“…a process by which information about the environment effects of a project is collected both by the developer and from other sources, and taken into account by the planning authority in forming their judgments on whether the development should go ahead.”
A majority of large scale building and infrastructure projects require the completion of an environmental impact assessment which accompanies the planning application to show the environmental impacts and implications of the project. The process was developed by the united nations but adopted by the UK as part of meeting EU requirements . Now with BREXIT the UK is undertaking a review of this process.
In the period following the 2017 regulations, contrary to the intentions of the regulations, there is still evidence of high costs and significant administrative burden associated with conducting an environmental assessment under the TCPA EIA regime, with a resulting impact on businesses.
Research conducted in 2020 by The Digital EIA Project found an average environmental statement for a 500-home development cost £150,000-£250,000; took 8-18 months to complete; and ran to 4,350 pages. A Contracts Finder database review currently suggests a range from £150,000 for a standard environmental statement and had an example of £1,000,000 for production of a scoping report for Phase 1 of a new railway.
There is opportunity to reduce the administrative burden and delays and costs associated with producing an EIA. The Levelling Up and Regeneration Bill provides a framework for the new system of Environmental Outcomes Reports that would allow the government to put in place more streamlined, proportionate, and targeted assessment. The new system will introduce an efficient process that secures high standards of environmental outcomes, tailored to the UK context.
Secondary legislation will enable Environmental Outcomes Reports to be shorter and simpler with greater transparency over the environmental effects of development. Increased certainty and clearer requirements will provide confidence to business that decisions are less likely to be challenged through the courts. Guidelines and templates will be developed to move away from having a prescriptive process detailed in regulations, which should reduce opportunities for legal challenge and reduce the cost burden of risk averse assessment procedures.
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