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Posted by: Roderick Ellison - MSc BSc (Hons) AIEMA on 03/08/2011

Introduction

The new Town and Country Planning (EIA) Regulations 2011 were laid before Parliament as a Statutory Instrument and are available to download from: http://www.legislation.gov.uk/uksi/2011/1824/pdfs/uksi_20111824_en.pdf

The new Regulations, henceforth referred to as the “2011 EIA Regulations”, will replace the Town and Country Planning (EIA) (England & Wales) Regulations 1999 and the various amendments to these Regulations. They apply to England only and come into force on the 24 August 2011.

In Wales the 1999 T&CP EIA Regulations (as amended) will still need to be followed until the Welsh Assembly Government has consulted on and amended their own EIA regime - consultation planned for late summer and new Regulations anticipated by the end of 2011.

The Communities and Local Government Department plan to launch their new guidance relating to the 2011 EIA Regulations around the 24 August 2011; at which point the advice in DETR Circular 02/99 will no longer be relevant.

Overview of Key Changes

The key changes have helpfully been summarised by the Institute of Environmental Assessment and Management (IEMA) and we have supplemented this information with some additional text below.

1. As the 2011 EIA Regulations consolidate previous Regulations from 24 August 2011 applications will only need to refer to this one set of Regulations for planning related EIA in England rather than having to be aware of the 1999 Regulatory requirements and how they are changed by the numerous amendments that were made since that time. 

2. Schedule 1 and 2 - new project types added related to carbon capture facilities, transportation pipelines and geological storage. 

3. Schedule 2(13) 'Change or Extensions' to schedule 1 and 2 development has been updated to take account of the Baker ruling. 

Note the approach taken is different to the new Scottish Planning EIA Regulations 2011 that came into force on the 1 June 2011 (for Scottish EIA Regulations, see: http://www.legislation.gov.uk/ssi/2011/139/pdfs/ssi_20110139_en.pdf). 

4. Three additional Regulations have been added to provide Local Planning Authorities (LPA) with greater clarity on the screening process, especially around 'subsequent applications'. See Regulations 7, 8, 9.

5. As a consequence of the three new screening regulations Regulation 19 requests will, from 24 August 2011 be known as Regulation 22 requests. 

6. A 'third party right of challenge' has been added in terms of screening. Regulation 4(8) allows an interested party (i.e. not just the developer / applicant) to request that the Secretary of State make a screening direction where they disagree with a LPAs’ screening opinion. 

7. All LPA screening opinions (including those that indicate EIA is not required) must now have reasons (justification) behind the authority's decision Regulation 4(7)(a), which must be made available as part of the public record - Regulation 23(1)(h).

8. The definition of 'consultation bodies' is amended and has added the Marine Management Organisation, under certain circumstances - Regulation 2.

We hope the above is of use and please do not hesitate to get in-touch if you would like further information or advice on how these changes might influence your business or a project.  


Categories: Ecological Contracting
Tags: 2011 | EIA | EIA and planning | Screening
1 comments » Comments
Rob Askew 09/08/2011 Very timely reminder - the Briefing Note on the 2011 EIA Regs is very useful. Keep up the good work! Cheers, Rob
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Very timely reminder - the

Very timely reminder - the Briefing Note on the 2011 EIA Regs is very useful. Keep up the good work! Cheers, Rob

Taylor Wimpey, Welsh Power, Morgan Cole, DPDS Consulting, Wates Developments, WSP, Gamesa