Guidance

Apply for a consent decision

Updated 31 January 2024

Applies to England

• Publication for Northern Ireland
• Publication for Scotland
• Publication for Wales

To change uncultivated, semi-natural and rural land under the Environmental Impact Assessment (EIA) (Agriculture) Regulations, you must: 

1. Check if you need a screening decision. 

2. Apply for a screening decision.  

Your screening decision will either: 

• allow your work to go ahead 
• require you to apply for a consent decision 

Apply for a consent decision 

A consent application is the second step of a potentially 2-step application process.

Use consent application form EIA4 to apply for a consent decision. If you’re using an agent, they should fill in an agent authorisation form EIA2 and consent application form EIA4 on your behalf. 

Your application must include an environmental statement. You should include a map of the project area with your form.

Complete an environmental statement 

You should use an experienced specialist, such as an environmental or archaeological consultant, as appropriate to the project, to complete your environmental statement. The person that prepares the environmental statement must state their relevant expertise and qualifications.  

The environmental statement must include a description of the following factors that are likely to be significantly affected by the project: 

• population and human health  
• biodiversity, with focus on species and habitats protected under the Conservation of Habitats and Species Regulations 2017 
• land, soil, water, air and climate  
• material assets, cultural heritage and the landscape  
• the interaction between these factors  

The environmental statement must also include:  

• the location, design, size and other relevant features of the project – including a map will help meet this requirement  
• the alternatives you considered and reasons for your choice 
• what measures you’ll take to avoid, prevent, reduce or offset significant adverse effects on the environment 
• social or economic impacts which might result from a consent or refusal 
• ​​a non-technical summary covering the main points in your environmental statement  
• ​​​information stated within your ‘scoping opinion’  
• any additional information, in accordance with Environmental Impact Assessment (Agriculture) Regulations Schedule 3, relevant to the characteristics of the project and the environmental features likely to be affected

You can apply for a ‘scoping opinion’ to help produce your environmental statement. Your screening decision letter will also provide details of what Natural England considers likely significant effects on the environment.  

Apply for a scoping opinion  

To apply for a scoping opinion, complete application form EIA3 and email or post it to Natural England. This is free of charge. 

The scoping opinion will help you understand what information you must put in the environmental statement.  

Natural England may not have the information it requires to make a consent decision and may reject your application, unless you:  

• apply for a scoping opinion 
• act on a screening opinion when writing an environmental statement  

Once it receives your application for a scoping opinion, Natural England will: 

• use the information from the screening decision  
• consult with relevant bodies 
• send you a scoping opinion within 5 weeks if your request is valid 

Submit your consent application 

When you’re ready to submit your consent application, send Natural England your completed: 

• consent application form EIA4 and map of the project area
• agent authorisation form EIA2 if you use an agent 
• environmental statement – include an electronic version and hard copy 

Natural England needs the hard copy of your environmental statement for the public consultation. If you do not send one, Natural England will print it and may charge you for it. 

Natural England will check your application and: 

• publish the environmental statement for a 6-week public consultation 
• advertise where it will be available for comment locally and nationally 
• consult with appropriate statutory consultees and bodies 

Following the consultation, Natural England may need to request additional information from you in order to make the consent decision.

Consent applications open for public consultation 

When Natural England publishes consent applications for public consultation, they will be available on the public register of decisions.  

Result of consent decisions 

Natural England will make its consent decision after considering comments and advice from its consultations.  

Natural England will send you one of 3 decisions: 

• consent given 
• consent given with conditions 
• consent refused 

​​If you’re granted consent, or consent with conditions, y​ou must start your project within one year of the decision date and complete it within 3 years. If you do not do this, you must reapply for consent. 

Natural England will publish its consent decision in a newspaper, or by any other means it considers reasonable.   

Decisions are also recorded on the public register of decisions. 

Appeal against a consent decision 

If you want to appeal against a consent decision, you must do so in writing within 3 months of Natural England’s decision and: 

• describe the decision 
• state the grounds of appeal 

Details explaining how to appeal will be provided in the consent decision letter.

Send your appeal to the Secretary of State for Environment, Food and Rural Affairs by email: eia-appeals@defra.gov.uk.

You can also send your appeal by post:

Environmental Impact Assessment (Agriculture) Appeals Team 
Department for Environment, Food and Rural Affairs
Second floor, Seacole Building
2 Marsham Street
SW1P 4DF

Contact Natural England  

For more advice contact: 

Environmental Impact Assessment (EIA) (Agriculture) Unit 
Natural England 
Horizon House  
Deanery Road 
Bristol 
BS1 5AH  

Email eia.england@naturalengland.org.uk
Freephone 0800 028 2140