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Environmental Impact Assessments and Public Consultation in a Post-Brexit Climate

Following the Brexit result from the European Referendum (EU) in June 2016, the United Kingdom (UK) has been plunged into a period of uncertainty. Article 50, which Prime Minister Theresa May looks set to invoke at the end of March 2017, will trigger the two-year leave process from the EU, however, many concerns have been aired regarding the future for the UK, which it appears, for the time being at least, nobody can answer.

Whilst the government prioritises its efforts into securing new trade deals and international agreements to assure the general public of jobs and the economic viability of industries, the repercussions that such a move will have in the consultation domain are yet to be determined.

A key component of many controversial and large scale developments is Environmental Impact Assessment (EIA). Governed by the Town and Country Planning Regulations (2011), an EIA is defined as ‘the process by which the anticipated effects on the environment of a proposed development or project are measured’. The process produces an Environmental Impact Statement (EIS) which explains the findings from the EIA. Should environmental degradation or risk be too great, steps to mitigate severe environmental consequences may be adopted or suggested.

European Union (EU) Directive 2011/92/EU is where EIA stems from, as this Directive requires an ‘assessment of the effects of certain public and private projects on the environment’. Evidently, given EIA’s EU associations, it is quite possible that with the departure of the United Kingdom from the EU the requirements for EIA may change, although it is worth noting that it was through other international treaties that the UK signed up to conduct EIAs, rather than as a direct result of their EU membership.

Using examples, this report will draw on two consultation case studies; one where the EIA has failed and consequently caused the consultation to come under judicial review and the other, where the EIA was carried out successfully and provides a strong example which should be replicated in other environmentally orientated consultations. Given the recent approvals to fracking applications in Lancashire, the advances regarding nuclear power and the much-needed shift to renewable energies it is likely that EIA will form a part of many significant consultations.

To access the complete report, click here.

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