Study on Environmental Impact Assessment

Running Head: ENVIRONMENT IMPACT ASSESSMENT
ENVIRONEMNT IMPACT ASSESSMENT
Name of the Student
Name of the University
Author’s Note

ENVIRONMENTAL IMPACT ASSESSMENT1
The Environmental Impact Assessment (EIA) practice has evolved as a conceptual
foundation for the development of a more reflective and more coherent theory which shall be
offered on the grounds of nature, role and types of theory and its levels.1 In other words, the EIA
is a theory which is established on the response of a public towards the policy with respect to the
environmental consequences of human activities. It started as the mechanism to force action
which later transformed into the mechanism for the consideration environmental issues in the
matters related to the public decision making.2 This transformation was due to the enactment of
National environmental Policy Act in the United States. There are explanatory and the
prescriptive theories to the concept where the former explains that the explanatory theory
contributes to the accumulation of knowledge whereas the latter explains the basis to resolve the
existing problems.3 In other words, while one deals with the explanation on the basis of the
establishment of knowledge, the other explains the basis to solve the issues which is the practical
approach to the problems. However, it can be explained that both the theories serve the purpose
of being constrained by the requirements laid down for the decision making process. The thesis
aims to establish the critical analysis of the theory on the basis of the case laws and various
policies and legislations in the perspective of European and UK Legal System.
Environment Impact Assessment is a set of assessment with respect to the environmental
effects and its consequences in a systematic way. It impacts the society and their environmental
issues largely by the way of ensuring healthier surroundings including that of forests, water
resources, atmosphere and air and other surroundings and in turn ensuring a healthy living and a
1 Davies P, European Union Environmental Law: An Introduction To Key Selected Issues (Routledge 2017)
2 Ibid
3 Borzel T, Environmental Leaders And Laggards In Europe: Why There Is (Not) A'southern Problem'. (Routledge
2017)

ENVIRONMENTAL IMPACT ASSESSMENT2
healthy surrounding to the people.4 This also results in the healthy living and habitat for the
animals and development of various species of flora and fauna. The assessment is mainly
conducted by the local planning authority and enables the authority to establish strategies for a
healthy surrounding and environment on the basis of an informed and surveyed assessment. The
assessment is undertaken with the prime purpose of evaluating environmental needs and
requirements, so that the surrounding natural environment can be preserved or cared for in the
manner that is desired.5 The lack of environmental care and the misuse of land, forests and water
bodies have contributed in the recent past to environmental degradation. What is particularly of
concern for administrators of environmental programs and policies in the UK is the release of
wastes into rivers, seas and oceans, which are polluting the water bodies considerably and which
are rendering them toxic for human and animal consumption and use. The Environment Impact
Assessment is aimed at surveying the condition of the natural environment, and to examine the
extent to which environmental degradation has taken place so that appropriate strategies and
measures can be immediately implemented to combat the damage that has occurred and to
prevent such damage from taking place again in the future.6 The general health and wellbeing of
animals, birds, human beings and various types of flora and fauna in the United Kingdom, is
what the EIA aims to achieve or to bring about by keeping a firm watch on the natural
environment and by preventing any destruction or damage taking place to this environment.7
The Town and Country Planning (Environmental Impact Assessment) (England and
Wales) regulations 2011 establishes the foundation to carry out an Environment Impact
4 Borzel T, Environmental Leaders And Laggards In Europe: Why There Is (Not) A'southern Problem'. (Routledge
2017)
5 Jack B, Agriculture And EU Environment Law (Routledge 2016)
6 Ibid
7 Ibid

ENVIRONMENTAL IMPACT ASSESSMENT3
Assessment program as a part of the application to plan for certain projects especially involving
those which are large and require complex strategies for environment sustainability. These
matters include those related to power station, refineries, processes related to industries, projects
in relation with transportation and transport services, dams, laying of pipelines, airports, and
other major projects in relation with that of developments involving environmental concerns.8 In
April 2015, it was found that the Town and Country Planning (Environmental Impact
Assessments) (Amendments) Regulations 2015 came in effect which led to various concerns
resulting in the screening of decision relating to the necessity of the environmental statement as
has been laid down in the Town and Country Planning (Environmental Impact Assessments)
(Amendments) Regulations 2011. However, it has been criticized on the ground that the
threshold for the development of residential properties, industrial estates, and other urban
properties and their developments would be raised from 0.5ha to five ha. A rise in development
projects is detrimental for the environment, especially the urban environment. The more houses
and estate there happens to be in the urban environment then it means that the overcrowding of
population takes place, resulting in the natural environment becoming polluted easily. The
purpose of conducting the Environmental Impact Assessment therefore gets defeated as the aim
of the EIA is to devise ways and means by which the natural environment can be protected
instead of contributing to the polluting of this environment.9 However, concerning the European
grounds, the Council of the European Union approved the changes that were being made to the
environmental impact assessment directive in April 2014 with respect to the new elements those
were altered for the inclusion of detailed provisions for screening which was subject to the
8 Barnard CS Peers, European Union Law (Oxford University Press 2020)
9 Sheate B, '1.7 Overview of The Stages Of The EIA Process' (Soas.ac.uk, 2020) <https://www.soas.ac.uk/cedep-
demos/000_P507_EA_K3736-Demo/unit1/page_14.htm> accessed 9 January 2020