Communities and Local Government (CLG) is considering amending the legislation around environmental impact assessments (EIAs) in the light of two recent rulings, it has emerged. One was from the High Court the other from the European Court of Justice. One judgment affected the way local planning authorities screen (assess) planning applications for changes or extensions to existing or approved developments. The other dealt with whether authorities are required to make available to the public the reasons for issuing a screening option where an EIA is not required for development.
The effect of the first ruling (known as the Baker case) is that when determining whether an EIA is required, planning authorities must look at the effect of the development, as modified, and not just the modification alone, as currently required under schedule 2.13(a)(l) of the 1999 regulations.
This ruling also applies where the modification does not meet the thresholds or criteria which determine whether a development listed in schedule 2 needs to be screened for an EIA, and for development in, or; partly within, a “sensitive area”.
The second judgment, a preliminary ruling from the ECJ (known as the Mellor case), has confirmed CLG’s view that there is no need for a negative screening decision to contain reasons; but there is a duty to provide further information on the reasons for the decision if an interested person subsequently requests them. That may be met not only by a formal statement of reasons but also by providing information and relevant documents.
Chief planner Steve Quartemain has written to all chief planning officers in England about the issues involved and what councils should do in the interim before any legislative changes.
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