It is quite common for the LPA to raise the issue of the need for an EIA early in the planning application process. Guidance from central government on EIA is quite clear, and the thresholds for mandatory EIA are fairly high. In the majority of cases where the LPA may request an EIA the legislation makes it possible to “screen out” a proposal. This is done by presenting to the local authority a short report summarising why the proposals, by reason of scale or lack of likely significant impacts, does not require an EIA.
The report, called a Screening Request, needs to be supported by some basic preliminary assessment of likely significant impacts. For ecology, this is a Phase 1 survey. Following the survey a screening request can be made, and it would be comprehensive and include a summary of findings in other areas where likely significant impacts are unlikely.
The Screening Request asks the competent authority to screen out the application from the EIA process. If they fail to do so, they must present their reasons why. If the applicant is not satisfied with the response of the local planning authority, there is an appeal process whereby the DCLG reviews the Screening Request.
JFA have undertaken a number of these and are happy to help clients if they wish to take this route.
Scoping Request
This is similar to a screening request. However, it assumes that an EIA is required for an application, but seeks to limit the areas covered by the EIA. The process is similar to the Screening Request, but makes the case that certain areas need not undergo the EIA process as they will be unlikely to give rise to significant environmental impacts. The application and appeal process is similar to that for a Screening Request.