Discretionary Judgement in Local Planning Authority Decision Making: Screening Development Proposals for Environmental Impact Assessment

Abstract

Screening is a critical decision-stage in the Environmental Impact Assessment (EIA) process and involves the determination of whether or not a development proposal will require EIA. This decision requires a discretionary judgement on whether the development has the potential to cause ‘significant environmental effects’, and consequently there is potential for diversity to exist in formal requests for EIA. Drawing upon a comprehensive survey of Local Planning Authorities (LPAs) in England and Wales, this paper explores the characteristics of LPA screening decision making since the introduction of revised EIA regulations in March 1999. The paper starts with a theoretical overview of rationality, decision making and planning theory, followed by a brief review of the regulatory context of EIA screening. The research approach is then outlined and the survey findings are presented, including a detailed consideration of organizational and individual level analyses set within the context of planning theory judgement debates. Comparisons with other European countries are briefly made, before drawing conclusions and recommendations.

Acknowledgements

The support of the Economic and Social Research Council (award number R000239676) and the EIA Unit at the Office of the Deputy Prime Minister (ODPM) is gratefully acknowledged. The views expressed in this paper are solely those of the authors and should not be considered representative of the ODPM. Many thanks to all the busy LPA Officers around England and Wales who made the time to complete the questionnaire that forms the basis of this paper, and to the two anonymous referees for their useful suggestions.

Notes

Council Directive 97/11/EC of March 3, 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment.

Under the Directive considerable changes have occurred to the composition of these project lists, with Annex I extended to incorporate 14 new project categories (in conjunction with an extension to 4 existing ones) and Annex II incorporating an additional 8 projects (with an extension to 8 existing categories and the deletion of particle and fibre board production). Changes or extensions to Annex I and Annex II projects have also now been incorporated in Annex II. As a consequence of these amendments, other things being equal, it is likely that Directive 97/11/EC will lead to a greater volume of screening activity throughout the EU.