🩺 Understanding the EIA Process – Through a Health Check Analogy

There are no legal, financial, or procedural barriers preventing East Hampshire District Council (EHDC) from implementing a stronger Environmental Impact Assessment (EIA) screening policy — none. The full cost of EIA preparation falls entirely on developers, not the council. National policy (NPPF) not only allows but encourages local authorities to tailor EIA thresholds and requirements to reflect their area’s specific environmental and infrastructure pressures. EHDC holds full legal discretion to do so. The only missing ingredient is political will: a genuine, resident-focused leadership that chooses to act. Strengthening EIA screening is a no-brainer — it costs EHDC nothing and delivers enormous public benefit. Any refusal to pursue this reform cannot be justified on planning grounds; it can only be seen as an abdication of responsibility.

Environmental Impact Assessment (EIA) isn’t just a bureaucratic box-ticking exercise — it’s a critical safeguard, designed to protect local communities, public services, and the environment from developments that might cause serious harm. And like any serious risk management process, it unfolds in structured steps.

To make it easy to understand, imagine the planning system as a healthcare system. Just as doctors don’t rush into surgery without checking a patient’s history, local councils shouldn’t approve large-scale developments without understanding their real-world impact — especially when multiple schemes may combine to produce cumulative harm.

🏥 The EIA Process – Explained Through a Health Analogy


StagePlanning Term / ActorWhat It DoesMedical AnalogyWho Pays / Decides?
0National Planning Policy Framework (NPPF)Sets the national rules for how and when EIA should be applied. Councils are encouraged to interpret and strengthen this based on local needs.Like NHS clinical guidelines — national standards, but applied by local doctors.National policy – EHDC decides how it’s implemented locally
1EHDC (Local Planning Authority)Determines if EIA is needed, what it must include, and whether cumulative risks should be examined. Has full legal discretion to require stronger screening.Like your GP and local hospital board — deciding how best to apply the rules to protect patients.EHDC decides — developer pays for all assessment, not the council
2EIA ScreeningDecides whether a full EIA is required. Must include a check for cumulative impact with other approved or planned developments.Like triage — do current symptoms or known risk factors (including past conditions) justify tests?Developer (small admin fee)
3EIA ScopingIf an EIA is needed, scoping defines what topics must be studied and how deeply — including any combined/cumulative risks.Like a doctor deciding whether to test the heart, lungs, liver — and whether existing health problems must be factored in.Developer
4EIA (Full Environmental Impact Assessment)The developer commissions expert reports, surveys, and models on traffic, flooding, biodiversity, health services, etc. Findings go into an Environmental Statement.Like a full medical workup before major surgery — detailed and evidence-based.Developer
5EIA Findings & MitigationThe results shape planning conditions, developer contributions (e.g. roads, GPs, biodiversity offsetting), or project redesign. May include long-term monitoring.Like a treatment plan — surgery allowed, but with follow-up, rehab, or medication.Developer (via conditions, Section 106, etc.)

🧱 Why Cumulative Impact Is So Critical — and So Often Ignored


Here’s where many councils, including EHDC, fall short: they treat each development in isolation, ignoring the fact that multiple smaller schemes can combine to cause major damage. That’s the essence of cumulative impact — and it’s already a required part of both the Screening and Scoping stages under national planning guidance.

It’s like assuming a single prescription is harmless — without checking whether the patient is already taking five others. One scheme might not overload a road or surgery, but five new estates across a village cluster absolutely can.

EHDC has both the legal right and the moral duty to insist on proper cumulative impact assessment — especially in overdeveloped areas like Four Marks, Medstead, Alton, and Whitehill. Yet time and again, it fails to use its powers.

đź§ľ Final Word


EIA, when done properly, is a vital planning tool. It’s not about blocking development — it’s about making sure growth happens responsibly, with the real-world effects understood, mitigated, and monitored.

  • Developers pay for the entire process
  • The NPPF allows and expects councils to strengthen safeguards locally
  • EHDC has complete discretion to apply these checks based on local needs
  • The only thing missing is the will to use the powers already available

📊 What is the standard method for calculating housing need?

The standard method is a government-set formula used to estimate how many new homes a local authority needs to plan for each year.

It was introduced to provide consistency and transparency in how housing need is calculated across England, and is the default approach unless a council can justify using an alternative (e.g. through an up-to-date Local Plan that’s been examined and accepted).

⚙️ How does it work?


The standard method is a two-step calculation based on:

  1. Household growth projections
    – These are official statistics (from ONS) that estimate how many new households are expected to form in each area over time.
  2. Affordability adjustment
    – This increases the housing need figure in areas where house prices are high compared to incomes (i.e. less affordable areas must plan for more housing).
    – The formula uses the median house price-to-earnings ratio to adjust the total.

📌 For example: If a council area has a high affordability ratio — say, homes cost 12 times the average income — the housing need figure will be increased significantly to reflect that more homes are needed to address the imbalance.

đź§® Formula (simplified):


Minimum Annual Housing Need = ➡️ Baseline household growth + ➡️ Uplift based on local affordability

🛑 Can a council use a different method?


Only in specific cases — such as during a Local Plan review that’s:

  • Fully updated and subject to public consultation and examination
  • Using locally-specific evidence (e.g. infrastructure capacity, environmental constraints)
  • Approved by a Planning Inspector

But in the absence of a recent, examined Local Plan, the standard method applies automatically — and forms the basis of the 5-Year Housing Land Supply test.

Judicial Review Request Submitted to Medstead Parish Council

On 24 March 2025, a formal request was submitted to Medstead Parish Council asking it to act as the Claimant in a Judicial Review (JR) of the recent planning permission granted for the Beechlands Road development.

Importantly, Medstead Parish Council formally objected to this application, and two of its councillors spoke against it at the East Hampshire District Council (EHDC) planning meeting. As many residents who were present in person — or who later watched the proceedings via EHDC’s video link — will confirm, the decision to approve the application was met with shock and disbelief. The recording of the meeting remains available to view on EHDC’s website for six months following the meeting.

The request identifies multiple serious concerns that may render the decision legally challengeable. These include:

  • Failure to consult the public on the true scope of development in South Medstead
  • Improper reliance on outdated precedent
  • Procedural and legal errors
  • Lack of environmental oversight

The Parish Council has confirmed that the matter will be discussed at its next full council meeting on 9 April 2025.

📣 If wish to share relevant information or concerns, please contact Mrs Julie Russell, Clerk to Medstead Parish Council, at clerk@medsteadpc.org.

đź’¬ You are also warmly invited to join the discussion on our community platform:
👉 https://www.beechlands-rd-community.online/forum/forum/52/
Simply start a new topic or comment under the threads already there. Regardless of how obvious something might seem, please don’t hesitate to share it — important points are often overlooked. We’re aiming for an open and practical exchange of information

Why This Is, in Our Opinion, the Right Course of Action

The following are substantiated and evidenced grounds that collectively justify a Judicial Review of the Beechlands Road approval. Each point highlights a potential breach of planning law, policy, or due process:

Planning decision based primarily on unrelated past approvals and appeals

⚖️ 1. Illegality – Misuse of precedent
⚖️ 2. Irrationality – Failure to assess present-day conditions
⚖️ 3. Procedural Impropriety – Failure to exercise independent planning judgment

Improper Influence by Planning Officer During Committee Deliberation

⚖️ 1. Procedural Impropriety – Improper Officer Influence
⚖️ 2. Misdirection – Substituting Legal Advice for Planning Judgment

Pre-Application Consultation Conducted by Developer in a Misleading or Imbalanced Manner

⚖️ 1. Procedural Unfairness – Misinformation Prior to Statutory Consultation
⚖️ 2. Confusion and Imbalance – Closed-Loop Feedback
⚖️ 3. Procedural Impropriety – Council’s Duty to Safeguard Public Participation

Lack of Clear Planning Guidance on EHDC Portal Disadvantaged Residents in Understanding the Beechlands Road Proposal

⚖️ 1. Procedural Unfairness – Absence of Meaningful Public Guidance
⚖️ 2. Disproportionate Impact on Digitally Excluded and Vulnerable Residents
⚖️ 3. Failure to Facilitate Transparent, Accessible Engagement
⚖️ 4. Incomplete or Misleading Planning Portal Guidance

Strategic Growth, Systemic Silence – Stacking the Scales: How South Medstead’s Planning Was Tilted Before the Balance Was Even Applied

⚖️1. Illegality – Failure to Apply EIA Law to Cumulative Development
⚖️ 2. Procedural Impropriety – Failure to Disclose Strategic Intent and Monitor Impact
⚖️ 3. Procedural Impropriety – Fragmentation of Impact Assessment
⚖️ 4. Illegality and Irrationality – Tilted Balance Applied Without Baseline Evidence
⚖️ 5. Failure to Give Lawful and Adequate Reasons

REQUEST FOR SCREENING OPINION – RESIDENTIAL DEVELOPMENT COMPRISING 60 DWELLINGS – Land north of, Boyneswood Lane, Medstead, Alton – 2013

src: EDHC

⚖️ Was the EIA screening decision in 2013 (60 dwellings) lawful?


âś… Legally it was a Schedule 2 development (Category 10(b))


The site was:

  • 3.3 ha, with a 2 ha developable area
  • Not in a sensitive area (as per 2011 Regs at the time)
  • Exceeded the 0.5 ha threshold → Screening was mandatory

👉 EHDC did carry out a screening opinion — ✅ this part is procedurally lawful

🔎 Did EHDC properly consider environmental effects?


They did consult statutory bodies:

  • Environment Agency
  • HCC Highways
  • Natural England
  • Thames Water
  • Environmental Health

📌 Several consultees noted risks:

  • Flooding potential and drainage (EA + EHDC drainage)
  • Noise, air quality (Environmental Health)
  • Highways concern about cumulative impact (HCC Highways)
  • Medstead PC specifically objected due to cumulative development pressure and loss of open space/woodland

But…

⚠️ Critical Weakness in the Screening Decision: Cumulative Impact Was Dismissed


EHDC acknowledges that:

“The village has experienced rapid development pressures in the preceding short-term of 5–10 years but not on a scale likely to cause significant social issues…”

And:

“A full TA will be required… but crucially for the purposes of the 2011 Regulations only committed developments can be considered in screening.”

👉 This is the legal weak point:

❌ EHDC’s interpretation of “committed development” was narrow and conservative

  • They dismissed wider growth because the other SHLAA sites weren’t yet consented
  • They ignored local-scale saturation, even though HCC Highways and the Parish Council both warned about cumulative pressure

đź’Ł Conclusion: Was the 2013 screening opinion lawful?


  • Procedurally: Yes — screening was carried out, consultees were asked.
  • Substantively: ⚠️ Weak, potentially vulnerable to challenge today:
    • Because EHDC relied too heavily on the absence of “committed” status for nearby schemes, rather than assessing the real risk of cumulative impact
    • They did not apply Schedule 3 criteria dynamically, as later clarified in case law like Loader v Rother DC [2015]

PRESUMPTION IN FAVOUR OF SUSTAINABLE DEVELOPMENT (NPPF PARAGRAPH 11)


  • Presumption in Favour of Sustainable Development: According to the National Planning Policy Framework (NPPF), there is a presumption in favour of sustainable development. This means that planning permission should be granted unless the adverse impacts of doing so would significantly and demonstrably outweigh the benefits when assessed against the policies in the NPPF as a whole.
  • Lack of Five-Year Housing Land Supply: If a local authority cannot demonstrate a five-year supply of deliverable housing sites, the policies in the Local Development Plan that are most relevant to housing supply are considered out-of-date. In such cases, the presumption in favour of sustainable development is particularly relevant.



Meaning of ‘When Assessed Against the NPPF as a Whole’


The phrase “when assessed against the NPPF as a whole” means that any decision regarding whether the adverse impacts of a development outweigh its benefits should be made by considering the entire set of policies and principles outlined in the National Planning Policy Framework (NPPF).


THIS COMPREHENSIVE ASSESSMENT ENSURES THAT DECISIONS ARE NOT BASED ON ISOLATED POLICIES OR CRITERIA BUT TAKE INTO ACCOUNT THE OVERALL GOALS AND OBJECTIVES OF THE NPPF, INCLUDING:

1. Sustainable Development: The core principle of the NPPF is to achieve sustainable development, balancing economic, social, and environmental factors.


2. Protecting the Environment: Ensuring that development does not harm the natural, built, and historic environment.


3. Promoting Healthy Communities: Supporting strong, vibrant, and healthy communities with access to a range of local services.


4. Good Design: Encouraging high-quality design in new developments.


5. Supporting Economic Growth: Promoting economic growth and job creation.


6. Transport and Infrastructure: Ensuring that transport and other infrastructure needs are met.


7. Meeting Housing Needs: Providing sufficient housing to meet the needs of present and future generations.


8. Plan-Led System: Emphasising the importance of local plans that reflect the vision and aspirations of local communities.


By assessing a development proposal “against the NPPF as a whole” decision-makers ensure a balanced and holistic approach, considering all relevant policies and their interrelationships rather than focusing narrowly on individual aspects. This helps to achieve well-rounded and sustainable planning outcomes.


Material Planning Considerations: What You Need to Know


Here are categories of factors considered as material planning considerations:


Material Planning Considerations: Air and Water Quality

Air and Water Quality considerations focus on assessing and mitigating the impacts of a proposed development on the quality of air and water resources. These considerations ensure that new developments do not negatively affect the health, safety, and well-being of residents, ecosystems, and the environment.

Material Planning Considerations: Design and Appearance

Design and Appearance in the context of material planning considerations refer to the aesthetic, functional, and contextual attributes of a proposed development. These considerations ensure that new developments are visually appealing, functionally appropriate, and harmoniously integrated into the existing built and natural environment.

Material Planning Considerations: Economic Benefits

Economic Benefits considerations focus on evaluating the positive impacts that a proposed development might have on the local, regional, or national economy. These considerations ensure that new developments contribute to economic growth, job creation, investment, and overall economic stability and prosperity.

Material Planning Considerations: Environmental Impact

Environmental Impact refers to the effect that a proposed development may have on the natural environment. This consideration is crucial for ensuring that new developments do not adversely affect ecosystems, biodiversity, natural resources, and the overall quality of the environment.

Material Planning Considerations: Flood Risk

Flood Risk considerations focus on the potential for flooding and the adequacy of measures to prevent and mitigate flood impacts. These considerations ensure that new developments are appropriately located and designed to minimize flood risk to property, people, and the environment.

Material Planning Considerations: Heritage and Conservation

Heritage and Conservation considerations focus on the protection and enhancement of historic and culturally significant buildings, structures, landscapes, and areas. These considerations ensure that new developments respect and preserve the historical and architectural integrity of heritage assets while contributing to the area’s overall character and identity.

Material Planning Considerations: Infrastructure and Services

Infrastructure and Services considerations focus on the availability, capacity, and adequacy of essential services and facilities required to support a proposed development. This includes transportation networks, utilities, healthcare, education, and other public services necessary for the well-being and functionality of a community.

Material Planning Considerations: Land Use

Land Use refers to the management and modification of natural environments or wilderness into built environments such as settlements and semi-natural habitats. In the context of material planning considerations, land use focuses on the suitability and appropriateness of a particular piece of land for the proposed development, considering existing zoning laws, local plans, and the broader impacts on the community and environment.

Material Planning Considerations: Local and National Planning Policies

Local and National Planning Policies are critical frameworks that guide the development and use of land in a manner that promotes sustainable growth, protects the environment, and meets the needs of communities. These policies are established at different levels of government and provide specific guidelines and regulations that must be adhered to when considering planning applications.

Material Planning Considerations: Public Opinion

Public Opinion refers to the views and concerns of the community, residents, businesses, and other stakeholders regarding a proposed development. When evaluating planning applications, planning authorities consider public opinion to ensure that developments are responsive to the needs and values of the community and to enhance democratic participation in the planning process.

Material Planning Considerations: Residential Amenity

Residential Amenity refers to the overall quality of life and comfort experienced by residents in their homes and neighbourhoods. When evaluating planning applications, authorities consider how a proposed development will impact the living conditions of nearby residents and the general ambiance of the area.

Material Planning Considerations: Sustainability

Sustainability in planning involves ensuring that developments meet the needs of the present without compromising the ability of future generations to meet their own needs. This consideration encompasses a range of economic, environmental, and social factors aimed at promoting long-term ecological balance, resource efficiency, and quality of life.

Material Planning Considerations: Traffic and Access

Traffic and Access are critical factors in evaluating planning applications. These considerations focus on the impact a proposed development will have on the local transportation network, road safety, accessibility for all users, and the adequacy of infrastructure to support the development.


Why Understanding Material Planning Considerations is Crucial to Successfully Describing Your Objection Against a Proposed Development


Understanding material planning considerations is fundamental to effectively objecting to a proposed development for several reasons:

  • Planning authorities are legally bound to consider only material planning considerations when making decisions on planning applications. These considerations include factors such as local and national planning policies, environmental impact, traffic and access, and residential amenity.

    An objection grounded in these considerations is more likely to be taken seriously and have an impact on the decision-making process.
  • A thorough understanding allows you to frame your objections in a structured manner, providing clear, evidence-based arguments.

    For example, if a proposed development does not comply with local planning policies, highlighting specific policies and demonstrating non-compliance strengthens your case.
  • By understanding the key material planning considerations, you can identify and focus on the most critical issues that the planning authorities must address.
    This targeted approach ensures that your objections are relevant and impactful, addressing concerns such as traffic congestion, environmental degradation, or loss of residential amenity.
  • Knowledgeable objections enhance your credibility. When you reference relevant policies, environmental reports, or traffic studies, it shows that your objections are well-researched and not based on personal preference or unfounded claims.

    By understanding the key material planning considerations, you can identify and focus on the most critical issues that the planning authorities must address. This credibility can influence planning officers and decision-makers.
  • Understanding material planning considerations enables you to effectively represent broader community concerns.

    If a significant number of residents are worried about increased traffic or environmental impact, articulating these issues within the framework of material considerations ensures their voices are heard in a manner that planning authorities are obliged to consider.

  • In the event that a planning decision is challenged legally, objections based on material planning considerations are more likely to hold weight.

    Courts and planning inspectors look for substantive, policy-based arguments rather than subjective opinions.

  • Even if a development is approved, well-founded objections can influence the conditions imposed on the development.

    For example, concerns about traffic might lead to conditions requiring traffic mitigation measures or restrictions on construction hours to protect.