Table of Contents

Research Handbook on EU Agriculture Law

Research Handbook on EU Agriculture Law

Research Handbooks in European Law series

Edited by Joseph A. McMahon and Michael N. Cardwell

Following the conclusion of the latest round of reforms to the Common Agricultural Policy (CAP) in 2013, the Research Handbook on EU Agriculture Law provides an up-to-date discussion of these reforms and the changing landscape in which the CAP now operates.

Chapter 7: Environmental governance and land use policy in tension? Applying environmental impact assessment to intensive agriculture

Christopher Rodgers

Subjects: development studies, agricultural economics, law - academic, environmental law, european law


European environmental law is increasingly exerting a strong influence on both the shape, and the extent and range, of land use controls applied to agriculture. The principal agent for this shift in the regulatory framework has been the introduction of environmental impact assessment (EIA) in 1985. Agriculture has in the United Kingdom (UK) been largely free from planning controls and other regulatory requirements, due in large part to the exemption of agricultural land use from the planning regime by the Town and Country Planning Act 1947 and its successors. The architecture of the post-war planning settlement remains largely intact. However, it is becoming increasingly clear that the introduction of EIA, a key instrument of European Union (EU) environmental law, is now driving an extension of regulatory control over land use with major implications for agriculture. The introduction of EIA for some changes in land use (for example, intensifying production on semi-natural land) represents a major extension of regulatory control into an area previously untouched by legal controls. This may be seen as a direct response by EU environmental policy to the now widely recognized and damaging impacts of intensive and industrial scale agriculture on the natural environment across the EU. In the domestic context, environmental law has also had more subtle impacts on the governance of land use, both within the town and country planning system itself and in land use controls applied through other governance structures.

You are not authenticated to view the full text of this chapter or article.

Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.

Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.

Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.

Further information