Guidance

Apply for a consent decision

Updated 19 December 2024

Applies to England

To change uncultivated, semi-natural and rural land under the Environmental Impact Assessment (EIA) (Agriculture) Regulations, you must:Ìý

  1. Check if you need a screening decision.Ìý

  2. Apply for a screening decision. Ìý

Your screening decision will either:Ìý

  • allow your work to go aheadÌý
  • require you to apply for a consent decisionÌý

A consent application is the second step of a potentially 2-step application process.

Use consent application form EIA4 to apply for a consent decision. If you’re using an agent, they should fill in an agent authorisation form EIA2 and consent application form EIA4 on your behalf.Ìý

Your application must include an environmental statement.ÌýYou should include a map of the project area with your form.

Complete an environmental statementÌý

You should use an experienced specialist, such as an environmental or archaeological consultant, as appropriate to the project, to complete your environmental statement. The person that prepares the environmental statement must state their relevant expertise and qualifications.ÌýÌý

The environmental statement must include a description of the following factors that are likely to be significantly affected by the project:Ìý

  • population and human healthÌýÌý
  • biodiversity, with focus on species and habitats protected under the Ìý
  • land, soil, water, air and climateÌýÌý
  • material assets, cultural heritage and the landscapeÌýÌý
  • the interaction between these factorsÌýÌý

The environmental statement must also include:ÌýÌý

  • the location, design, size and other relevant features of the project â€� including a map will help meet this requirementÌýÌý
  • the alternatives you considered and reasons for your choiceÌý
  • what measures you’ll take to avoid, prevent, reduce or offset significant adverse effects on the environmentÌý
  • social or economic impacts which might result from a consent or refusalÌý
  • ​​a non-technical summary covering the main points in your environmental statementÌýÌý
  • ​​​information stated within your ‘scoping opinionâ€� Ìý
  • any additional information, in accordance with , relevant to the characteristics of the project and the environmental features likely to be affected

You can apply for a ‘scoping opinionâ€� to help produce your environmental statement. Your screening decision letter will also provide details of what Natural England considers likely significant effects on the environment. Ìý

Apply for a scoping opinion Ìý

To apply for a scoping opinion, complete application form EIA3 and email or post it to Natural England. This is free of charge.Ìý

The scoping opinion will help you understand what information you must put in the environmental statement.ÌýÌý

Natural England may not have the information it requires to make a consent decision and may reject your application, unless you:ÌýÌý

  • apply for a scoping opinionÌý
  • act on a screening opinion when writing an environmental statementÌýÌý

Once it receives your application for a scoping opinion, Natural England will:Ìý

  • use the information from the screening decisionÌýÌý
  • consult with relevant bodiesÌý
  • send you a scoping opinion within 5 weeks if your request is validÌý

When you’re ready to submit your consent application, send Natural England your completed:Ìý

Natural England needs the hard copy of your environmental statement for the public consultation. If you do not send one, Natural England will print it and may charge you for it.Ìý

Natural England will check your application and:Ìý

  • publish the environmental statement for a 6-week public consultationÌý
  • advertise where it will be available for comment locally and nationallyÌý
  • consult with appropriate statutory consultees and bodiesÌý

Following the consultation, Natural England may need to request additional information from you in order to make the consent decision.

When Natural England publishes consent applications for public consultation, they will be available on the public register of decisions. Ìý

Natural England will make its consent decision after considering comments and advice fromÌýits consultations. Ìý

Natural England will send you one of 3 decisions:Ìý

  • consent givenÌý
  • consent given with conditionsÌý
  • consent refusedÌý

​​If you’re granted consent, or consent with conditions, y​ou must start your project within one year of the decision date and complete it within 3 years. If you do not do this, you must reapply for consent.Ìý

Natural England will publish its consent decision in a newspaper, or by any other means it considers reasonable. ÌýÌý

Decisions are also recorded on the public register of decisions.Ìý

If you want to appeal against a consent decision, you must do so in writing within 3 months of Natural England’s decision and:Ìý

  • describe the decisionÌý
  • state the grounds of appealÌý

Details explaining how to appeal will be provided in the consent decision letter.

Send your appeal to the Secretary of State for Environment, Food and Rural Affairs by email:Ìý[email protected].

You can also send your appeal by post:

Environmental Impact Assessment (Agriculture) Appeals TeamÌý
Department for Environment, Food and Rural Affairs
Second floor, Seacole Building
2 Marsham Street
SW1P 4DF

Contact Natural EnglandÌýÌý

For more advice contact:Ìý

Environmental Impact Assessment (EIA) (Agriculture) UnitÌý
Natural EnglandÌý
Horizon House Ìý
Deanery RoadÌý
BristolÌý
BS1 5AHÌýÌý

Email [email protected]
Freephone 0800 028 2140