Skip to main content


Volume 448: debated on Thursday 6 July 2006

To ask the Secretary of State for Communities and Local Government if she will establish an appeal mechanism for when the Environment Agency decides not carry out an environmental assessment of a planning application for a hydro-electric generating plant; and if she will make a statement. (82624)

The decision on whether an environmental impact assessment (EIA) is required for a proposed project rests with the appropriate competent authority. In the case of projects which fall within the planning system, the competent authority is normally the local planning authority. The Environment Agency’s role for EIA purposes is as a statutory consultation body. There is a statutory appeal mechanism for an applicant for planning permission who disagrees with a planning authority's decision to require EIA. Action against an authority's decision not to require EIA, however, could only be pursued by means of an application for judicial review.