Infrastructure Planning (Environmental Impact Assessment) Regulations 2017
What this means for your business
- Enforced by
- Environment Agency, DEFRA
- Applies to
- United Kingdom
- On this page
- 15 compliance obligations, 2 practical guides
What you must do
15 compliance obligations under this legislation.
Risk assessment 4
Carry out an Environmental Impact Assessment before applying for development consent
If you want the Secretary of State or a relevant authority to give you planning consent for a development that falls under the EIA rules, you must first complete a full environmental impact assessment. Without an EIA, the authority cannot grant you consent, meaning your project will be delayed or blocked.
Prepare and submit a compliant environmental statement
If you are applying for development consent for a project that requires an Environmental Impact Assessment, you must attach an environmental statement to your application. The statement must describe the proposed development, its likely significant environmental effects, any mitigation measures, reasonable alternatives, a non‑technical summary and any other information required by the regulations. It must be based on the latest scoping opinion, use up‑to‑date assessment data, be prepared by qualified experts and include a declaration of their expertise.
Prepare and submit an Environmental Statement for EIA developments
If you are applying to build a project that the regulations say needs an Environmental Impact Assessment, you must produce an environmental statement that looks at the significant effects on health, biodiversity, land, water, air, climate, heritage and other factors. You also have to carry out any consultation, publish the relevant information and notify the authorities, and include operational impacts and accident risks in the assessment.
Provide additional environmental information when requested
If you submit a later planning application without an updated environmental statement and the authority says the information you already gave isn’t sufficient, you must supply the extra environmental data they require before they can continue considering your consent.
Management duties 3
Provide additional environmental information and publish statutory notice when your statement is inadequate
Unlimited fineIf the Examining authority tells you that your environmental statement is missing required information, you must supply the extra details and run a public notice about the deficiency. The notice has to appear in local and national newspapers, the Gazette, and on the Secretary of State’s website, and must be displayed at the development site. Until you have done all this, the authority will pause its decision on your consent application.
Provide further information and publish notice when EIA statement is insufficient
If the planning authority tells you that the updated environmental statement you have submitted with a later planning application is missing required details, you must supply the extra information and publish a public notice that sets out key project details, where the documents can be inspected and how people can comment. Your application will be paused until you meet these requirements.
Provide information, environmental statement and public notice when an EIA is required
Unlimited fineIf the examining authority decides that your proposed development needs an Environmental Impact Assessment (EIA), you must supply any additional information they ask for, prepare a full environmental statement, and publish a public notice with details of the project. The notice must appear in local and national newspapers, on the relevant government website and at the site, and you must keep proof that you have complied.
Notifications 4
Notify or request a screening opinion before applying for development consent
If you plan to submit an application for development consent, you must either ask the Secretary of State to issue a screening opinion or tell them you will provide an environmental statement. You need to send this request/notification – with details of the site, the development and its likely environmental effects – before you start the statutory consultation, and the authority must respond within 21 days.
Send copy of planning notice to consultation bodies for EIA projects
If you are applying for planning permission for a development that requires an Environmental Impact Assessment, you must send a copy of the public notice to the relevant consultation bodies and any other persons notified, at the same time you publish the notice. This ensures those bodies are informed about the proposed development.
Send required notices and documents when your EIA application is accepted
If the Secretary of State accepts your application for development consent that requires an Environmental Impact Assessment, you must immediately forward the statutory notice to any person previously notified under regulation 11(1)(c). You also have to provide the consultation bodies with a copy of the accepted application, a site map and the environmental statement.
Submit updated environmental statement and publicise subsequent EIA application
If you submit a later (subsequent) planning application for a project that needs an Environmental Impact Assessment, you must provide an updated environmental statement and then publish a detailed public notice. The notice has to appear in local and national newspapers, the Gazette, online, and be displayed near the site, and you must also send it to any people or bodies previously notified.
Reporting and filing 4
Prepare a consultation statement for development applications
When you apply for planning consent for a development, you must submit a consultation statement. The statement must say whether the project is an EIA development and, if it is, describe how you will publicise and consult on the preliminary environmental information.
Provide certificate confirming compliance with regulation 16
If you are applying for development consent and you have not yet met the requirements of regulation 16, the examining authority will pause your application. To resume the process you must submit a signed certificate (in the form set out in Schedule 5, certificate 1) confirming that you have complied with regulation 16.
Provide required information when requesting a scoping opinion
If you are applying for development consent and want the Government’s view on what environmental data you need, you must send a written request that includes a site plan, a description of the project, its likely significant environmental effects and any other information you wish to provide. Supplying this information lets the Secretary of State or the relevant authority give you a scoping opinion that tells you what to include in your environmental statement.
Submit certificate of compliance with regulation 16
If regulation 16 applies to your infrastructure planning application, you must send a certificate of compliance (the form shown as Certificate 1 in Schedule 5) to the Secretary of State. This certificate must be submitted at the same time you fulfil the filing requirements of regulation 10 of the 2009 Applications Regulations.
Penalties for non-compliance
2 penalties under this legislation. 2 carry an unlimited fine.
Provide additional environmental information and publish statutory notice when your statement is inadequate
Unlimited fine
Provide information, environmental statement and public notice when an EIA is required
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Development Consent Order (DCO)
Offshore wind farms exceeding 100MW and other Nationally Significant Infrastructure Projects (NSIPs) require a Development Consent Order from the Secretary …
Offshore Wind Development Consent Orders (DCO)
Offshore wind projects over 100MW in English territorial waters require a Development Consent Order from the Secretary of State. Understand …
Sections and provisions
38 classified provisions from this legislation.
Duties 26
- s.4 Prohibition on granting consent without consideration of environmental information
- s.5 Environmental impact assessment process
- s.8 Procedure for establishing whether environmental impact assessment is required
- s.9 Considerations for screening decisions information provided
- s.10 Application for a scoping opinion
- s.11 Procedure to facilitate preparation of environmental statements
- s.12 Consultation statement requirements
- s.13 Pre-application publicity under section 48 (duty to publicise) person notified
- s.14 Environmental statements the applicant
- s.16 Accepted application—publicity and consultation for EIA development person notified
- s.17 Certifying compliance with regulation 16
- s.18 Effect of failure to comply with regulation 16
- s.19 Accepted application—effect of screening opinion not taking account of all relevant information the Examining authority
- s.20 Accepted application—effect of environmental statement being inadequate
- s.21 Consideration of whether development consent should be granted
- s.22 Subsequent application for EIA development
- s.23 Subsequent application where environmental information previously provided the applicant
- s.24 Subsequent application not complying with EIA requirements
- s.25 Decision-making on subsequent applications
- s.26 Co-ordination
- ... and 6 more duties