Before planning permission can be granted for a larger or more sensitive project, the decision-maker must have the results of an environmental impact assessment (EIA). If you build or develop in Wales or Northern Ireland, you need to know early whether your project is EIA development, because an environmental statement takes time to prepare and the decision period is longer. Each nation has its own regulations:
- Wales: the Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017. Local planning authorities adopt screening and scoping opinions, and the Welsh Ministers issue directions through Planning and Environment Decisions Wales (PEDW).
- Northern Ireland: the Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017. Councils make screening determinations and decide most applications. The Department for Infrastructure handles those that are referred to it, and the Planning Appeals Commission hears appeals and determination hearings.
This guide covers Wales and Northern Ireland. England and Scotland have their own regulations.
Wales
Northern Ireland
The two regimes side by side
Environmental impact assessment rules by nation
How the Wales and Northern Ireland EIA regimes differ for a construction or civil engineering project.
| Point of comparison | Wales | Northern Ireland |
|---|---|---|
| Regulations | Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 | Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 |
| Who decides whether it is EIA development | Local planning authority (screening opinion) or the Welsh Ministers (screening direction) | Council or the Department for Infrastructure (screening determination) |
| Schedule 2 threshold, industrial estate projects | Area exceeds 5 hectares | Area exceeds 0.5 hectare |
| Schedule 2 threshold, urban development projects | More than 1 hectare of urban development that is not dwellinghouse development, or more than 150 dwellinghouses, or overall area over 5 hectares | Area exceeds 0.5 hectare |
| Schedule 2 threshold, railways, roads, harbours, tramways, pipelines | Area of the works exceeds 1 hectare | Area of the works exceeds 1 hectare |
| Coastal and sea-defence works | Schedule 2 development whatever the size | Schedule 2 development whatever the size |
| Sensitive areas | Sites of special scientific interest, National Parks, World Heritage Sites, scheduled monuments, areas of outstanding natural beauty, European sites | Areas of special scientific interest, areas of outstanding natural beauty, National Parks, World Heritage Sites, scheduled monuments, European sites |
| Screening time limit | 21 days, or up to 90 days by written agreement | 4 weeks, or up to 90 days by written agreement |
| Scoping time limit | 8 weeks | 6 weeks |
| Application without an environmental statement | Authority notifies you within 21 days. You have 21 days to reply or permission is deemed refused | Authority notifies you within 4 weeks. You have 4 weeks to reply or permission is deemed refused |
| Decision period once the statement is submitted | 16 weeks instead of 8 | 16 weeks instead of 8 |
| Who hears disagreements | You can ask the Welsh Ministers for a screening or scoping direction | You can ask for a hearing before the Planning Appeals Commission |
Steps to plan your project around EIA
- Test your project early. Check Schedule 1 (always EIA) and Schedule 2 (screening needed above a threshold, or anywhere in a sensitive area). The thresholds differ between Wales and Northern Ireland, so do not assume one nation's threshold holds in the other.
- Request a screening opinion or determination before you apply. This costs you a few weeks, and it avoids having your application sent back or deemed refused after you have applied.
- Request a scoping opinion if the project is EIA development. It tells you which effects the authority expects the environmental statement to cover, and the statement must be based on it.
- Commission competent experts for the environmental statement and build the time for baseline surveys into your programme.
- Submit the statement with your application. Include a non-technical summary and the alternatives you studied.
- Plan for a 16-week decision period, not 8 weeks, and for a public consultation that runs for at least 30 days in Northern Ireland.
- Read the decision conditions. The decision-maker can impose monitoring measures and requirements to avoid, reduce or offset significant adverse effects.
Legal basis
Primary legislation and key regulations
Official guidance
Welsh Government — Environmental impact assessment (EIA) guidance (opens in a new tab)
legislation.gov.uk — Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (opens in a new tab)
legislation.gov.uk — Planning (Environmental Impact Assessment) Regulations (Northern Ireland) 2017 (opens in a new tab)