Post Implementation Review: Infrastructure Planning (Environmental Impact Assessment) Regulations 2017
Published 17 March 2023
Applies to England
© Crown copyright 2023
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Title: Infrastructure Planning (Environmental Impact Assessment) Regulations 2017
PIR No: n/a
Original IA/RPC No: n/a
Lead department or agency: DLUHC
Contact for enquiries: Robert Carlsson
Post Implementation Review
Date: 21 May 2022
Type of regulation: EU
Type of review: Statutory
Date measure came into force: 16 May 2017
Recommendation: Replace
RPC Opinion: n/a
1. Background
The Infrastructure Planning (EIA) Regulations 2017 transposed the EU system of environmental assessment into domestic law and the European Union (Withdrawal) Act 2018 retained these provisions at the end of the transition period. With the repeal of the European Communities Act 1972 the government needs to secure powers in primary legislation if it is to repeal and replace the EU system. DLUHC is responsible for the EU derived environmental assessment regime throughout the planning system in England. This applies to projects consented under the Planning Act 2008 (i.e., the nationally significant infrastructure project (NSIP) regime).
2. What were the policy objectives of the measure?
To ensure the EU EIA Directive is transposed to UK law in a way that lightens administrative burdens on business without weakening environmental safeguards. The new regulations introduce modifications to the EIA process including: a binding scoping report; expanded list of environmental factors; clarification that only significant effects of a project need to be considered in the environmental statement; the introduction of monitoring requirements; a requirement for statements to be produced by competent experts and reviewed by authorities with access to ‘sufficient expertise’; and confirmation developers may provide a description of project features envisaged to avoid adverse environmental effects at screening stage.
3. What evidence has informed the PIR?
The PIR has been informed by engagement with system users and the academic literature, covering both academic and sectoral reviews.
4. To what extent have the policy objectives been achieved?
What have been the actual costs and benefits of the measure and its effects on businesses, and how do these compare with what was forecast?
No certain evidence for reduced costs: We do not have comprehensive data on EIA costs as developers aren’t willing to disclose for confidentiality reasons. A Contracts Finder website review provides a recent example of £1,000,000 for production of a scoping report for Phase 1 of a new railway.
Administrative burden is still high: A review of recent projects accepted for examination on the PINS website shows a range of 56-267 for the number of documents submitted in the corresponding environmental statements, compared to 55-96 documents for projects submitted before 2017. We can see that the administrative burden is still high however, during the same time the NSIP regime in general has changed (see section 7), so we cannot draw certain links between administrative burden and the impact of the new regulations as rigorous evaluation methods cannot be applied.
5. Description of recommendation
Recommendation to replace the regulations: The administrative burden and high costs for producing an EIA has led DLUHC to begin developing a streamlined system of environmental assessment. Powers to repeal and replace the existing EU system are being sought in the Levelling Up and Regeneration Bill and new regulations will be laid through secondary legislation using the affirmative procedure. The new system will introduce an efficient process that secures high standards of environmental outcomes, tailored to the UK context.
Sign-off for Post Implementation Review: Minister
I have read the PIR and I am satisfied that it represents a fair and proportionate assessment of the impact of the measure.
Signed: Rachel Maclean
Date: 13 February 2023