UK agency and legislative context - Introduction to Environmental Impact Assessment - page 74

5 ha. In addition to any visual or ecological impacts, particular regard should also be
had to the potential traffic generation.

(b) Marinas. In assessing whether significant effects are likely, particular regard should be

had to any wider impacts on natural coastal processes outside the site, as well as the
potential noise and traffic generation. EIA is more likely to be required for large new
marinas, for example where

the proposal is for more than 300 berths (seawater site) or 100 berths (freshwater site).
EIA is unlikely to be required where the development is located solely within an existing
dock or basin.
(c+d+e) Holiday villages and hotel complexes outside urban areas and associated developments,
permanent camp sites and caravan sites, and theme parks. In assessing the significance of
tourism development, visual impacts, impacts on ecosystems and traffic generation will
be key considerations. The effects of new theme parks are more likely to be significant if
it is expected that they will generate more than 250,000 visitors per year. EIA is likely to
be required for major new tourism and leisure developments which require a site of more
than 10ha. In particular, EIA is more likely to be required for holiday villages or hotel
complexes with more than 300 bed spaces, or for permanent camp sites or caravan sites
with more than 200 pitches.

(f) Golf courses. New 18-hole golf courses are likely to require EIA. The main impacts are

likely to be those on the surrounding hydrology, ecosystems and landscape, as well as
those from traffic generation. Developments at existing golf courses are unlikely to
require EIA.

( Source: DETR 1999, 2000; ODPM 2003.)

A. A developer may decide that a project requires EIA under the T&CP Regulations, or
may want to carry out an EIA even if it is not required. If the developer is uncertain, the
LPA can be asked for an opinion (“screening opinion”) on whether an EIA is needed. To
do this the developer must provide the LPA with a plan showing the development site, a
description of the proposed development and an indication of its possible environmental
impacts. The LPA must then make a decision within three weeks. The LPA can ask for
more information from the developer, but this does not extend the three week decision-
making period.
If the LPA decides that no EIA is needed, the application is processed as a normal
planning application. If instead the LPA decides that an EIA is needed, it must explain
why, and make both the developer's information and the decision publicly available. If
the LPA receives a planning application without an EIA when it feels that it is needed,
the LPA must notify the developer within three weeks, explaining why an EIA is needed.
The developer then has three weeks in which to notify the LPA of the intention either to
prepare an EIS or to appeal to the SoS; if the developer does not do so, the planning
application is refused.
B. If the LPA decides that an EIA is needed but the developer disagrees, the developer
can refer the matter to the SoS for a ruling. 2 The SoS must give a decision within three
weeks. If the SoS decides that an EIA is needed, an explanation is needed; it is published
in the Journal of Planning and Environment Law. No explanation is needed if no EIA is
required. The SoS may make a decision if a developer has not requested an opinion, and