Changes to the EIA regulations: act now to benefit from the current regime

The new Environmental Impact Assessment (EIA) Regulations will come into force on 16th May 2017, and will include amendments to timescales, content of EIA reports and place greater emphasis on mitigation and monitoring, as well as ensuring reports are prepared by competent specialists.

In light of the changes, developers must consider safeguarding their existing development projects from the new Town and Country Planning (EIA) Regulations. James Alflatt, planning partner and head of EIA at property consultant Bidwells, has given three recommendations for developers ahead of the 16th May cut-off date:

• Request a screening option from the competent authority which confirms whether an EIA is required, or
• Request a scoping option from the competent authority which confirms what needs to be included in the EIA, or
• Submit an environmental statement report for the project.

Subject to achieving any of the above, and provided the developer does not subsequently screen or scope for the same project after the 16th May, the project will be immune from having to comply with the 2017 EIA regime, as the provisions of the current 2011 EIA Regulations will still apply.