This section covers core information related to the activities that must occur after a developer has submitted their planning application for an EIA development, including the duties planning officers undertake from receipt to issuing the decision notice.
The page covers the following:
- The developer’s EIA Report (EIAR)
- Key planning officer duties on receipt of an EIA application
- The planning authorities examination of the environmental information
- Integrating the planning authorities reasoned conclusions on significance into the decision
- Coverage of EIA related information in/alongside the decision notice
Further details are available in the slides and recording at the bottom of this page.
During Validation
The process starts with the developer’s submission of the application that relates to an EIA development, and this must be accompanied by an EIAR. It is advisable for planning officers need to make a few checks at this point. The first is whether the application is an EIA development, in many cases this will already be known due to an earlier screening request from the developer and a screening opinion issued by the planning authorities; however, if the proposed development is a Schedule 2 development and has not previously been screened, that process must be completed to determine if an EIAR is required or not – see the Screening page for further details.
Where the developer submits an EIAR, planning officers should check this document to ensure it meets the legislative requirements that define the minimum content coverage to be an EIAR. This information is set out in Regulation 5(2) (a to f) and additionally covers any of the information specified in Schedule 4 of the Regulations that is relevant to the development and environment likely to be affected.
After Validation
Following validation, the planning officer’s EIA duties relate to ensuring that the EIA procedures around notices, publication and consultation are effectively delivered so that they generate the environmental information, which they will examine in the next step.
The notice of an EIA application must be sent to those on ‘neighbouring land’, which has the same meaning as defined under the Development Management Procedure Regulations. Schedule 5 of the 2017 EIA Regulations sets out the form of the notice required to indicate that an EIAR and related documents are available for inspection.
Publication of the EIAR, alongside the application, has several activities that the planning officer must ensure are delivered. The first is publication of the EIAR notice – the requirements of which are set out in Regulation 21 (2) (a to h). This notice must be published on the planning authorities application website, plus advertisement of the notice in both the Edinburgh Gazette and a newspaper circulating in the locality of the proposed development. The costs associated with the notice in both the Gazette and local newspaper should be met by the developer, as per Regulation 21(4).
The third activity in this area is consultation itself, with the planning officer ensuring copies of the EIAR are sent to Scottish Ministers, the Consultation Bodies (defined in Regulation 2) and other bodies that the planning authority considers the application will be relevant to due to their “specific environmental responsibilities or local and regional competencies”. The public is also consulted, which is achieved through the publication of the notices above, publication of the EIAR and application on Part 1 of the Register, making the application available on the planning authorities website and at the planning authorities office.
The consent decision cannot be made until 30 days after the above parties have been notified, effectively providing each party with a minimum consultation period of 30 days to provide any representations on the EIAR and the proposed developments environmental effects.
The developer’s EIAR and the representations made from the bodies and public resulting from consultation, discussed above, form part of the environmental information that the planning authority must examine as part of its duties in managing an application related to an EIA development.
The environmental information also includes additional information and any representations made in relation to consultation on that, which is defined in Regulation 2 and can include both supplementary information requested by the PA and other information provided by the developer, after the EIAR was originally submitted. For further details on these see slides 22, 23 and 29 in this module’s slide deck, found below and the relevant sections of the EIA Regulations and Government guidance, also referenced below.
Since the 2017 EIA regulations came into effect planning authority have been required to undertake an examination of the EIA Report and other environmental information. The purpose of this is to ensure the planning authority has thoroughly considered all environmental evidence submitted to reach its own reasoned conclusion on the development’s significant effects on the environment. The presentation and slide deck below provide some practical advice on how to approach this and areas that may be useful to initially focus on when examining the environmental information generated by the EIA process.
As noted above, a planning authority has the power to request supplementary information from the developer in relation to the EIAR. Regulation 26(2) indicates that such PA requests are primarily intended to be: “…directly relevant to reaching a reasoned conclusion on the significant effects of the development on the environment.”
A developer is required to respond to a planning authority request for supplementary information and once it is provided the planning authority must repeat the notices, publication and consultation processes to provide consultation bodies, other bodies, the public and other interested parties an opportunity to review the information and, if they wish to, make representations on it.
Whilst procedural compliance is essential, in terms of the consent decision process EIA acts as a decision support tool.
The planning authorities reasoned conclusions on the significant effects on the environment that would result from the development must therefore be considered as part of the evidence in determining the consent. As such, those making the consent decision, whether at committee or delegated to officers, must be made aware that the:
- Application relates to an EIA development,
- The planning authority has undertaken its duties within the EIA & Regulations (as outlined above),
- EIAR and related representations are available to review,
- Reasoned conclusions on the proposal’s significant effects on the environment are set out andneed to be considered as part of decision-making, and
- Planning authority considers its reasoned conclusions to be up-to-date.
Where the planning authority is minded consenting the proposal consideration must also be given to ensuring mitigation and monitoring measures related to significant adverse effects on the environment are included as conditions of consent.
Planning officers need to be aware that the EIA Regulations place a duty on planning authority that requires it to inform the developer, other parties and the public about certain information relating to the EIA process completed and the consideration of the environment in the consent decision.
The specific requirements include quite a bit of detail and can be found in Regulation 29 and 31 of the EIA Regulations. Much of this EIA information can be contained within/alongside the decision notice issued to the developer but the planning authority is also responsible for informing other parties and the public, the latter often achieved by providing the information on the PA’s application website.
This EIA course module was initially delivered as a live learning event for planning authorities. The module has been made freely available to all parties and members of the public with an interest in the assessment.
The module delivered in February 2026 consists of the video below with the related slide deck available for download:
- EIA Reports: From Developer Submission to Consent Decision (Download the presentation)
Links to further information on this stage in the EIA process – the slides mention the following documents as EIA resources that include sections with further advice on EIA screening:
- Scottish Government Circular 1/2017 The T&CP (EIA) (Scotland) Regulations 2017
- Scottish Government PAN 1/2013 Environmental Impact Assessment
- Historic Environment Scotland & NatureScot - EIA Handbook 3rd Edition – In particular Chapters D and E, which focus on providing advice on this part of the EIA process.
In addition, the Planning Inspectorate in England & Wales has produced guidance for the EIA of Nationally Significant Infrastructure projects (NSIP), with Advice Note 7 providing a useful reference list of what PINS considers to be key content of a good Environmental Statement (the term used for an EIAR in England & Wales). Advice Note 7: EIA process, preliminary environmental information and environmental statements
Note: This document has no direct application in Scotland; however, it may be of interest to those wishing to explore the topic and its details further.
The video recording is available for the above mentioned learning event.