Approval of Onshore Project Modifications
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ES Required |
No ES Required |
Action Needed |
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16 months
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As early as possible |
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Identify relevant Planning Authority.
This will usually be the Local Planning Authority (LPA) in whose jurisdiction the development is proposed. EXCEPTION: Where a proposal falls under the jurisdiction of the Infrastructure Planning Commission (IPC) in England and Wales for a National Significant Infrastructure Project (NSIP); eg LNG facilities, underground gas storage facilities or gas reception facilities). |
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Determine need for Environmental Impact Assessment (EIA) of the proposed modifications.
See implications of recent judgement in the High Court of Justice, R (on the application of Baker) v Bath and North East Somerset Council (known as the ‘Baker’ case) (March1999), concerned the application of the EIA Directive to changes or extensions to existing or approved development. |
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16 months |
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34 to 38 weeks (minimum)
15 months+ |
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Submit a formal screening request to the LPA to confirm their interpretation of the requirements of the regulations (Optional).  |
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| N/A | |
If No EIA is required, proceed to application for modifications to planning permission.
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34 weeks (minimum)
14 months + |
N/A | |
Determine scope of EIA through submission of a request for a scoping opinion to the LPA. The scoping process should involve consultation between the developer, LPA, relevant agencies and statutory stakeholders Scoping phase should consider whether a full EIA is required or whether modifications can be covered under and addendum to an ES covering an existing application/permission. |
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| As early as possible | |
Identify if development occurs in vicinity of any habitats or protected species under EU Habitats Directive. Additional measures and a Habitats Regulatory Assessment may be required |
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28 weeks (minimum)
12 months + (depending on size of the development and environmental issues presented by the site eg seasonal impacts such as impacts on breeding birds) |
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Undertake Environmental Impact Assessment (EIA) and prepare ES.
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| 28 weeks |
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If deemed ‘major development’ under the Planning Act 2008, conduct pre-application consultation. NB Sufficient environmental information should be available to inform this consultation, however the fully completed ES is not a pre-requisite to commencement of this consultation exercise.
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| 16 weeks | |
Submit ES/ES Addendum along with Application for modification to planning permission and other relevant documentation to LPA from consideration.
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Complete necessary advertising for the ES including publishing notice(s) in relevant local newspaper(s) along with notices at the proposed development site.
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Project Approval |
APPLICATION DECISION | ||||
| Options for appeal? | |||||
Key Compliance
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