UK agency and legislative context - Introduction to Environmental Impact Assessment - page 77

developer and other interested parties could agree on what would be included in the EIA.
Indeed, there was no requirement for any kind of consultation between the developer and
other bodies before the submission of the formal EIA and planning application, although
guidance (DoE 1989) did stress the benefits of early consultation and early agreement on
the scope of the EIA. The 1999 Regulations now enable a developer to ask the LPA for a
formal “scoping opinion” on the information to be included in an EIS—in advance of the
actual planning application. This allows a developer to be clear on LPA views on the
anticipated key significant effects. The request must be accompanied by the same
information provided for a screening opinion, and may be made at the same time as for
the screening opinion. The LPA must consult certain bodies (see D), and must produce
the scoping opinion within five weeks. The time period may be extended if the developer
agrees. There is no provision for appeal to the SoS if the LPA and developer disagree on
the content of an EIS. But if the LPA fails to produce a scoping opinion within the
required timescale, the developer may apply to the SoS (or Assembly) for a scoping
direction, also to be produced within five weeks, and also to be subject to consultation
with certain bodies. The checklist (DETR 2000) provides a useful aid to developerLPA
discussions (see Table 3.5).
Table 3.5 Checklist of matters to be considered for
inclusion in an environmental statement

This checklist is intended as a guide to the subjects that need to be considered in the course of
preparing an environmental statement. It is unlikely that all the items will be relevant to any one
project.
The environmental effects of a development during its construction and commissioning phases
should be considered separately from the effects arising whilst it is operational. Where the
operational life of a development is expected to be limited, the effects of decommissioning or
reinstating the land should also be considered separately.

Section 1
Information describing the project
1.1 Purpose and physical characteristics of the project, including details of proposed access

and transport arrangements, and of numbers to be employed and where they will come
from.

1.2 Land-use requirements and other physical features of the project:

• during construction;

• when operational;

• after use has ceased (where appropriate).

1.3 Production processes and operational features of the project:

• type and quantities of raw materials, energy and other resources consumed;

• residues and emissions by type, quantity, composition and strength including;

— discharges to water;

— emissions to air;