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GLOSSARY

EIA Regulations definition

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What does EIA Regulations mean?

The Town and Country Planning (infrastructure Planning (environmental impact assessment) Regulations 2017 and the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 both came into force 16 May 2017. The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 set out the procedures which must be followed to ensure that applications for nationally significant infrastructure projects fully reflect the requirements of the EIA Directive. The Decommissioning of nuclear reactors is also subject to the Nuclear Reactors (Environmental Impact Assessment) Regulations 1999.

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The planning regime for onshore wind generation in England and Wales

The planning regime for onshore wind generation in England and Wales What is onshore wind energy generation? Onshore wind energy is generated through the installation of wind turbines on land to capture the power of moving air and convert it into electricity. As the wind passes over the blades, the rotor turns, rotating the generator inside and transforming kinetic energy into electrical energy. Wind turbines consist of five main parts, namely: the rotor blades, the rotor hub, the generator (housed within the nacelle), the tower and finally the foundation. Other key elements of onshore wind installations include cabling (usually buried underground), a substation to connect the development to the national grid and an access road or track allowing access to the site for construction, decommissioning and maintenance vehicles. Onshore wind is considered to be a green renewable energy source as no fossil fuels are consumed in the production of the electricity which instead relies on a naturally occurring resource which does not run out (ie wind). Planning regime for onshore...

Planning and climate change litigation

Planning and climate change litigation Over the last decades, climate change has become an issue of ever-growing importance. With evolving scientific understanding of the causes of climate change and the current and anticipated impacts of global warming, there has been growing frustration at the speed of legislative and policy action. This is despite the continued efforts at intergovernmental level, including the Paris Agreement 2015, by which signatories commit to reduce carbon dioxide and other greenhouse gas (GHG) emissions to hold global average temperature increase to well below 2.0 degrees above pre-industrial levels, and pursue efforts to limit the increase even further to 1.5 degrees. For more information, see Practice Note: The Paris Agreement 2015—snapshot. Increasingly, resort is therefore had to litigation and courts have had to deal with climate change arguments presented in various shapes and factual contexts. Indeed, according to data published in July 2022, litigation continued to expand in 2021 as an avenue for action on climate change. It is evident that the Paris Agreement has, far from...

Discover our 23 Practice Notes on EIA Regulations

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?

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...

Is the consenting of battery storage captured by EIA? This technology does not seem to fit the concept of 'Industrial installations for the production of electricity, steam and hot water'?

Is the consenting of battery storage captured by EIA? This technology does not seem to fit the concept of 'Industrial installations for the production of electricity, steam and hot water'? An environmental 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, and provides opportunities to reduce them. EIA in respect of town and country planning matters is governed by: • The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (the English EIA Regulations), SI 2017/571 in England, and • The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (the Welsh EIA Regulations), SI 2017/567 in Wales In both England and Wales, an EIA is required for: • projects listed in the English and Welsh EIA Regulations, SI 2017/567, Sch 1 for which EIA is required in every case, and • projects listed in the English and Welsh EIA Regulations, SI...

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Greenhouse gas emissions under scrutiny in development consent order decision (R (Boswell) v Secretary of State for Energy Security and Net Zero and others)

Planning analysis: The Court of Appeal has dismissed the claimant’s appeal in which he sought a statutory judicial review of the Secretary of State (SoS)’s decision to grant permission for a gas power station with carbon capture and storage at Teeside. The appeal focused on three grounds, all concerned with the way the decision assessed and weighed in the balance the greenhouse gas emissions associated with the development. These had been acknowledged to be significant for environmental impact assessment (EIA) purposes and had been given significant weight in the planning balance. The first ground alleged an internal logical flaw in the SoS’s reasoning; the second alleged that the SoS had erred in her interpretation or application of a paragraph of the relevant National Policy Statement (NPS); and the third alleged that the SoS failed to reach a reasoned conclusion since she failed to assess the significance of the GHG emissions against a benchmark or other adequate means of contextualisation. All three grounds were rejected in decisive terms by the court....

Environment 2024 cases round up

Environment analysis: This News Analysis considers some of the key cases from 2024 for environment lawyers including: R (on the application of Friends of the Earth Ltd) v Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 2707 (Admin); Verein KlimaSeniorinnen Schweiz v Switzerland (App. No. 53600/20), [2024] ECHR 304; Milieudefensie et al v Royal Dutch Shell plc., Hague Court of Appeal, 12 November, Case No. 200.302.332/01; R (on the application of Rights Community Action Ltd) v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 1693 (Admin); GDFC Assets Ltd v Heaney [2024] UKUT 345 (AAC); R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council [2024] UKSC 20; Friends of the Earth Ltd v Secretary of State for Levelling Up, Housing and Communities; South Lakeland Action on Climate Change - Towards Transition v Secretary of State for Levelling Up, Housing and Communities [2024] EWHC 2349 (Admin), [2024] All ER (D) 35 (Sep); R v (Fighting Dirty Ltd)...

Read the latest 4 News articles on EIA Regulations