Approval of Onshore Project Modifications

ES Required

No ES Required

Action Needed

16 months

As early as possible

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).

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.

16 months

34 to 38 weeks (minimum)

15 months+

Submit a formal screening request to the LPA to confirm their interpretation of the requirements of the regulations (Optional).
If No EIA is required, proceed to application for modifications to planning permission.
34 weeks (minimum)

14 months +


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 . In addition to best practice, in adopting a formal scoping the LPA is required to complete this consultation with 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.

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

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)

Undertake Environmental Impact Assessment (EIA) and prepare ES.
28 weeks
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.
16 weeks
Submit ES/ES Addendum along with Application for modification to planning permission and other relevant documentation to LPA from consideration.
Complete necessary advertising for the ES including publishing notice(s) in relevant local newspaper(s) along with notices at the proposed development site.

Project Approval

Options for appeal?

Key Compliance

Ensure all commitments made within ES submitted in support of the planning application are met with in detailed design and subsequent implementation of new project.

Ensure all planning conditions of consent received are met within detailed design and implementation of the new project, particularly where planning conditions may update, or supersedes commitments made within the submitted ES.