Before examining specific material considerations, it’s important to understand that planning consultees participate at different stages of the Environmental Impact Assessment (EIA) and planning process. Their feedback plays a crucial role in identifying risks, shaping assessments, and informing final decisions.
🧭 Types of Consultees by Stage:
To clarify how different consultees engage throughout the development process, the following matrix shows when each consultee typically participates — at EIA Screening, EIA Scoping, Full EIA (Environmental Statement), or the Planning Application stage.
A ✅ indicates statutory participation, ◻️ represents non-statutory but commonly expected practice, and ❌ shows no formal involvement at that stage. Notes clarify statutory duties, best practice roles, and site-sensitive involvement.
| Consultee | EIA Screening | EIA Scoping | Full EIA (ES) | Planning Application | Notes |
|---|---|---|---|---|---|
| Environment Agency (EA) | ✅ (statutory) | ✅ (statutory) | ✅ (statutory) | ✅ (statutory) | Statutory where flood risk or water quality is involved |
| Natural England | ✅ (statutory) | ✅ (statutory) | ✅ (statutory) | ✅ (statutory) | Required where biodiversity or designated sites affected |
| Historic England | ✅ (statutory) | ✅ (statutory) | ✅ (statutory) | ✅ (statutory) | Statutory for heritage settings and archaeological impacts |
| Lead Local Flood Authority (LLFA) | ✅ (statutory) | ✅ (statutory) | ✅ (statutory) | ✅ (statutory) | Statutory consultee for surface water/flooding |
| National Highways | ✅ (statutory) | ✅ (statutory) | ✅ (statutory) | ✅ (statutory) | Statutory for proposals affecting strategic roads |
| Local Highways Authority | ◻️ (non-statutory) | ✅ (expected) | ✅ (expected) | ✅ (expected) | Non-statutory but standard practice at all stages |
| EHDC Environmental Health | ◻️ (non-statutory) | ✅ (expected) | ✅ (expected) | ✅ (expected) | Assesses air, noise, amenity impacts |
| EHDC Ecologist / Wildlife Trust | ◻️ (non-statutory) | ✅ (expected) | ✅ (expected) | ✅ (expected) | Local non-statutory consultees for biodiversity |
| Southern Water / Utility Providers | ◻️ (non-statutory) | ✅ (site-dependent) | ✅ (site-dependent) | ✅ (frequently engaged) | Non-statutory, often essential for capacity input |
| NHS / ICB | ◻️ (non-statutory) | ◻️ (best practice) | ◻️ (best practice) | ◻️ (routinely consulted) | Non-statutory at all stages; increasingly involved due to population growth and health service strain |
| HCC Education | ❌ (discretionary) | ◻️ (context-sensitive) | ◻️ (expected) | ◻️ (expected) | Non-statutory; engaged where school capacity is affected |
| EHDC Planning Policy / Urban Design | ❌ (internal) | ◻️ (required input) | ◻️ (required input) | ◻️ (required for compliance) | Internal consultee for policy/design compliance |
| Parish Councils | ❌ (not statutory) | ❌ (not statutory) | ◻️ (public comment) | ✅ (consulted by law) | Required to be consulted on applications; may comment on ES if published |
| General Public | ❌ (not included) | ❌ (not included) | ✅ (consultation required) | ✅ (consultation required) | Legal right to comment on ES and planning applications |
These stages build upon one another. For example, concerns raised at screening may lead to scoping input, which influences the depth of the Environmental Statement. Later, feedback on the full planning application must reflect and incorporate the evidence and conditions shaped through earlier stages.
When deciding whether to approve a development or request a full Environmental Impact Assessment (EIA), Local Planning Authorities (LPAs) must consider whether the proposal will cause significant impacts. These impacts must be understood through the lens of material planning considerations — legally recognised issues that affect the use and development of land in the public interest.
This table maps material considerations to the planning consultees who inform them, using a health check analogy to help clarify each role. Statutory and non-statutory consultee designations are also indicated, as well as their relevance to the screening and assessment process.
| Material Consideration | Relevant Consultee(s) | Mandatory Status | Health Analogy |
| 🚗 Traffic and Access | National Highways, Local Highways Authority | ✅ / ❌ (depending on road type) | 🦴 Orthopaedic / 💪 Musculoskeletal – ensure the body’s transport systems can move safely |
| 🌧️ Flood Risk | Environment Agency, Lead Local Flood Authority | ✅ Statutory | 💧 Vascular / 🩺 Kidney – prevent flooding and ensure water balance |
| 🌬️ Air and Water Quality | EA, Environmental Health, Natural England | ✅ / ❌ (depending on scope) | 🫁 Pulmonologist / Nephrologist – clean air and filtered water support systemic health |
| 🌿 Environmental Impact | Natural England, EHDC Ecologist, Wildlife Trust | ✅ / ❌ (varies by case and designation) | 🌬️ Respiratory / 🧬 Immune – detect environmental stress and defend against long-term harm |
| 🏥 Infrastructure and Services | NHS / ICB, HCC Education, Utility Providers | ❌ Non-statutory (best practice) | 🏥 Capacity planner / 🧒 Paediatrician – checks system load and growth readiness |
| 🧱 Heritage and Conservation | Historic England | ✅ Statutory | 🧠 Memory care specialist – protects long-term cultural identity |
| 🧍 Residential Amenity | EHDC Case Officer, Environmental Health | ❌ Non-statutory | 🛏️ Quality of life check – light, noise, smell, overbearing effects |
| 💼 Economic Impact | Economic Development Officer, Applicant | ❌ Non-statutory | 📈 Health economics – benefit vs risk analysis |
| 🏘️ Land Use (Site Suitability) | EHDC Planning Policy | ✅ (Development Plan must be used) | 🧾 Eligibility check – confirms if the land is suitable for this form of treatment |
| ⚖️ Local & National Planning Policy | EHDC Planning Officer | ✅ Required by law | 📋 Treatment protocol – ensures the surgery follows national health guidelines |
| 🎨 Design and Appearance | EHDC Urban Design / Planning Officer | ❌ Non-statutory | 👁️ Cosmetic specialist – ensures the development integrates aesthetically and functionally |
| 🔄 Sustainability | Planning Policy, Environment, Transport Teams | ❌ Emerging standard | 🧬 Preventative medicine – ensures long-term recovery, not just survival |
| 📣 Public Opinion | Public / Parish Councils | ✅ Publicity and participation required by law; material comments must be considered | 👪 Carers / family – provide lived experience and flag risks otherwise missed |
📣 Clarifying Public Involvement: Notification vs Consultation on EIA
For the General Public, it’s important to distinguish between two types of legal engagement:
- ✅ Must be notified (Planning Application Stage): This is a legal requirement under the Town and Country Planning Act 1990. The local authority must publish or issue notices to inform residents of planning applications. The public then has a right to comment, and any material concerns must be considered.
- ✅ Must be consulted on the Environmental Statement (Full EIA): Under the EIA Regulations 2017, when a full Environmental Impact Assessment (EIA) is required, the developer submits an Environmental Statement (ES). The public must be given at least 30 days to read and respond to the ES. These comments must be formally reviewed before a planning decision is made.
🔍 In short: Notification gives the public the right to speak; consultation on the ES gives them the right to respond to technical findings — both are legally required, but serve different purposes.
📘 Clarifying Terms: “Statutory” vs “Required by Law”
In planning and EIA contexts, both terms imply legal obligations, but they differ in scope:
- ✅ Statutory means the consultee is specifically named in legislation or regulations and must be consulted when relevant (e.g. Environment Agency, Historic England).
- ✅ Required by law refers more broadly to legally mandated processes (like public consultation or publication), not tied to any specific named consultee. It covers duties such as notifying the public of planning applications or consulting them on Environmental Statements.
In short: Statutory = a named organisation must be consulted.
Required by law = a process or outcome must happen under legal duty.
⚠️ Notes on Materiality and Legal Weight
- Public comments are only relevant if they relate to material considerations
- LPAs must publish reasoning when rejecting or accepting input that raises these issues
- Many consultees provide input under multiple headings, and the final judgment rests with the LPA
- While not all consultees are statutory, they often raise issues that have legal weight if ignored
This framework helps EHDC and other LPAs ensure that decisions are:
- ✅ Legally defensible
- ✅ Environmentally and socially responsible
- ✅ Aligned with both planning policy and real-world service capacity