This is the category most relevant to residential developments.
A project falls under Schedule 2 (so may require EIA) if it:
🔹 Includes more than 1 hectare of urban development, OR
🔹 Involves more than 150 dwellings, OR
🔹 Has a site area exceeding 5 hectares
✅ If any one of those is true, then screening is mandatory (Regulation 6), and the LPA must decide whether a full EIA is required based on Schedule 3 criteria (i.e., risk of significant environmental effects).
🧾 Regulation Summary:
| Criterion | Threshold | Triggers Mandatory Screening? |
|---|---|---|
| Site area | > 0.5 hectares | ✅ Yes (if Schedule 2 applies) |
| Dwelling number | > 150 dwellings | ✅ Yes |
| Total site area | > 5 hectares | ✅ Yes |
| Sensitive location | Any size or number | ✅ Yes — must always be screened |
🔺 Important Note on Sensitive Areas:
If the site is in or near a Sensitive Area, screening is mandatory regardless of size.
“Sensitive areas” include:
- Sites of Special Scientific Interest (SSSI)
- AONBs
- National Parks
- Conservation Areas (in some cases)
- World Heritage Sites
- Ancient woodland (may be a material consideration)
🧠 Key Point:
These are screening triggers — they don’t automatically require a full EIA, but they require the LPA to conduct an EIA screening opinion to decide if one is needed based on the likely significance of environmental effects.
⚖️ Main Changes to EIA Rules Since 2013
✅ 1. New EIA Regulations
🗓️ In 2017, the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 replaced the 2011 version.
These brought UK law in line with EU Directive 2014/52/EU, which strengthened environmental safeguards.
✅ 2. Stronger Legal Duty to Consider Schedule 3 Factors
- In 2011, Schedule 3 criteria (like cumulative impacts, sensitive location, etc.) were considered best practice.
- Under the 2017 Regulations, Regulation 6(4): LPAs must take into account all Schedule 3 selection criteria when issuing a screening opinion.
📌 This is now mandatory — not optional.
✅ 3. Validity Period Introduced (3 Years)
- Under the 2011 regs, screening opinions had no expiry.
- Now, under Regulation 9(2) of the 2017 Regulations: A screening opinion expires after 3 years, unless a planning application has been submitted.
✅ 4. Greater Public Transparency
- LPAs must now:
- Publish screening and scoping opinions online
- Provide a “statement of reasons” (Reg. 5(6) and Reg. 29) for why an EIA is or isn’t required
- This didn’t exist under the 2011 rules.
✅ 5. Expanded Scope of Environmental Effects
- EIA must now assess:
- Population and human health
- Climate change (resilience and emissions)
- Material assets and cultural heritage
- Land take, resource use, vulnerability to major accidents
📌 These were previously vague or missing in 2011.
✅ 6. New Right to Request a Scoping Opinion (Reg. 15)
- Previously, scoping was informal or LPA-led.
- Now, developers can request a formal Scoping Opinion, and LPAs must consult statutory consultees and respond in writing within 5 weeks.
🔄 What Stayed the Same?
| Element | 2011 Regs | 2017 Regs |
|---|---|---|
| Schedule 2 categories | ✔️ | ✔️ (same structure) |
| Thresholds (e.g. 150 dwellings) | ✔️ | ✔️ |
| “Likely significant effects” test | ✔️ | ✔️ (but now explicitly bound to Schedule 3) |
🧠 Summary: What changed most importantly since 2013?
| Change | Why It Matters |
|---|---|
| 🟩 Mandatory Schedule 3 consideration | LPAs can no longer ignore cumulative or locational risk |
| 🟨 3-year expiry on screening opinions | Stops developers “banking” old EIA-free decisions |
| 🟧 Greater transparency + public access | Makes it easier to challenge flawed screenings |
| 🟥 Expanded environmental scope | Developers must consider health, climate, resilience, etc. |