Recent legal cases have clarified what local planning authorities must require from Environmental Impact Assessments and Habitat Regulations Assessments for intensive livestock developments. An overview of these assessments is provided below.
The clarified requirements for these assessments are explained in sections 4 (policy recommendations) and 5 (checklist for legal compliance).
Environmental Impact Assessments
To achieve sustainable development through planning, councils need to carefully scrutinise planning applications with “significant environmental effects”. This includes all intensive livestock units over a threshold size. In these cases, an Environmental Impact Assessment is needed as per the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. By law, an environmental statement must be produced as part of the application to set out the “likely significant effects of the proposed development on the environment” and “identify, describe and assess the direct and indirect significant effects of the development on population and human health, biodiversity, land, soil, water, air and climate, material assets and cultural heritage”. Councils can reject applications where significant environmental impacts are likely and can’t be mitigated.
Habitat Regulations Assessments
If a proposed development will affect a ‘protected site’ – i.e. a site that has special protection due to its value to nature and biodiversity, a Habitats Regulation Assessment is needed as per the Conservation of Habitats and Species Regulations 2017 (as amended). The assessment must demonstrate no adverse significant effects.
Sustain • Food for the Planet • Integrating sustainable farming into your local plan: Toolkit for English Councils
