On 24 August 2011, new consolidated, updated and replacement statutory provisions on environmental impact assessment (EIA), The Town and Country Planning (Environmental Impact Assessment) Regulations 2011, comes into force in England. These Regulations consolidate and replace the provisions of the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999 and subsequent amending legislation.
They introduce the following significant new features:
• a duty to give reasons for negative screening decisions;
• clarification regarding the handling of subsequent applications in relation to EIA development;
• changes to the screening of modifications or extensions to projects;
• confirmation that screening directions for Sch.2 development may be requested from the Secretary of State by any person, and that such direction may include development below the Sch.2 thresholds.
They also introduce new provisions, such as the inclusion of sites for the geological storage of carbon dioxide and installations for the capture of carbon dioxide streams for the purposes of geological storage.
The full text of the Regulations can be found here. Further guidance will be issued shortly by central government and published on this web page in due course.