Introduction

Environmental Impact Assessment

screening

Both the EU directives and the UK EIA regulations discriminate between development projects that would always require an environmental impact assessment and projects that would only require an enviornmental impact assessment when certain conditions are met. These projects are defined in the directive and the UK EIA regulations in two schedules. Schedule 1 defines the development projects that always would require an environmental impact assessment and Schedule 2 defines the projects that would require an environmental impact assessment when certain conditions are met.

In the UK a Schedule 2 project would require an environmental impact assessment when the projects is likely to cause a significant environmental impact, due to the characteristics of the development, the location of the development or the characteristics of the impact. The selection criteria are further specified in Schedule 3 of the EIA regualtions. The process of applying the selection criteria to a Schedule 2 development in order to determine whether an environmental impact assessment is required is referred to as "screening".

A local planning authority is required to screen every planning application for a Schedule 2 development when the application is received. In addition a developer can request a screening opnion from the local planning authority at a stage before the application for planning consent is made.

DETR Circular 99/2 provides further guidance on the interpretation of the EIA regulations. In the circular the expectation was expressed that for the overwhelming majority of development projects EIA would not be not required (paragraph 34). The circular states that EIA will normally be needed in three cases:

  • Major developments which are of more than local importance.
  • Developments which are proposed for particularly environmentally sensitive or vulnerable locations.
  • Developments with unusually complex and potentially hazardous environmental effects.

In addition to this general guidance the circular includes a list of illustrative thresholds indicating the expectation of the DETR when signicant effects are likely to be associated with various different types of development. As stated these thresholds are only illustrative and a screening opnion needs to be formulated carefully considering all the merits of each individual project.