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Environmental impact - housing developments |
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An Environmental Impact Assessment (EIA) may be needed under the EIA
Regs 1999. Basically, if the development falls within the scope of Sched 1
then an EIA is always required, whereas if it falls within Sched 2, then an
EIA
will be needed if it is likely to have a significant effect upon the environment
by virtue of its nature, size or location.
In practice Sched 2 developments
are
now taken to include housing developments - in general terms, a housing
development application on land over 0.5 hectares (although that is not the
only test - and on appeal the threshold does not necessarily apply) should
either be accompanied by an environmental statement or be screened by the
LA to the effect that no environmental statement is required. Failure to do
so could render any subsequent grant of planning consent open to a
successful judicial review. The 0.5 hectares limit is not hard and fast but
there does seem to be a lack of appreciation that the EIA Regs can apply to
such small-scale developments. See [2005] 152 Property Law Journal 5.
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July 2005 |
