Planning and transport authorities: get environmental advice on planning
Find out when you must consult Natural England or the Environment Agency if you're preparing plans or considering development proposals.
Applies to England
This guide explains what consultations you must do with the Environment Agency and Natural England. It applies to:
- local planning authorities
- combined authorities (Greater Manchester, Liverpool City Region, West of England and Greater London)
- transport authorities
- elected mayors
Spatial development strategies, local plans and neighbourhood plans
Before you start your plan, you must consult the relevant agency if you think it affects their environmental interests.
Use this table to find out which agencies you must consult:
| Your plan | Consult Natural England | Consult the Environment Agency |
|---|---|---|
| requires a sustainability appraisal | Yes | Yes |
| requires a strategic environmental assessment | Yes | Yes |
| affects protected sites and areas, such as sites of special scientific interest, national parks or marine protected areas | Yes | No |
| affects the best and most versatile agricultural land | Yes | No |
| includes reclaiming land previously used for mining or waste management to agricultural use | Yes | No |
| affects protected species | Yes | No |
| affects ancient woodland and veteran trees | Yes | No |
| affects flooding and coastal erosion | No | Yes |
| affects waterbodies identified in river basin management plans by including plans to develop next to water bodies, restore water bodies to a more natural state or increase water efficiency | No | Yes |
| involves land that may be affected by contamination from a previous use such as disused railways | No | Yes |
| affects land for waste management or mineral extraction | No | Yes |
| includes sites that the Environment Agency regulates, such as intensive agricultural activity | No | Yes |
| identifies environmental opportunities that could be achieved such as ‘green infrastructure’ and biodiversity improvements | Yes | Yes |
Use the Magic map to show the location of protected sites and protected areas including SSSIs, national parks and areas of outstanding natural beauty.
Spatial development strategies and local plans
What you need to send and how soon you’ll hear back will vary depending on your situation.
| What you’re doing | What you need to send | When you’ll get a response |
|---|---|---|
| Deciding on the extent of the issues to be assessed in a sustainability appraisal (known as ‘scoping’) | Details on scope and level of detail of information to be included in sustainability appraisal | 5 weeks |
| Doing a sustainability appraisal for your plan | Draft plan Environmental report Draft habitats regulations appropriate assessment (if required) |
Agencies will agree a time with you - usually 5 weeks |
| Preparing your draft local plan | Information about the content of the plan | Minimum 6 weeks |
| Asking for comments on your early draft local plan | Draft local plan Environmental report with evidence such as a strategic flood risk assessment Draft habitats regulations appropriate assessment (if required) |
Agencies will agree a time with you - usually 6 weeks |
| Asking for comments on your final draft plan (known as the ‘publication stage’) | local plan Environmental report with evidence such as a strategic flood risk assessment habitats regulations appropriate assessment (if required) |
Agencies will agree a time with you - usually 6 weeks |
| Asking for comments on your draft spatial development strategy | Draft plan Environmental report habitats regulations appropriate assessment (if required) |
12 weeks |
| Asking for comments on proposed modifications to your plan | Details of proposed changes | 6 weeks |
Neighbourhood plans
| What you’re doing | What you need to send | When you’ll get a response |
|---|---|---|
| Giving an opinion on a plan’s environmental effects (known as ‘screening’) | A map of the plan area and the purpose of the plan | Agencies will agree a time with you - usually 6 weeks |
| Asking for comments from the agencies about a new plan | The plan | Agencies will agree a time with you - usually 6 weeks |
| Strategic environmental assessment (if required) | Evidence as an environmental report | Agencies will agree a time with you - usually 5 weeks |
Considering planning applications, permission in principle, technical details consent and development orders
Use this table to find out which agencies you must consult. You can consult the agencies on issues not covered in this table if the proposals affect their environmental interests.
| The proposal | Consult Natural England | Consult the Environment Agency |
|---|---|---|
| requires an environmental impact assessment (EIA) | Yes | Yes |
| requires a habitats regulations appropriate assessment of the effect it may have on European protected sites | Yes | No |
| is in or likely to affect a site of special scientific interest (SSSI) | Yes | No |
| will result in a loss of over 20 hectares (ha) of the best and most versatile agricultural land, unless the land is included in policies or proposals in a local or neighbourhood plan | Yes | No |
| reclaims land previously used for mining or waste management to agricultural use | Yes | No |
| is for development involving hazardous substances in a naturally sensitive area, such as an SSSI | Yes | No |
| is for development that will be used to handle, produce, use or store hazardous substances and is within the area at risk if a major accident happens nearby (see the Health and Safety Executive guidance on development near hazardous sites) | No | Yes |
| is in flood zones 2 and 3 (first read the Environment Agency’s flood risk guidance, known as ‘standing advice’) | No | Yes |
| is in flood zone 1 - with critical drainage problems (the Environment Agency will have told your LPA if this is the case) | No | Yes |
| is for a cemetery or cemetery extension | No | Yes |
| is for mining or mining exploration | No | Yes |
| is for storing oil and fuel and their by-products like petrol station | No | Yes |
| is for major development that doesn’t use existing sewerage infrastructure for sewage treatment | No | Yes |
| is in or likely to affect water bodies identified in river basin management plans | No | Yes |
| is in or likely to affect groundwater in source protection zones | No | Yes |
| includes land affected by contamination from a previous activity such as a former power station or disused railway | No | Yes |
| is for the storage of sludge or slurry | No | Yes |
| is for storage, transfer or treatment of waste products or refuse | No | Yes |
| is within 20m of the top of the bank of a main river | No | Yes |
| is for intensive pig, poultry or dairy units | No | Yes |
| is in or likely to affect areas identified in local plans (as coastal change management areas) to be affected by coastal erosion | No | Yes |
| is for ‘permission in principle’ (PIP) and the proposed site meets the criteria in this table | Yes | Yes |
| is for a site with PIP ( the ‘technical details consent’ stage) and the agency made a written request at the PIP stage to be consulted | Yes, if you’re advised in writing at the PIP stage | Yes, if you’re advised in writing at the PIP stage |
Use this guidance, known as ‘standing advice’ if planning applications affect:
Check if the proposed development is on or might affect any protected sites, protected areas or marine protected areas by using the Magic map guidance.
Consult the Marine Management Organisation for coastal proposals (like slipways, jetties and dredging). Find out about the permits, consents and licences that a developer might need for coastal developments.
What you need to send
You must provide enough information about the plan or proposal for the environmental agencies to comment. You must include any environmental effects in the plan or proposal. In some cases you may need to get further surveys or assessments done before the agencies can give advice.
Planning applications, PIP and technical details consent
| What you’re doing | What you need to send | When you’ll get a response |
|---|---|---|
| Preparing an EIA scoping opinion, that is deciding on the issues that need to be assessed | Your scoping opinion | Within 5 weeks |
| Deciding on a planning application | The planning application with relevant supporting environmental information such as a draft habitats regulations appropriate assessment if required | Within 21 days, or longer if agreed in writing |
| Deciding an EIA planning application | The planning application with relevant supporting information including the environmental statement that provides an assessment of the effect the proposal may have on the environment Draft habitats regulations appropriate assessment if required |
Within 30 days, or longer if agreed in writing |
| Deciding whether to give a site permission in principle and to list it in Part 2 of a brownfield land register | Details of the proposal with relevant environmental information to show that the site is suitable in principle | Within 21 days |
| Deciding whether to grant permission in principle for non-major development | Details of the proposal with relevant environmental information to show that the site is suitable in principle | Within 14 days (or longer if agreed in writing) |
| Deciding an application for ‘technical details consent’ after granting permission in principle | Details of the proposal with relevant supporting environmental information | Within 21 days (or longer if agreed in writing) |
Local development orders (LDOs) and neighbourhood development orders (NDOs)
| What you’re doing | What you need to send | When you’ll get a response |
|---|---|---|
| Working on an LDO | Draft LDO | Agencies will agree a time with you - usually within 28 days |
| Consulting on your environmental statement for an LDO | Draft LDO Environmental statement (only for EIA development) |
Agencies will agree a time with you - usually within 30 days |
| Consulting on your environmental statement for an NDO | Draft NDO Environmental statement (only for EIA development) |
Agencies will agree a time with you - usually within 6 weeks |
You may be asked to provide extra information with the proposal, such as:
- a ‘foul drainage assessment’ for proposals where connecting drainage to the public sewer to carry contaminated waste water isn’t feasible
- a flood risk assessment for proposals within a flood zone or at risk of local flooding
- a water cycle study to make sure the proposal is sustainable and doesn’t have an impact on water supply, water quality or flooding
- water supply or water quality assessment if one or both are affected
- an assessment of the landscape and visual impacts on protected areas such as areas of outstanding natural beauty or on protected species
Environmental assessments
You must consult Natural England and the Environment Agency about plans and projects that need an environmental assessment. These are:
- environmental impact assessments for development projects
- strategic environmental assessments for plans and programmes
- sustainability appraisals for local plans
- habitats regulations appropriate assessments for plans and projects (Natural England only)
You may be asked to provide extra information with the proposal, even if an environmental assessment isn’t needed.
Contact the agencies
Consult the relevant agency in writing by email or letter.
Natural England
Email consultations@naturalengland.org.uk
Natural England consultation service
Hornbeam House
Electra Way
Crewe Business Park
Crewe
Cheshire
CW1 6GJ
Environment Agency
Email enquiries@environment-agency.gov.uk
Environment Agency
PO Box 544
Rotherham
Yorkshire
S60 1BY
What you’ll get back
The written response you receive from Natural England or the Environment Agency will depend on the:
- level of risk the proposal has on the environment, for example you’ll get a standardised response for a low risk proposal
- stage the plan, order or planning proposal has reached, for example you’ll get more advice if you’ve sent in a completed draft plan
- environmental opportunities that could be achieved such as ‘green infrastructure’ and biodiversity improvements of the site and surrounding area
Last updated 6 December 2023 + show all updates
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Updated information on Impact Risk Zones for sites of special scientific interest (SSSIs).
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Guidance includes spatial development strategy considerations.
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Details added about when to consult the relevant agencies on proposals for 'permission in principle'.
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Content has been improved to make it clearer to: * decide which agency you need to consult * what you need to send the relevant agency at the stage you're consulting them * when you'll get a response
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First published.