EIA Country Report for England and Wales

Legal Framework
State, Country or Province: 
England and Wales
EIA law: 
Town and Country Planning Act 1990
EIA Regulations: 
The Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 2011
EIA Guidelines or Other Guidance: 
Circular 02/99: Environmental impact assessment
EIA Procedure
Projects Requiring EIA: 
Government projects
Projects Requiring EIA: 
Private projects
Abridged Assessments: 
Yes
Assessments Detail: 
Sustainability Appraisal (SA), Strategic Environmental Assessment (SEA), Habitats Regulations Assessment (HRA)and Appropriate Assessment (AA). These apply at local and Regional levels to plans, policies and projects.
Who Conducts Screening: 
Government
Who Conducts Screening Detail: 
The Secretary of State or local planning authority (LPA) determines whether an EIA is required. Regulations, sec. 4 (screening)
Criteria for Screening: 
List or appendix of project or activity types
Criteria for Screening: 
Proposed project or activity may cause significant environmental impact
Criteria for Screening Detail: 
For Schedule 1 projects an EIA must always be carried out. For Schedule 2 projects an EIA must be carried out if the development is likely to have a significant impact on the environment by virtue of its nature, size or location. Developments which meet or exceed the applicable threshold are considered on a case-by-case basis. For the purpose of determining whether EIA is necessary, those of the selection criteria set out in Schedule 3 to the Regulations which are relevant to the proposed development, must be taken into account. See Regulations, sec. 4 (screening)
Who Prepares EIA: 
Project Proponent (with or without contractor)
Who Pays for EIA: 
Project Proponent
EIA Contractor Qualifications: 
Yes
EIA Contractor Qualifications Detail: 
The usual practice is that project developers employ independent consultancies who are usually qualified in the relevant areas.
Conflict of Interest: 
No
Conflict of Interest Detail: 
Situation usually doesn't arise, don't think there is formal procedure for addressing such.
Terms of Reference (TOR): 
Sometimes
Terms of Reference Detail: 
The project proponent may seek a "scoping opinion" from the relevant planning authority. "A person who is minded to make an EIA application may ask the relevant planning authority to state in writing their opinion as to the information to be provided in the environmental statement (a “scoping opinion”). EIA Regulations, sec. 13(1). There is no public involvement in this process.
Days for Decisionmaker Review OLD: 
LPAs have a target of 56 days to determine planning applications, although this may be extended at the discretion of the LPA.
Written Decision: 
Yes
Written Decision Detail: 
EIA Regulations, sec. 24(1)
Authority to Impose Conditions: 
Yes
Authority to Impose Conditions Details: 
Yes
Financial Assurances or Bond: 
No
Financial Assurances Detail: 
No
EIA Content
Interdisciplinary Team: 
No
Range of Alternatives: 
Yes
Range of Alternatives Detail: 
An EIA must contain "an outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for the choice made, taking into account the environmental effects." EIA Regulations, Schedule 4, Part I, sec. 2
No Action Alternative: 
No
No Action Alternative Detail: 
This criteria is not mentioned in Schedule 4 (content of environmental statement)
Type(s) of Impact Analysis: 
Direct environmental impacts
Type(s) of Impact Analysis: 
Cumulative environmental impacts
Type(s) of Impact Analysis: 
Cultural impacts
Mitigation: 
Yes
Mitigation Detail: 
"A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment." EIA Regulations, Schedule 4, Part I, sec. 5
Monitoring Plans Detail: 
no response to this question provided
Access to Information
Draft EIA Available: 
No
Draft EIA Available Detail: 
Drafts are not generally available for public input.
Public Notice of Final EIA: 
Yes
Public Notice of Final EIA Detail: 
Yes
Final EIA Available: 
Yes
Final EIA Available Detail: 
Yes: Having said yes, they are usually published online, but hard copies can be very expensive to obtain.
Public Notice of Final Decision: 
Yes
Public Notice of Final Decision Detail: 
The public must be informed of the final decision by advertisement and other reasonable means. EIA Regulations, sec. 24(1)(b)
Public Participation
Public Scoping: 
Yes
Public Scoping Detail: 
Yes
Public Meetings: 
Yes
Public Meetings Detail: 
public hearing(s) only (with opportunity for members of public to speak)
Days for Public to Review Draft OLD: 
Draft EIAs are not subject to public review.
Days for Public to Review Final OLD: 
Usually 28 days.
Public Comments on Draft EIA: 
No
Public Comments on Final EIA: 
Yes
Public Comments on Final EIA Detail: 
Yes
Response to Public Comments: 
Yes
Response to Public Comments Detail: 
Yes: Public comments are usually summarised in a report produced by the LPA for the decision making body.
Facilitation of Public Participation: 
No
Facilitation of Public Participation Detail: 
No
Judicial Review/Enforcement
Citizen Administrative Review: 
Yes
Citizen Administrative Review Detail: 
Yes
Citizen Judicial Review: 
Yes
Citizen Judicial Review Detail: 
Yes
Project Monitoring: 
Yes
Project Monitoring Detail: 
Yes
Enforceability of EIA: 
No
Enforceability of EIA Detail: 
No
Enforceability of Permit: 
No
Enforceability of Permit Detail: 
No
   Updated 29 Oct, 2012