New Legislation – relating to infrastructure planning (16/05/2017) …

[UPDATE: For the subsequent government response to the consultation relating to this legislation (which was published after this legislation), please view this post.]

The following 1 new Statutory Instrument (SI) comes into force on 16/05/2017:

New Legislation:

  • May 2017: SI 2017 No. 572 - The Infrastructure Planning (Environmental Impact Assessment) Regulations 2017 (pdf) (link).


  • The above SI 2017 No. 572 is not summarised on the Planning Jungle website.
  • The above SI includes amendments to the following SI:
    - The Infrastructure Planning (Applications: Prescribed Forms and Procedure)
    Regulations 2009.
  • The "Explanatory Note" (link) at the end of the above SI includes the following information:
    - "These Regulations consolidate with amendments the provisions of the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009 (“the 2009 Regulations”) and subsequent amending instruments.".
    - "These Regulations also implement amendments to Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (“the Directive”) which were made by Directive 2014/52/EU.".
    - "These Regulations implement the requirements of the Directive for environmental impact assessment (‘EIA’) procedures in the context of the nationally significant infrastructure regime which extends to England and Wales and for limited purposes to Scotland. To the extent that these Regulations implement the Directive in relation to this regime, they extend to Wales and Scotland.".
    - "The main changes from the 2009 Regulations are:
    >>> to the circumstances in which a project may be exempt from the EIA process;
    >>> the introduction of co-ordinated procedures for projects which are also subject to assessment under Council Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora or Directive 2009/147/EC of the European Parliament and of the Council on the conservation of Wild Birds;
    >>> to the list of environmental factors to be considered as part of the EIA process;
    >>> to the information to be provided to inform a screening decision and the criteria to be applied when making a screening decision;
    >>> to the way in which an environmental statement is to be prepared, including an amendment to the information to be included in it, the introduction of a requirement that it be based upon a scoping opinion (where one has been obtained) and a requirement that it be prepared by a competent expert;
    >>> to the means by which the public is to be informed of projects which are subject to the EIA process; and
    >>> a requirement for decision-makers to avoid conflicts of interest.".

Other Sources of Information:

  • December 2016: Environmental Impact Assessment - Technical consultation (regulations on planning and major infrastructure) (pdf) (link).
  • April 2017: Explanatory Memorandum to SI 2017 No. 571 and SI 2017 No. 572 (pdf) (link).
  • [UPDATE] December 2017: Government response to the technical consultation on Environmental Impact Assessment (regulations on planning and nationally significant infrastructure) (pdf) (link).

Updates to the Planning Jungle website: