New EIA Directive: take action before 16 May 2017

Submit your EIA planning applications / take other EIA action prior to 16 May 2017 to avoid additional EIA requirements under the new EIA Directive

New EIA Directive

What can a developer do to limit the impact of the new Directive?

Request a “scoping opinion” from the local planning authority ie an opinion to indicate what your Environmental Statement must cover;

Submit an Environmental Statement to the local planning authority.

If you request the screening opinion before 16 May 2017 the screening process will be conducted under the existing rules, so avoiding the additional screening requirements (this is likely to be a significant advantage in many cases);

If you then decide that your project is EIA development, your project will be considered under the new Directive rules unless you can fall within 1. above.

How can Freeths LLP assist you?

Advising on the EIA implications of your development project, particularly in light of the new Directive;

Setting a development timetable to limit impacts of the new EIA Directive;Legally reviewing your Screening Reports / Environmental Statement / EIA Report to ensure compliance with the relevant legal requirements and so limiting the risk of EIA-based challenges from objectors;

Guiding you (where relevant) on how to combine / coordinate your EIA Report and your shadow Habitat Regulations Assessments (HRA) under the Habitats / Birds Directives;Legally reviewing your shadow HRA reports, so limiting the risk of HRA-based challenges from objectors; and

Advising on defending or bringing judicial review applications in relation to consents.Detailed changes under the new EIA Directive Screening requests Scoping requests EIA Reports Decision making

The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.