Professionals and Qualifications

EIA competent experts and who coordinates the statement

6 min readBy PlanScope Editorial Team

Regulation 18 puts the duty on the applicant: competent experts, with their expertise set out. Competence has to be demonstrated on the face of the submission.

The Town and Country Planning (Environmental Impact Assessment) Regulations 2017 do not list the qualifications an environmental statement author must hold. What regulation 18 does is place a duty on the applicant: the environmental statement must be prepared by competent experts, and it must be accompanied by a statement outlining the relevant expertise or qualifications of those experts. That duty sits with the developer, not with the consultancy, which is why eia competent expert regulations 2017 questions usually arrive from the client side.

The practical consequence is that competence has to be demonstrated on the face of the submission. An environmental statement that names no authors and gives no qualifications is open to challenge before anybody reaches the substance of the assessment.

What the 2017 Regulations require of the authors

Three provisions do the work.

The applicant must ensure the statement is prepared by competent experts. The word is not defined, which leaves it to be judged by reference to the discipline, the significance of the effects being assessed and the complexity of the project.

The statement must be accompanied by a note of the relevant expertise or qualifications of those experts. That is a document to be drafted deliberately, not a list of logos.

And the authority, for its part, must have or have access to sufficient expertise to examine the statement. This explains why councils appoint independent reviewers on large schemes and recharge the cost, and why a weak chapter attracts a reviewer's comments rather than a quiet acceptance.

Together these provisions set up a reciprocal test. You are expected to field experts, and the authority is expected to be capable of checking them. Both halves matter when a chapter is contested at inquiry.

Competence per topic chapter

Competence is topic by topic, and the relevant markers differ by discipline. A reasonable expectation for the main chapters of a major scheme:

Chapter What competence usually looks like
Ecology and biodiversity chartered ecologist or full membership of the ecology institute, with species licences where survey work is involved
Noise and vibration membership of the acoustics institute and experience of the relevant standards
Air quality membership of the air quality institute and modelling experience for the pollutant sources in question
Transport chartered membership in highways or transport planning, with modelling competence where capacity is assessed
Heritage and archaeology membership of the heritage or archaeology institutes, with fieldwork competence where evaluation is required
Landscape and visual chartered membership of the landscape institute and assessment to the recognised guidelines
Water, flood risk and drainage chartered civil or environmental engineering membership, which is also the benchmark for drainage strategy engineer competence
Ground conditions suitably qualified and experienced practitioner working to the contaminated land standards

Chartered status is a proxy rather than a requirement, and plenty of competent assessors are not chartered. What a reviewer is really testing is whether the author has done this type of assessment, for this type of receptor, at this scale, before.

The coordinator role and what it covers

Somebody has to own the document rather than the chapters. On a scheme of any size that is a named environmental impact assessment coordinator, and the role is substantive.

The coordinator maintains a single project description and makes sure every chapter assesses the same scheme. This sounds trivial and it is the commonest defect in a submitted statement: the transport chapter assesses 340 dwellings while the ecology chapter assesses 352, because the layout changed in March.

The coordinator also owns the assessment framework. The study areas, the assessment years, the construction programme assumptions, the significance criteria and the terminology have to be consistent, or the conclusions cannot be read across. Where the Regulations require the interaction between factors to be described, that description can only be written by someone with sight of every chapter.

Then there is the cumulative assessment. The list of other developments to be taken into account, agreed with the authority at scoping, has to be applied identically in each chapter. And the non-technical summary, which is the part most readers actually read, is a coordinator product rather than a stitched-together set of chapter conclusions.

Evidence of competence in the statement

Put it in an appendix and keep it factual. For each chapter, the lead author's name, their qualifications and professional memberships, their role, and the number of years they have worked in the discipline. For the coordinator, the same plus the coordination role described.

Three additions that reviewers appreciate. A short statement of the quality assurance process applied, including who checked each chapter. A note of any proprietary models used and the version. And where an organisation holds a recognised quality registration for environmental impact assessment work, say so, since it tells the reader that the organisation's processes are externally reviewed.

Avoid claims that cannot be evidenced. Describing a team as highly experienced adds nothing. Stating that the noise chapter was written by a member of the acoustics institute with fourteen years of assessment work on residential schemes adds a good deal.

Where the authority can reject a statement

A local planning authority that considers the statement does not meet the content requirements can ask for further information before determining the application, which stops the clock and is the most common outcome where competence is in doubt.

More seriously, a statement that fails to address a required matter leaves the decision vulnerable. If a permission is granted on a statement that was not prepared by competent experts, or that omits a required assessment, the decision is open to challenge, and the remedy is usually the quashing of the permission rather than a correction.

The pragmatic reading is that competence is a programme risk as much as a legal one. The authority's reviewer has every incentive to ask for more information, and each round of requests adds weeks.

Subcontracted chapters and consistency

Most environmental statements are produced by a lead consultancy with specialist sub-consultants. That is normal, and it is where inconsistency enters.

Four controls worth putting in the appointment documents:

  1. A single project description issued by the coordinator, with a version number, and a rule that no chapter may be written against an earlier version.
  2. A common significance methodology, with the terms defined once and used identically.
  3. A deadline structure that gives the coordinator time to read every chapter against every other chapter, rather than two days before submission.
  4. A clear position on who holds liability for each chapter, and whether sub-consultants are appointed directly by the client or by the lead.

The fourth matters more than it looks, because the person who signs the chapter is the person who will be cross-examined on it. Where a specialist is replaced mid-process, the handover needs the same care as changing consultant mid-application, and where chapters are contested, the discipline of statements of common ground and expert conferencing is what narrows the issues.

Setting out competence in the submission

A short, specific competence appendix, a single project description, a consistent methodology and a coordinator who has actually read the whole document will get a statement through validation and survive review. None of that is expensive. It is organisational.

An environmental statement must be prepared by competent experts, which means an Environmental Impact Assessment draft produced with AI assistance is a starting point for those experts rather than a substitute for them. The Regulations are explicit on the point, and no amount of structure changes it. Where a reviewer is needed to check or sign off specialist work, the professional directory is the route for requesting review.

For specialist technical reports, qualified professional input may be required. PlanScope provides AI-assisted draft reports for planning applications. Reports should be reviewed before submission. We do not guarantee planning approval. This is general guidance rather than legal advice.

Frequently asked questions

What do the EIA Regulations say about author competence?

Regulation 18 requires the applicant to ensure the environmental statement is prepared by competent experts and to accompany it with a statement of their relevant expertise or qualifications. The Regulations also require the authority to have, or have access to, sufficient expertise to examine the statement. The term competent is not defined.

Does every chapter author need to be chartered?

No. Chartered status is a proxy for assessed competence rather than a legal requirement, and many capable assessors are not chartered. What a reviewer tests is whether the author has carried out this kind of assessment, for this kind of receptor, at this scale, before. Species licences are a separate legal requirement for ecological survey work.

What does an EIA coordinator actually do?

Owns a single versioned project description so every chapter assesses the same scheme, sets the study areas, assessment years and significance criteria, applies the agreed cumulative development list consistently, writes the description of interactions between factors, and produces the non-technical summary. Inconsistent scheme descriptions between chapters are the commonest defect.

What happens if the authority doubts the competence of the authors?

It can require further information before determining the application, which stops the clock and usually adds weeks. More seriously, a permission granted on a statement that omits a required assessment or was not prepared by competent experts is open to legal challenge, with quashing rather than correction as the likely remedy.

How should competence be evidenced in the document?

An appendix giving, for each chapter, the lead author's name, qualifications, professional memberships, role and years in the discipline, plus the same for the coordinator. Add the quality assurance process, the models and versions used, and any recognised organisational quality registration for environmental impact assessment work.

Sources and further reading

eiaenvironmental statementcompetenceprofessionalsmajor development

This article is general guidance about the planning system in England and, where stated, the rest of the UK. It is not legal or professional advice. Check your local planning authority’s validation requirements and take professional advice for your specific site.

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