UK Town and Country Planning EIA Regulations 2017 Schedule 2 Solar Screening Guide

Key Takeaways

• Ground-mounted solar projects exceeding 0.5 hectare or located in sensitive areas require formal EIA screening.
• Failing to screen can lead to planning application suspensions and mandatory Environmental Statement demands.
• Local planning authorities or the Secretary of State determine EIA development status under Regulation 5.
• Always commission baseline ecological and landscape studies before submitting screening requests.

What are the UK Town and Country Planning EIA Regulations 2017 for solar?

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571) establish the statutory framework for assessing the environmental effects of certain development projects in England. For solar farm projects, these regulations define when an Environmental Impact Assessment (EIA) is required. This process is crucial for ground-mounted solar arrays, including multi-megawatt utility-scale farms and commercial installations.

The regulations classify solar photovoltaic developments as "Schedule 2 development" under Item 3(a) "Energy Industry: Industrial installations for the production of electricity, steam and hot water". This classification applies if the area of the development exceeds 0.5 hectare (0.5 ha), or if any part of the site is situated in a designated sensitive area. These sensitive areas include Sites of Special Scientific Interest (SSSIs), National Parks, Areas of Outstanding Natural Beauty (AONBs), and World Heritage Sites.

How to determine if your solar project requires EIA screening

Determining whether your solar project needs an Environmental Impact Assessment (EIA) screening involves a systematic review of its scale and location. The process is governed by Regulation 5 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.

1. Calculate Project Area:

• • Check: Measure the total "red-line boundary" area of your proposed ground-mounted solar development in hectares. This includes all panels, inverters, access roads, and associated infrastructure.
  • Meaning: If the area of the development exceeds 0.5 hectare (0.5 ha), it is automatically classified as a Schedule 2 development and requires formal screening.

2. Identify Sensitive Areas:

• • Check: Use local planning authority interactive mapping layers or conduct a desktop study to identify all statutory environmental designations within and around your proposed site. Look for designations such as SSSIs, National Parks, Areas of Outstanding Natural Beauty, and World Heritage Sites.
  • Meaning: If any part of your site is located within a designated sensitive area, mandatory EIA screening is triggered, regardless of the project's size.

3. Consult Regulation 5:

• • Check: Refer to Regulation 5 of the Town and Country Planning (Environmental Impact Assessment) Regulations 2017, which outlines the general provisions for screening. This regulation details how the relevant planning authority or the Secretary of State will determine if your project is EIA development.
  • Meaning: The planning authority will issue a "screening opinion" based on the project's characteristics and potential environmental effects.

4. Consider Cumulative Impacts:

• • Check: Assess if your project, when combined with existing or approved developments in the vicinity (e.g., other solar farms, wind farms), could lead to significant cumulative environmental effects.
  • Meaning: Even if your project individually seems minor, its cumulative impact might necessitate an EIA.

5. Prepare Baseline Studies:

• • Check: Commission baseline ecological desk studies, Phase 1 habitat surveys, and flood risk assessments. Prepare detailed GIS site boundary shapefiles.
  • Meaning: These studies provide essential data for the planning authority to make an informed screening decision and can support your case that an EIA is not required, or help scope a necessary EIA.

Common screening errors and their consequences

Failing to correctly navigate the EIA screening process for solar projects can lead to significant delays and additional costs. Understanding common pitfalls can help developers avoid these issues.

Statutory provisions for solar EIA screening

The legal framework for Environmental Impact Assessment in the UK is robust, with specific regulations governing solar projects. Understanding these provisions is key to compliance.

The primary legal instrument is the Town and Country Planning (Environmental Impact Assessment) Regulations 2017 (S.I. 2017/571). Under this statutory instrument, solar projects are classified as "Schedule 2 development" if they meet certain criteria. Specifically, Item 3(a) "Energy Industry" covers "Industrial installations for the production of electricity, steam and hot water".

A solar development triggers Schedule 2 screening if "The area of the development exceeds 0.5 hectare" or if it is located within a sensitive area. Sensitive areas are defined to include SSSIs, National Parks, Areas of Outstanding Natural Beauty (AONBs), and World Heritage Sites.

Regulation 5 of the 2017 Regulations sets out the "General provisions relating to screening". This regulation empowers the "relevant planning authority or the Secretary of State" to determine whether a development is EIA development. This determination is typically made through the "adoption by the relevant planning authority of a screening opinion". Developers also have the option for "submission by the applicant or appellant in relation to that development of a statement referred to by the applicant or appellant as an environmental statement" voluntarily under Regulation 5(2)(a). In some cases, a "direction of the Secretary of State shall determine for the purpose of these Regulations whether development is EIA development."

For further details on related planning considerations, you may consult our guides on UK Planning Act 2008 Section 14 and 15 Solar NSIP Threshold Guide for Nationally Significant Infrastructure Projects, or UK Commercial Solar Permitted Development GPDO Class J Guide for smaller commercial installations.

Safety and compliance considerations for large-scale solar developments

While EIA regulations focus on environmental impacts, large-scale solar developments also have significant safety and operational compliance requirements. These are often intertwined with planning and regulatory approvals.

• Electrical Infrastructure: Ensure high-voltage electrical substation compounds comply with ENA Technical Specifications and Distribution Network Operator (DNO) separation standards. This includes appropriate clearances and safety protocols for all electrical components.
• Site Access and Emergency Services: Verify safe site access and swept-path tracking for heavy delivery vehicles during construction and maintenance. Crucially, ensure emergency fire tender access is maintained throughout the operational life of the solar farm.
• Buffer Zones: Maintain required buffer zones and exclusion corridors around public rights of way and overhead power lines. These zones are critical for public safety and to prevent interference with existing infrastructure.
• Site Security: Implement robust site security measures to prevent unauthorized access, which can pose safety risks to individuals and the operational integrity of the plant.

When to seek professional planning advice

The complexities of the UK planning system, particularly concerning EIA regulations for solar farms, often necessitate expert guidance. While this guide provides an overview, specific project circumstances can introduce nuances that require professional interpretation.

You should seek professional planning advice if:

• Your project approaches or exceeds the 0.5 hectare threshold.
• Any part of your proposed site is within or adjacent to a designated sensitive area.
• There are known cumulative impacts from other developments in the vicinity.
• You are unsure about the scope or requirements for baseline studies.
• You need assistance in preparing a robust screening request or, if required, an Environmental Statement.

Engaging with experienced planning consultants early in the project lifecycle can help streamline the planning process, mitigate risks of delays, and ensure full compliance with the Town and Country Planning (Environmental Impact Assessment) Regulations 2017.