Environmental considerations are now central to almost every marine development. As a result, Environmental Impact Assessments (EIAs) are playing a more prominent role in shaping projects from the outset.

For ports, harbours and marina operators, this means that environmental risk is no longer something to address later. It must be built into project planning from day one.

When is an EIA required?

An EIA will be required where a project is likely to have significant effects on the environment and exceeds mandatory or guideline thresholds set out in the detail of the regulatory regime. This might include:

Large-scale construction works
Dredging or land reclamation
Infrastructure developments affecting coastal or marine habitats

In practice, the threshold for requiring an EIA can be lower than expected, particularly given increased regulatory focus on environmental protection.

More than just a reporting exercise

A common misconception is that EIAs are simply a reporting requirement. In reality, they are a decision-making tool.

They require developers to:

Assess potential environmental impacts
Consider alternatives
Identify mitigation measures

This can have a direct impact on the design and viability of a project.

Key areas of focus

Marine EIAs often need to address a wide range of issues, including:

Impacts on marine ecology and habitats
Water quality and sediment disturbance
Noise and vibration
Visual and coastal impacts

The level of detail required can be significant, particularly where designated environmental sites are affected.

Looking ahead: a changing regulatory framework

The regulatory landscape is also set to change.

The Government is moving towards the introduction of a replacement regime for EIAs by the end of 2027. Following the Levelling-up and Regeneration Act 2023, future projects are expected to require outcome-focused Environmental Outcome Reports in place of traditional EIAs.

Alongside this, the Planning and Infrastructure Act 2025 provides the legislative basis for new, government-led Environmental Delivery Plans. These plans are expected to operate at scale and may allow developers to make payments into a Nature Restoration Fund instead of delivering on-site or off-site mitigation directly.

These changes represent a significant shift in approach and will require developers and operators to adapt how environmental requirements are met and evidenced.

The importance of early engagement

One of the most effective ways to manage the EIA process is through early engagement.

Working with consultants, regulators and legal advisers at an early stage can help to:

Scope the assessment appropriately
Identify potential issues early
Avoid duplication across different regulatory processes

This can ultimately save time and cost later in the project lifecycle.

How we can help

Our Planning & Infrastructure team advises developers, ports and marine operators on environmental assessments and planning strategy.

If you are unsure whether your project requires an EIA, or need support managing environmental risk, our team can guide you through the process and help keep your project on track.