Environmental considerations can play an important role in property development and planning applications. Depending on the nature, location and potential impact of a proposed development, an environmental assessment may be required before a planning decision can be made.
For property owners and developers, understanding environmental assessment requirements at an early stage can help identify potential problems before significant time and money are invested in a project.
Environmental assessments can consider issues such as biodiversity, ecology, landscape, water, flooding, pollution and other potential effects of development. The type and level of assessment required will depend on the circumstances of the project.
The rules surrounding environmental assessment are also developing. In England, the Government is working towards replacing the current Strategic Environmental Assessment and Environmental Impact Assessment systems with a new Environmental Outcomes Reports framework. However, the existing EIA arrangements remain in force until the new regulations are introduced. The Government’s current roadmap states that it intends to bring forward EORs by the end of 2027.
At Charrette Law, we advise property owners, developers and businesses on planning and property-related legal matters, including environmental issues that can affect development proposals.
What Is an Environmental Assessment?
An environmental assessment is a process used to identify and consider the potential environmental effects of a proposed development, plan or project.
The purpose is not simply to identify environmental problems. It allows environmental information to be gathered and considered as part of the decision-making process.
For certain developments in England, this can involve an Environmental Impact Assessment (EIA).
The Government describes EIA in the planning system as an information-gathering process that helps decision-makers understand the environmental effects of development proposals. EIA applies to certain projects that are likely to have significant environmental effects.
An environmental assessment may therefore be an important part of determining whether a development should proceed and, where appropriate, what mitigation measures should be put in place.
When Is an Environmental Assessment Required?
Not every planning application requires an environmental assessment.
The requirement generally depends on the nature and scale of the proposed development and its potential environmental effects.
Certain categories of development are more likely to require detailed environmental assessment, particularly where a project could have significant effects on the environment.
Factors that may be relevant include:
- The size and scale of the development.
- The proposed use of the site.
- The location of the development.
- The sensitivity of the surrounding environment.
- Protected habitats or species.
- Landscape considerations.
- Flooding and water issues.
- Potential pollution.
- The likely environmental effects of the proposal.
The Local Planning Authority can advise whether a proposal is likely to require an EIA, and developers can seek a formal screening opinion where appropriate.
The Government’s guidance also encourages developers to obtain environmental advice early where a proposal is large, complicated or could affect protected habitats or species.
Environmental Impact Assessment Screening
One of the first questions for a developer may therefore be whether an EIA is required at all.
Screening considers whether a proposed development is likely to have significant environmental effects.
If an EIA is required, the applicant will generally need to prepare an Environmental Statement containing the relevant environmental information.
This makes early advice particularly important because identifying an EIA requirement late in the planning process can create additional work and potentially affect the project’s timetable.
What Can an Environmental Assessment Cover?
The matters considered will depend on the development and the relevant assessment requirements.
Environmental assessments can involve issues such as:
Biodiversity and Ecology
Development can affect habitats, plants and wildlife.
Ecological surveys may therefore be required where a site has biodiversity value or there is a possibility that protected species or habitats could be affected.
Landscape and Visual Impact
The appearance of a development and its effect on the surrounding landscape can also be important.
This can be particularly relevant for larger developments or proposals in sensitive landscapes.
Flood Risk and Water
Development can affect drainage, water quality and flood risk.
Depending on the proposal, supporting information such as flood risk assessments or water-related studies may be required.
Pollution
Environmental assessment may also consider potential impacts involving:
- Air quality.
- Noise.
- Ground contamination.
- Water pollution.
- Waste.
- Other forms of environmental pollution.
The relevant issues will depend on the site’s history and the nature of the proposed development.
Why Are Environmental Assessments Important for Planning Applications?
Environmental information can influence the planning decision.
Where a proposal is likely to have significant environmental effects, the Local Planning Authority needs sufficient information to understand those effects and consider whether they can be avoided, reduced or mitigated.
The Government’s current approach to environmental assessment also places emphasis on mitigation and the consideration of reasonable alternatives.
This means environmental assessment should not simply be treated as paperwork completed at the end of the planning process.
Ideally, environmental considerations should be incorporated into the design and planning of the development from the beginning.
Environmental Information Can Influence the Design
An environmental assessment may identify issues that require changes to a proposed development.
For example, a developer may need to reconsider:
- The location of buildings.
- The scale of development.
- Landscaping.
- Drainage arrangements.
- Access.
- Construction methods.
- The protection of habitats.
- Measures to reduce environmental impacts.
Addressing these matters early can potentially reduce delays and avoid having to redesign a proposal later.
What Happens If Environmental Issues Are Identified?
Identifying an environmental issue does not necessarily mean that a development cannot proceed.
The response will depend on the nature and significance of the issue.
Possible approaches can include:
- Avoiding the environmental impact.
- Reducing the scale of the impact.
- Introducing mitigation measures.
- Providing appropriate compensation where applicable.
- Changing the design of the development.
- Carrying out further surveys or investigations.
The mitigation hierarchy is an important principle in the Government’s proposed Environmental Outcomes Reports framework.
The earlier an issue is identified, the more opportunity there may be to incorporate an appropriate solution into the development.
Environmental Issues Affecting Your Development?
Environmental requirements can add complexity to an otherwise straightforward planning proposal.
Charrette Law can help you understand the legal and planning implications of environmental issues affecting your development and identify the appropriate next steps. Contact our team for advice before progressing your application.
Environmental Assessments and Planning Permission
Environmental assessment and planning permission are closely connected, but they are not the same thing.
An environmental assessment provides information about environmental effects. Planning permission is the consent required for development where planning legislation requires it.
A proposal may therefore need both planning permission and an environmental assessment.
Conversely, the fact that a project does not require an EIA does not necessarily mean that there are no environmental considerations.
Other environmental requirements may still apply depending on the site and development.
This is particularly important for projects involving protected habitats, biodiversity, trees, flooding, contaminated land or other sensitive environmental matters.
Environmental Assessments and Biodiversity
Biodiversity is increasingly important when considering development proposals.
A development may need to consider the impact it could have on habitats and wildlife, as well as any applicable biodiversity requirements.
Environmental assessment should therefore be considered alongside other planning and environmental obligations rather than treated as an isolated exercise.
For developers, this can make early ecological assessment particularly valuable.
Environmental Assessments and Brownfield Land
Environmental assessment can also be relevant when developing brownfield land.
Brownfield sites can have a history of industrial, commercial or other development uses. Depending on the previous use, environmental investigations may be needed to establish whether contamination or other environmental risks are present.
Our article on Brownfield Land Development explores the planning, legal and environmental issues that developers should consider when assessing previously developed land.
Environmental due diligence can be particularly important before purchasing a brownfield site.
Discovering contamination or another environmental constraint after acquisition can create unexpected costs and delays.
Environmental Assessments and Planning Appeals
Environmental issues can also become relevant when a planning application is refused.
If environmental concerns form part of the reasons for refusal, the applicant may need to consider whether further evidence, mitigation or amendments could address those concerns.
Depending on the circumstances, an appeal may also be possible.
Our article on Planning Appeal provides further information about challenging planning decisions.
The environmental evidence supporting an appeal should be carefully considered alongside the planning case.
The Future of Environmental Assessment in England
The environmental assessment system in England is currently undergoing reform.
The Government intends to introduce Environmental Outcomes Reports (EORs) as a new approach to environmental assessment, replacing the existing Strategic Environmental Assessment and Environmental Impact Assessment regimes in due course.
The proposed system is intended to focus more directly on environmental outcomes while reducing unnecessary complexity and duplication.
The Government’s March 2026 roadmap states that it intends to introduce EORs by the end of 2027. Until the new regulations are brought into force, the existing EIA arrangements remain applicable.
This means developers should be careful when relying on information about proposed reforms. The current legal requirements still need to be followed unless and until the new framework comes into force.
Why Developers Should Monitor the Changes
Environmental assessment reform could affect how developers prepare and submit environmental information in the future.
The Government has indicated that the new system will focus on specified environmental outcomes and will continue to require consideration of mitigation and reasonable alternatives.
For developers working on larger or environmentally sensitive projects, keeping up to date with these changes will therefore be important.
How Charrette Law Can Help
Environmental issues can involve overlapping planning, property and legal considerations.
At Charrette Law, we can help property owners, developers and businesses understand the legal issues affecting their development proposals.
Our wider planning and property services include advice relating to:
- Planning applications.
- Planning appeals.
- Planning objections.
- Environmental legal issues.
- Brownfield land development.
- Restrictive covenants.
- Permitted development.
- Section 106 Agreements.
- Section 278 Agreements.
Where environmental considerations could affect the planning or development process, obtaining advice early can help you understand the potential risks and available options.
Get Advice on Environmental Assessments
Environmental assessments can play an important role in ensuring that significant environmental effects are properly identified and considered during the development process.
For developers, the key is to avoid leaving environmental issues until the later stages of a planning application.
Early investigation can help identify potential constraints, inform the design of a proposal and reduce the risk of unexpected delays.
With environmental assessment rules also undergoing reform, obtaining current and project-specific advice is particularly important.
If environmental issues are affecting your planning application or proposed development, contact Charrette Law for expert legal and planning advice tailored to your circumstances.
Frequently Asked Questions
What is an environmental assessment?
An environmental assessment is a process for identifying and evaluating the potential environmental effects of a proposed development, plan or project.
Does every planning application require an environmental assessment?
No. The requirement depends on the type, scale and location of the development and its potential environmental effects.
What is an Environmental Impact Assessment?
An Environmental Impact Assessment is a formal process used for certain development projects that are likely to have significant effects on the environment. In England, the current town and country planning EIA regime is governed by the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.
What is an Environmental Statement?
Where an EIA is required, an Environmental Statement provides the environmental information needed to assess the likely significant effects of the proposed development and relevant mitigation.
Can environmental issues cause planning permission to be refused?
Yes. Significant environmental impacts or inadequate information may contribute to a planning refusal, depending on the circumstances.
Can environmental problems be resolved before a planning application?
Often, identifying environmental constraints early allows a developer to investigate the issue, amend the proposal or introduce appropriate mitigation before the application is determined.
Are Environmental Outcomes Reports already replacing EIA?
Not yet. As of 2026, the Government is developing the EOR framework, but the existing EIA arrangements remain in place until the new regulations are introduced. The Government’s current roadmap anticipates introducing EORs by the end of 2027.
Can Charrette Law help with environmental issues affecting development?
Yes. Charrette Law can advise on legal and planning issues connected with environmental considerations and help property owners and developers understand the implications for their proposed development.
