Significant infrastructure projects (SIP): environmental impact assessment guidance

Environmental Impact Assessment (EIA) is a tool that is used to assess the potential environmental impacts of a development. EIA applies to projects which are likely to have significant environmental impacts due to their nature, scale or are located within an environmentally sensitive area. 

This is information on the use of EIA for projects in Wales which the Welsh Ministers decide. It should be read alongside the relevant EIA regulations for your project and any specific EIA guidance relevant to your application. 

The types of projects which are EIA development are set out in the relevant regulations. In particular:

• ‘Schedule 1 development’ which is automatically defined as EIA development such as nuclear power stations, integrated chemical installations, construction of motorways, waste disposal of hazardous waste; and
• ‘Schedule 2 development’ which is other specified development with applicable thresholds over which development likely to have significant effects on the environment by virtue of factors such as its nature, size or location.

Under the EIA Regulations, the Welsh Ministers also have the power to direct that an application is EIA development. Applicants may also decide to undertake a voluntary EIA without requesting a direction from the Welsh Ministers.

Applications which are EIA development must be accompanied by an Environmental Statement (‘ES’) setting out the likely impacts on the environment. 

Even where an application is not EIA development, certain environmental information may still be required with the application, for example a flood risk assessment, a landscape and visual impact assessment, or information on the historic environment. Applicants are advised to discuss proposals with PEDW as early as possible to seek clarification on the information required. 

Prospective applicants are encouraged to consider whether their application will require EIA at an early stage. Applicants may choose to request an EIA screening or scoping direction from PEDW.

There may be a charge for an EIA screening or scoping directions, applicants are advised to check the relevant fee schedule to their application. 

Defining the project for EIA purposes

Before submitting a Screening or Scoping request the applicant must identify the whole of ‘the project’ for the purposes of EIA beyond the description of development. This may include elements of the overall project which will not be part of the application. 

Where there are multiple related projects, applicants should consider the following which may indicate that they constitute a single project for EIA:

• Ownership: two sites owned or promoted by the same person
• Simultaneous determinations: where two applications are considered and determined and subject to reports which cross refer to one another
• Functional interdependence: where one part of a development could not function without another 

A screening request can be submitted to determine whether a proposed project requires an EIA. 

Submission requirements for EIA screening requests 

Applicants must provide:

• a plan sufficient to identify the land drawn to an identified scale, showing the direction of north
• a description of the development, including:
  • a description of the physical characteristics of the whole development and, where relevant, of demolition works
  • a description of the location of the development, with particular regard to the environmental sensitivity of geographical areas likely to be affected
• a description of the aspects of the environment likely to be significantly affected by the development, including any preliminary technical / survey work
• a description of any likely significant effects, to the extent of the information available on those effects, of the proposed development on the environment resulting from:
  • the expected residues and emissions and the production of waste, where relevant
  • the use of natural resources, in particular soil, land, water and biodiversity
• such other information about any measures envisaged to avoid or prevent likely significant effects on the environment.

The description of the development should set out all aspects of the environment likely to be significantly affected by the development using the headings in Schedule 3 to the EIA Regulations, being:

• characteristics of the development
• location of the development
• characteristics of the potential impacts

If sufficient information has not been provided with a screening or scoping request, PEDW may request additional information.

We aim to issue the Screening Direction within 21 days of receipt of the request or submission of any requested further information.

Where EIA is required applicants may request a formal scoping direction on the information to be included in the Environmental Statement (ES). 

Applicants should only request a scoping direction once there is: 

• sufficient certainty about the description of the proposed development
• sufficient understanding of how the proposed development is likely to have a significant environmental effect.

Submission requirements for EIA scoping requests

A request for a scoping direction in the form of a scoping report, must include the same information set out above for EIA screening requests. In addition:

• an outline of the main alternatives considered and the reasons for selecting a preferred option
• results of desktop and baseline studies where available
• a record of consultation undertaken with relevant bodies (including any public engagement) to date
• referenced plans presented at an appropriate scale to convey clearly the information and all known aspects associated with the proposal
• guidance and best practice relied upon, and whether this has been agreed with the relevant bodies (for example the statutory nature conservation bodies or local authorities) together with copies of correspondence to support these agreements
• methods used or proposed to be used to assess impacts and the significance criteria framework used
• any mitigation proposed and the extent to which these are likely to reduce impacts
• where impacts from consequential or cumulative development have been identified, how applicants intend to assess these impacts in the ES (for example, a high level assessment of the grid connection where this does not form part of the proposed development for a power station)
• an indication of any European designated nature conservation sites that are likely to be significantly affected by the proposed development and the nature of the likely significant impacts on these sites
• key topics covered as part of applicants’ scoping exercise
• justification for matters the applicant wishes to scope out
• an outline of the structure of the proposed ES.

The elements of the proposed development likely to have a significant environmental effect should also be identified. Where uncertainty remains, the applicant should provide as much detail as possible or assume the worst-case scenario.

Determining the scope 

PEDW will issue a scoping direction, having taken into consideration the information provided in the applicant’s scoping report and the comments provided by any consultees. 

The scoping direction will include:

• any consultation responses received in relation to the scoping request
• comments on the scope of the ES
• comments on the methodology proposed including suggested consultation

PEDW offers pre-application advice and can issue updates to scoping directions on request if additional information is provided or the project changes. 

PEDW aims to issue a scoping direction within 8 weeks of receiving a scoping request, or such longer period as may be reasonably required.

Subsequent changes to the project or environmental information

If new information becomes available that may affect whether the proposal is EIA development, or where the proposed development itself significantly changes applicants should submit a new screening and/or scoping request.

Similarly, if an application is submitted and something has materially changed since the screening decision was issued, PEDW will re-screen the proposed development before the application is validated. If the re-screening determines that the application is EIA development, an ES will be required and the application cannot be validated until the ES is provided.

• The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 (as amended)
• The Marine Works (Environmental Impact Assessment) Regulations 2007 (as amended)