Although the particulars will vary considerably between jurisdictions, the decision to build a new nuclear plant will invariably involve a consideration of the anticipated environmental impacts, and whether they can be miti­gated, or even tolerated, to a level whereby the benefits of the development will sufficiently outweigh them. This is not a trivial consideration and history has demonstrated the role that environmental considerations can play in shaping development decisions. There are a variety of different stakehold­ers involved that can influence the decision-making process in favour of the environment such as concerned local residents, nongovernmental organisa­tions and the environmental and planning authorities. All of these inter­ested groups have the potential to ensure that the environmental impacts of a proposed development, taking into account the information available, including that generated from environmental assessments, are factored into the decision on whether or not to proceed. These considerations will also have an effect on the resulting site licensing conditions if the authorities ultimately do provide consent for a proposed installation.

In most civil nuclear States, the planning system is employed to manage the process and help ensure that there has been adequate scrutiny of envi­ronmental impacts. Environmental considerations play a pervasive role in the planning debate and there is therefore a need to understand its proc­esses and the key authorities involved. Although there are common features which unite the legal processes of individual States, this is an area where they have retained considerable autonomy. There are, therefore, a number of permutations and no approach to draw from which will be generally applicable.

For example, many of the relevant provisions that govern the nuclear planning regime in the US are contained in Part 51 of the United States Regulatory Commission’s NRC Regulations (10 CFR Part 51). In addition, IAEA documentation such as the Fundamental Safety Principles (IAEA, no. SF-1), Milestones in the Development of a National Infrastructure for Nuclear Power (IAEA, no. NG-G-3.1) and Stakeholder Involvement in Nuclear Issues (IAEA, INSAG-20) are all important starting points from which most civil nuclear States have developed their domestic legal systems. Although there is no common approach, the UK experience serves as an instructive model with respect to land-use planning. The Planning Act 2008 (PA 2008) has introduced significant changes which will alter the content and procedure of the planning process (albeit subject to further change following the election of the coalition government in the UK in May 2010). Added to this is the considerable international interest in the UK market relating to its commitment to a new generation of nuclear power stations. There is significant common ground between the planning system in the UK and other civil nuclear jurisdictions, and a general understanding of its key features will be beneficial to a variety of different stakeholders.