Unit 3:  Current Legislation Affecting UK Industry: Overview

3.1.1 Planning Applications

Local Planning Authorities (LPA's) are necessary in this process to consider all aspects of planning proposals which are also set to include all aspects of planning proposals which include environmental effects and socio-economic factors. The environmental impact of a development must always be considered in planning submissions and in certain cases LPA requires this to be undertaken formally by the preparation of an ES. In the majority of cases it is the responsibility of the LPA to decide whether a certain planning application should be supported by an EA although for some projects, other government bodies are the authority set to determine this.

The TCP Regulations cover two types of projects:

  • Schedule 1
    Projects for which EA is mandatory. Examples of these are power stations or Special Waste landfill sites.

  • Schedule 2
    Projects where the determining authority may require an EA. Examples include mineral extraction, some industrial plants or motorway services.
In decision making in schedule 2 projects, the LPA may ask for information from the developer in great enough detail as to decide whether significant environmental effects are likely.

The developer has the right of appeal against the LPA decision.

There is no provision for public involvement at this stage of the planning procedure, although lobbying of councillors and council officials may be effective where it is thought that the LPA should request an ES.

The ES should help the LPA in making decisions upon the planning application; applications cannot be refused on the basis of a poor ES. Further information may be requested from the developer in this case.The EIA process has only be briefly introduced as the subject matter concerns large projects such as power stations and oil refineries, although some background knowledge on the subject will be useful in terms of understanding the broader picture of UK environmental law. It is suggested therefore, that you read around this subject concentrating particularly upon: