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| Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 | |
|---|---|
| Title | Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 |
| Jurisdiction | United Kingdom |
| Enacted | 2009 |
| Relevant laws | Town and Country Planning Act 1990, Planning Act 2008, European Union Habitats Directive, European Parliament directives |
| Status | amended |
Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 established procedural rules for environmental impact assessment linked to nationally significant projects under the Planning Act 2008 and intersected with obligations arising from the European Parliament's directives and the European Commission's environmental policy. The Regulations framed the requirements for an Environmental Impact Assessment process applicable to development consent orders considered by the Infrastructure Planning Commission (later functions transferred to the Secretary of State for Housing, Communities and Local Government and the Planning Inspectorate). They aimed to integrate assessments required by the Convention on Environmental Impact Assessment in a Transboundary Context and domestic statutory regimes such as the Town and Country Planning Act 1990.
The Regulations derived from implementing instruments under the European Union's Environmental Impact Assessment Directive and were designed to align with rulings of the European Court of Justice and guidance from the Department for Environment, Food and Rural Affairs. They provided a statutory framework for assessing impacts of projects designated by the Planning Act 2008 and informed decision-making by authorities including the Secretary of State for Transport and the Secretary of State for Business, Energy and Industrial Strategy on infrastructure such as ports, railways, and energy installations. The purpose was to ensure compliance with obligations under the Habitats Directive and to operationalize environmental safeguards similar to those in the Convention on Biological Diversity and the Ramsar Convention.
The Regulations applied to development projects specified as nationally significant, notably those in schedules mirrored from the Planning Act 2008 lists for energy, transport, waste, and water infrastructure. They defined thresholds and criteria influenced by precedents from cases like R (on the application of ClientEarth) v Secretary of State for Business, Energy and Industrial Strategy and interactions with consent regimes under the Electricity Act 1989 and the Harbours Act 1964. Applicability extended to projects affecting areas designated under the Sites of Special Scientific Interest framework, Special Areas of Conservation, and Special Protection Areas established by the Conservation of Habitats and Species Regulations 2017.
Procedural steps followed a sequence established by the Regulations: screening, scoping, preparation of an Environmental Statement, consultation, and submission with a Development Consent Order application to the Planning Inspectorate. Timelines referenced statutory periods analogous to those in the Public Inquiry process and were influenced by case law from the Supreme Court of the United Kingdom and the Court of Appeal (England and Wales). The Regulations set deadlines for scoping opinions, consultation periods, and publication requirements comparable to administrative timetables under the Secretary of State for Environment, Food and Rural Affairs and interaction with the Environment Agency’s permitting schedules.
An Environmental Statement under the Regulations had to include comprehensive assessments of likely significant effects on human populations, biodiversity, land use, and cultural heritage such as assets covered by the Ancient Monuments and Archaeological Areas Act 1979 and sites listed by Historic England. The content aligned with methodologies used by bodies like the Joint Nature Conservation Committee and reflected standards promoted by the Royal Society for the Protection of Birds and the National Trust for assessing impacts on designated landscapes and habitats. Requirements referenced data collection comparable to that used in environmental assessments for projects reviewed by the Infrastructure Planning Commission and set out mitigation, alternatives, and residual effects.
The Regulations mandated statutory consultation with specified consultees including the Environment Agency, the Health and Safety Executive, local planning authorities, and statutory environmental bodies such as the Scottish Environment Protection Agency in cross-border contexts. Public participation procedures mirrored principles endorsed by the Aarhus Convention and were designed to enable stakeholders including local authorities, parish councils, non-governmental organizations like Friends of the Earth and professional bodies such as the Royal Town Planning Institute to engage during pre-application and examination phases. The process incorporated requirements for publicity consistent with practices used in inquiries overseen by the Planning Inspectorate.
Decisions on Development Consent Orders required the decision-maker to consider the Environmental Statement alongside representations from consultees and the public, with accountability to ministers such as the Secretary of State for Business, Energy and Industrial Strategy or the Secretary of State for Transport depending on sector. Consent conditions and requirements for mitigation drew on precedent from regulatory instruments like the Environmental Permitting (England and Wales) Regulations 2016 and the Wildlife and Countryside Act 1981. Judicial review principles articulated by the High Court of Justice and the Supreme Court of the United Kingdom informed challenge routes against decisions.
Post-consent compliance obligations under the Regulations interfaced with monitoring regimes administered by the Environment Agency, enforcement powers of the Secretary of State for Levelling Up, Housing and Communities, and biodiversity oversight involving the Joint Nature Conservation Committee. Breach of consent conditions could trigger enforcement steps similar to those applied under the Town and Country Planning Act 1990 and may involve scrutiny by the National Audit Office for public sector projects. Adaptive management and long-term monitoring were encouraged, drawing on best practice from environmental assessments for infrastructure projects overseen by bodies such as Highways England and national energy regulators.