Environmental impact assessments: don’t get raked over the coals

New year, new me… now we’re into 2025, you might be considering your development plans for the year ahead. But if your proposed development is in an environmentally sensitive area or meets certain thresholds relating to the likely environmental impact, you may need an Environmental Impact Assessment (EIA) before you can proceed.

If a development falls within the scope of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, an EIA will be required before submission of a planning application.

EIAs aim to provide planning authorities with all the facts so that they can consider them when deciding whether to grant planning permission on environmental grounds. Applicable developments can be anything from deforestation to the construction of new buildings.

How projects can fall foul of EIAs

A recent example highlighting the significance of EIAs is the quashing of the Whitehaven coal mine planning application in Cumbria. This prospective coal mine had previously been given the green light in 2022 from the then-Government, which was overruled after campaigning from environmental groups.

Although several factors were at play, a key reason for this rejection was the EIA carried out when planning permission was initially sought. Specifically, it focused on downstream emissions, which are those that result as a natural consequence of the proposed use.

Think, for example, of fossil fuel emissions resulting from the extraction of coal or oil, which would obviously then be burnt and release emissions.

The defendant had tried to establish a substitution argument that the net emissions are ‘neutral’ because the coal extracted from this site would simply be “substituted” by coal extracted elsewhere, such as in America.

Whilst the court did not dismiss the possibility of making such an argument, they held that a more detailed analysis of the environmental impact was required to demonstrate that the substitution did result in a neutral environmental impact.

This is obviously at the more extreme end, and we certainly aren’t expecting to be awash with queries about new coal mines. However, this case does serve as a useful reminder as to why EIAs are in place.

It highlights the need for detailed analysis to ensure that any proposed agricultural activities do not have adverse environmental consequences. This is particularly relevant for large-scale farming operations or projects that may involve significant land use changes or resource extraction.

If you’re considering development and want to know how we can help put your plans into action, contact the team at Muckle LLP for advice using 01768 347 084