By Josh Fothergill, MRTPI, CPD Trainer for the Environmental Impact Assessments (EIA) masterclass
After the General Election and the Labour Government has begun some rapid changes in direction across planning and wider consenting. In just few weeks this has included Levelling-Up dropped from the Ministry’s name, the reversal of the previous Government’s effective block on English onshore wind, awarding DCOs for very large Solar projects and an NPPF consultation that explores the concept of Grey Belt and covers broader questions on potential NSIP reforms.
We are, however, yet to see clarity on the future direction for environmental assessment.
Currently, it is unclear whether the Government will leave Environmental Impact Assessment (EIA) as is, reform it, or enact the former Government’s Environmental Outcome Reporting (EOR). The basis for EOR being established by the 2023 Levelling Up and Regeneration Act but the detail of what the concept is and how it would work remains ill defined and would require implementing regulations and considerable guidance to see then brought into effect.
There have, however, been recent messages from industry indicating a preference to retain and improve the existing EIA system. The Offshore Wind Industry Council (OWIC) report delivering the green infrastructure transition, published in June, included a strong message that the sector did not want to see EOR progress. There preference being EIA renewal via policy, practice and resource support; similar to the October 2023 report from the Office for Environmental Protection.
Beyond this uncertainty, there have been notable developments around EIA for those interested in practice.
The outcome of the Finch legal case - [2024] UKSC 20 - means certain types of inevitable downstream significant effects should be within the scope of an EIA. In that case the consequence (Greenhouse Gas [GHG] emissions) of burning the oil generated by awarding planning permission for an oil well. The case judgement made reference to IEMA’s EIA Greenhouse Gas Guidance highlighting there were clear and established methods that could have allowed the downstream GHG emissions to be calculated and considered within consenting. A key point here is that IF this GHG information had been presented in the developer’s Environmental Statement (ES) this could all have been avoided – given EIA is a decision support tool. It was the lack of this GHG information in coming to the decision to grant consent that was the key EIA procedural failing. EIA practice for similar project (and possible others) must now consider downstream GHG emissions as an operational effect.
In Scotland, the Onshore Wind Sector Deal (OWSD) has a task and finish group collaborating to develop practical actions on proportionate EIA, including:
- Stronger scope definition based on previous EIA Report findings and the views of statutory consultees and other key stakeholders
- Proposed EIA Report template to make them more focussed and production more efficient [Note: an EIA Report is the same as an ES]
The outputs from the OWSD EIA work are due this autumn, with Scotland’s EIA Conference in early October (sold out) debating how such advances could be transferred into wider environmental assessment across the planning system.
New guidance on EIA also continues to progress, Northern Ireland launched a Screening Practice Note late last year, with another on Scoping due shortly. Practice advice was launched on Competency for Health in EIA in May and a major new guide on using the mitigation hierarchy in EIA is due out within weeks.
If you, or your team, need to keep up-to-date with EIA, join us to the next online CPD Masterclass – Environment Impact Assessment. Please browse our CPD Training Calendar for the next available dates.
