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Are Local Councils required by european law to provide and

Resolved Question:

Are Local Councils required by european law to provide and Environmental Impact Assessment for any planning application? Or are there specific categories of application for which the EIA is required? When was this introduced?
Submitted: 3 years ago.
Category: Property Law
Expert:  JGM replied 3 years ago.
This was introduced into law in 1988 and applies to new developments.

The current regulations are The Town and Country Planning (Environmental Impact Assessment) Regulations 2011. You can read these online here:

http://www.legislation.gov.uk/uksi/2011/1824/contents/made
Customer: replied 3 years ago.

Hi


 


I have looked a the legislation and I didn't feel it was very clear, which is why I was asking for legal help.


 


The specific example I have in mind is the development of a marina where it has been highlighted that there are levels of heavy metals in the silt. Part of the planning application was to move the silt. Would you expect that there would need to be and EIA as part of the planning process undertaken by the local council?


 


Kind regards


 


Sharon

Expert:  JGM replied 3 years ago.
Yes, that would be the type of development that would require that kind of assessment.
JGM, Solicitor
Category: Property Law
Satisfied Customers: 10904
Experience: 30 years experience in property law.
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