Mandatory EIA Scoping requirements now apply to certain renewable energy and repowering developments. From 1 November 2026, applicants seeking permission for qualifying developments must request an EIA Scoping Opinion as part of the planning process. We answer five key questions about the new requirement and consider what it means in practice for developers.
1. What is EIA Scoping?
EIA Scoping is the process of identifying the scope and extent of information to be included in an Environmental Impact Assessment Report (“EIAR”) to be submitted to the competent authority for the purposes of an EIA. The outcome of the scoping process is a written Scoping Opinion from the relevant competent authority, which identifies the scope and level of information to be included in the EIAR. This provides a framework for the subsequent preparation of the EIAR.
2. When does mandatory EIA Scoping apply?
The requirement for mandatory EIA Scoping under the RED III Regulations[1] (“the Regulations”) applies from 1 November 2026. Therefore, from now, applications for RED III developments – even where the pre-application consultation process has closed – are required to have EIA Scoping completed. Applications submitted without a Scoping Opinion having been provided will be deemed incomplete as part of the completeness check and the application will need to be resubmitted. (See Circular CEPP 1/2025)
3. Who does the mandatory EIA Scoping requirement apply to?
The requirement applies to anyone seeking permission for “renewable energy development” or “repowering development”, both of which are defined in the Regulations. As per Circular CEPP 1/2026[2] the planning authority is responsible for determining whether a proposal falls within the definitions and is therefore to be processed as a RED III project.
4. Where do you request an EIA Scoping Opinion?
If the application is being made to a planning authority, and an EIAR is required to be submitted, the applicant must request the planning authority to provide a written Scoping Opinion.
If the application is being administered by An Coimisiún Pleanála (“ACP”), ie applications for projects listed in the Seventh Schedule of the 2000 Act, the request should be made in writing to ACP at “An Coimisiún Pleanála, 64 Marlborough Street, Dublin 1.”
5. Why is EIA Scoping now mandatory for renewable energy developments?
The Regulations transpose the RED III Directive, the purpose of which is to speed up the EU’s clean energy transition. One of the means of doing that is by seeking to make permit-granting procedures (including planning permission) easier and faster. The Directive introduces mandatory EIA Scoping to facilitate that. The European Commission’s 2017 Guidance on Scoping includes, as one of the benefits of Scoping in EIA, that it “Saves time and money”.
According to the Regulations, once an opinion is given, the planning authority / ACP must not “extend the scope and level of detail of the information to be included” in the EIAR.
What mandatory EIA Scoping means in practice for developers
While EIA Scoping is now mandatory, and therefore an additional procedural step for projects which qualify, it could have practical benefit for developers. If it works well, EIA Scoping is a way to increase certainty for developers and, presumably, if the EIAR submitted conforms with the Scoping Opinion, it will shorten decision-making timelines. It may also reduce the length of the EIAR itself, ensuring that its focus is on those factors of the environment to which the project is likely to pose a significant risk.
However, because the scope of the EIAR must be agreed at the pre-application consultation stage this could result in a front-loading of the time required. While not included in the RED III Regulations themselves, according to the Department of Housing, Local Government and Heritage circulars, matters relating to the surveying of habitats and species to inform the EIAR must be agreed in consultation with the NPWS. This increases the importance of the pre-consultation stage.
Conclusion
It remains to be seen whether the introduction of mandatory EIA Scoping will achieve the objective of the RED III Directive in relation to faster permitting.
For further background on RED III, see our previous articles:
[1] S.I. No. 274 of 2025, as amended by S.I. No. 435 of 2025 and S.I. No. 185 of 2026.
[2] Circular CEPP 1/2026, European Union (Planning and Development) (Renewable Energy) Regulations 2025.
