Guidance

Apply for a screening decision

Updated 31 January 2024

Applies to England

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

Check if you need a screening decision to change uncultivated, semi-natural or rural land under the Environmental Impact Assessment (EIA) (Agriculture) Regulations.  

If you do, you must ask Natural England if your changes will be likely to have a significant impact on the environment. The screening decision is the first step of a potential 2-step application process. 

A screening decision will either: 

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

Apply for a screening decision  

Complete a screening decision application form: 

• use form EIA1 for a project on uncultivated land or within a semi-natural area (SNA)   
• use form EIA1a for a rural land restructuring project 

With your form, include:

• an agent authorisation form (EIA2) if you use an agent or consultant
• responses from a consultation with the local county archaeologist and Local Environmental Records Centre (LERC) 
• other consultation responses required because of environmental features and the project location 

As you prepare your application, you’ll be able to identify which consultations to request.

Prepare your application  

Your application must include:  

• a description of the project, including what works are taking place and when  
• a description of the project’s location — this must include the environmental sensitivity of the area and any designated features likely to be affected by the project such as a national landscape (previously known as an area of outstanding natural beauty), national parks, scheduled ancient monuments or a site of special scientific interest (SSSI)
• a description of the environmental features likely to be affected by the project including a biodiversity assessment, historic environment assessment and, where appropriate, a landscape assessment — responses to consultations will help you meet this requirement 
• any features of the project that will reduce or avoid its impact on the environment
• a detailed map which shows the project location, areas of proposed works, features present within the project area and areas that will be excluded from works to assist you in meeting the above requirements

Your application must also include a description of the likely significant environmental effects of the project. The responses to your consultations will help you meet this requirement. You should consider:

• population and human health
• biodiversity, especially 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 EIA1 or EIA1a form will help with the information that you need to include. You can use an agent or consultant to do the assessments and prepare the application on your behalf.

Biodiversity assessment 

Assess and summarise the effects of the project on the biodiversity of your site. You must include: 

• whether land that includes at least one of the habitats or species of principal importance in England is on or near the project area 
• what Local Wildlife Sites are on or near the project area 
• what European protected plant and animal species are on or near the project area  
• what species protected under UK law Wildlife and Countryside Act schedules 1, 5 and 8 are on or near the project area  
• if the site is in a protected area, such as an SSSI, special area of conservation (SAC) or special protected area (SPA) 
• what protected areas are next to or near the site 
• the significance of the biodiversity to the area 
• your project’s effect on habitats and any protected species 
• how you will reduce or avoid the effect of the project on biodiversity   

You can get national biodiversity data and see protected areas on the Magic website. 

It is important to consult your LERC for local data on habitats, species and protected areas.  

If the LERC response confirms that a local wildlife site is on or adjacent to your project area, you should also consult your local Wildlife Trust. 

You can use the appropriate consultation response template.

Historic environment and archaeology assessment  

Assess and summarise the effects of the project on any areas of historic or archaeological interest on your site.  

You must include: 

• any designated historic environment features or archaeology within or near the project area such as scheduled ancient monuments, registered parks and gardens, registered battlefields, and World Heritage Sites
• any other historic environment features or archaeology within or near the project area
• the significance of the historic environment or archaeology
• the project’s effect on the historic environment or archaeology
• how you will reduce or avoid the effect of the project on the historic environment or archaeology

You can get national historic environment and archaeology information on the Magic website. But it will not cover all heritage or archaeological assets.    

It is important to consult your local authority archaeological adviser, who maintains the Historic Environment Record for your project area, to get information for your assessment. 

They will also advise if you will need to request an additional consultation response for non-designated historic parks and gardens from The Garden Trust. You can use the appropriate consultation response template.

You will also need to consult: 

• the National Park Authority, National Landscapes Association or the Broads Authority if the project is in one of those areas 
• Historic England if there is a scheduled ancient monument, registered park and garden, listed building, World Heritage Site or registered battlefield on or within 500m of the project land 

You can use the appropriate consultation response template.

Landscape assessment

Assess and summarise the effects of the project on landscape.

You’ll need to take the following actions, some of which may, depending on the location of your project, require you to make a consultation with an appropriate body or organisation to complete.

First, you’ll need to establish whether the project area is within or adjacent to a protected landscape using the Magic website and your LERC consultation.

If the project area is not within or adjacent to a protected landscape, identify the project area’s landscape character, using information from the National Character Area (NCA) profiles and the local landscape assessment (available from the local authority website).

If the project area is within or adjacent to a protected landscape:

• identify the special qualities and landscape character for the protected landscape, using information from the protected landscape management plan (including the protected landscape assessment) in addition to the NCA profiles (this will require a consultation as set out below)
• identify whether any of the special qualities and landscape character of the protected landscape are within the project area, using information from the protected landscape management plan (including the protected landscape assessment) in addition to the NCA profiles (this will require a consultation as set out below)

For all landscape assessments, regardless of project area proximity to a protected landscape:

• identify the potential effects of the project on the key landscape features, and if the project area is within or adjacent to a protected landscape, its special qualities, taking account of any consultation responses
• include a 1:25,000 scale map of the area (including public footpaths and publicly accessible land) of where the project area is potentially visible from.
• consider and explain how you will reduce or avoid the effects of the project on the landscape character, amenity and views, taking account of any consultation responses

You can get landscape advice and information from your local council. Local Landscape Character Assessments are free and available on local authority websites.

For landscape information within a protected landscape consult either the:

• National Parks Authority
• National Landscapes Association

For access and common land information consult:

• the Open Spaces Society if the project is on open access or common land
• the Foundation for Common Land if the project is on common land

If the project area is within common land check whether you need s38 common consent.

You can use the appropriate consultation response template.  

Submit your application for a screening decision 

Send your application and supporting documents to Natural England.  

Natural England will reject your request for a screening decision if you do not provide the information in the ‘Prepare your application’ section of this guidance. This is a legal requirement of your application.  

Natural England may request further information or consultation from you if it does not have enough information about the project to make a decision.

Natural England may inspect your land to assess your application or get in touch to check the information.

Result of screening decision 

Natural England will: 

• decide whether your proposal is likely to have a significant effect on the environment 
• try to reach a decision within 35 days from receipt of a valid application  

It may take longer if Natural England needs more information or to consult interested people or organisations. Natural England will write to you if this is the case. 

The screening decision will either: 

• tell you that you can carry out the work that you proposed 
• move you to the second step of the application process to apply for a consent decision to carry out the work, as it’s likely to have an environmentally significant effect on the land 

The screening decision is valid for 3 years from the decision date.

You will have to re-assess whether the project requires a screening decision if you do not begin work within 3 years.  

You may need to reapply for a screening decision, even if the original decision was that the land did not need one.  

Before you start work 

Before you start work, you must: 

• get any other required permissions and changes to land management agreements approved 
• make sure your proposal follows the requirements of your other agri-environment scheme agreements, such as Countryside Stewardship, or Sustainable Farming Incentive  
• get required permissions from other agencies, such as the Environment Agency if you propose spraying a herbicide within 1m of a watercourse or the Planning Inspectorate on behalf of the Secretary of State if your works restrict public access on a common (such as putting up a new fence)

Appeal against a screening decision 

If you want to appeal against a screening 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 of the appeals procedure will be in the screening 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