formal determination on the issue. You should outline the proposal
in sufficient detail for the Council officers to decide on the matter. The
planning department will advise you on the procedure. No fee is payable for an
opinion concerning the need for an EA.
In the majority of cases the local planning
authority will assess the planning application when it is submitted and inform
the applicant of the need for an EA.
You may appeal to the Secretary of State if you
disagree with the Councils view that an EA is required or if the Council fail
to provide you with a formal determination within 3 weeks.
To establish whether an EA is required click here 
Why is this important?
The EA will provide detailed information and an
assessment of the project and its likely effects upon the environment. This
will help the local authority in their decision making on the planning application.
It will also highlight issues that the applicant should take into account. This
may result in the application being redesigned to suit the circumstances Local
public concerns may also be allayed by the application clearly addressing the
identified environmental issues.
Public Awareness
Where an applicant submits an ES with the
application, there is a requirement to advertise the fact in the local
newspaper, indicating where copies may be inspected. The public have 28 days
within which to submit comments. There is a requirement that all ES's should be
written in a non-technical manner, so that the general public may understand
the findings.
No Need for an EA?
Even though there may be no requirement to
undertake an EA, the local authority will still assess the environmental impact
of your proposals in the normal way. The fact that your particular scheme does
not need to be accompanied by an EA, is not an indication that there will be no
environmental effects whatsoever.
Environmental Assessment and
Permitted Development Rights
Even though planning permission may not normally be
required, since 1995 certain forms of permitted development have required
consideration under the Town & Country Planning (Environmental
Assessment and Permitted Development) Regulations 1995.
The majority of permitted development projects
requiring an EA will fall within Schedule 2: i.e. they will be judged against
their likelihood of having a significant effect upon the environment. [See also
details at EAPD]
Ask yourself the following questions:
1. Is the proposal
"Permitted Development" [YES / NO ]
If not then planning
permission is required and the application will be assessed under EA provisions
as set out above.
YES - if so, then is it a Schedule 1 project? [YES / NO ]
NO - Is it
a Schedule 2 project? [YES / NO]
YES - Is it likely to have a
significant environmental effect? [YES / NO]
EA IS REQUIRED. Permitted
Development Rights do not apply in these circumstances and a planning application
accompanied by an ES is necessary.
EA is not required and normal
Permitted Development Rights apply.
FURTHER INFORMATION
Environmental Assessments: A Guide to the Procedure [HMSO]
Your Permitted Development Rights & Environmental
Assessment (DETR) - Free
leaflet.
Environmental Assessment - A Guide (Scottish Office) - Free leaflet
Schedule 1 Projects:
Are those for which an EA is required in every
case. They include projects such as:-
Oil Refineries,
chemical and steel works, airports with a runway length exceeding 2100m and
toxic waste or radioactive storage or disposal depots.
Schedule 2 Projects:
Are those for which an EA may be required if
certain criteria are met or where it is judged that the proposal is likely to
give rise to 'significant environmental effects'. They include projects such
as:-
Ore extraction and
mineral processing,
Road improvements,
Reclamation of land from
the sea,
Pig and poultry rearing
units,
Waste disposal sites,
Chemical, food, textile
or rubber industries,
Leisure developments
such as large caravan parks,
Marina developments,
Certain urban
development proposals.
Environmental Assessment &
Permitted Development - Details
Permitted development must now be a subject to a
planning application accompanied by an EA if it is likely to have a significant
effect upon the environment.
The following permitted development is excluded:
Development under Part 7
Class D of Part 8
Part 11
Class B of Part 12
Class F(a) of Part 17
Classes A & B of Part 20
Class B of Part 21
Works of land drainage
improvement by a drainage body.
There may already be alternative arrangements in
place for these types of permitted development.