EIA for Nationally Significant Infrastructure Projects. Chris Leach 28 th February 2017

Transcription

1 EIA for Nationally Significant Infrastructure Projects Chris Leach 28 th February 2017

2 Introduction NSIPs typically cover 5 types of project: Energy Transport Water Waste Water Waste Projects sized above certain thresholds (e.g. 50MW for energy) are classed as Nationally Significant. Supported by National Policy Statements (NPS). Consented under the Planning Act 2008 Development Consent Order process. Designed to simplify and speed up the process of consenting for large projects. Heavily front-end loaded process. 2

3 8-36 months (depending on size and complexity of project) The DCO process Acceptance of application months (fixed timescales) + 6 weeks Judicial Review period 3

4 Key Differences between EIA under DCO and TCPA Nothing? Similar versions of EIA regs which both fully reflect the EIA Directive; Pre-application process involves similar steps (Scoping, Screening, Consultation, ES); Many of the same stakeholders involved with both. In practice. EIA for NSIPs tend to be more in-depth, complex process, both as a result of the DCO process as a whole and due to the nature of the project and desire to retain design flexibility. Some key differences include: Submission to PINS and Decision by SOS; Policy Position reflected by NPS presumption in favour of development; Requirement to produce and consult upon Preliminary Environmental Information (PEI); Large number of other application documents which need to be consistent with the ES and findings; Desire for flexibility gives rise to lots of details in this front-end loaded process; Mitigation route map identifies how mitigation is to be secured; Statutory consultation required and consultation report produced which has to identify how the project has responded to consultee comments; Size of documents! 4

5 Typical DCO documentation required for application Draft DCO Environmental Statement Non Technical Summary Land Plans Works Plans Planning Statement Funding Statement Consultation Report Statement of Community Consultation etc...etc... All must be consistent. 5

6 PEI & Consultation Defined as: information referred to in Part 1 of Schedule 4 (information for inclusion in environmental statements) which (a) has been compiled by the applicant; and (b) is reasonably required to assess the environmental effects of the development (and of any associated development). A good PEI document is one that enables consultees (both specialist and non-specialist) to understand the likely environmental effects of the proposed development and helps to inform their consultation responses on the proposed development. Consultation document which needs to generate meaningful feedback from consultees which can then be incorporated into the project Documents range from a draft ES to a small summary / screening type document Which approach promotes meaningful consultation? ALL consultation logged and ANY environmental query raised must be responded to 6

7 Flexibility vs Detail? DCO creates a draft order which is legally binding Information submitted in support of the DCO (including environmental information) must be carried through to construction Particularly applicable to power stations e.g. Stack height. Commonly cited example of Brigg Y Cwm EfW plant PINS is becoming less restrictive and projects now use wide order limits and a Rochdale Envelope approach Good example is Killingholme IGCC plant Amendments can be submitted, during or after the DCO consenting process, but Regs are vague on what constitutes material and non-material amendments 7

8 Mitigation and Implementation Requirement to produce a mitigation route map Must be consistent across all documents Must state how mitigation would be implemented (e.g. through DCO requirements) Breaching DCO requirements is a criminal offence Topic Phase of Mitigation text (copied from Document Requirement ref. Development enviro documents) ref. Air Quality Construction Air Quality Operation Noise and Construction Vibration Noise and Operation Vibration 8

9 Other key aspects Large teams and input from many different aspects of DCO: lawyers, client, land referencers; planners; environmental specialists; design teams; architects etc. EIA will be examined so from the outset need to prepare the document to head off potential issues and contentious points; Need to benchmark against other projects best practice documents on PINS website, but this can lead to each application being bigger and more complex than the last; Need to deal with counter-factual evidence from the public, need for proof. 9

10 Input from LPAs Local Authorities have a very important role to play in the 2008 Act process. They are encouraged to work through the issues raised in the NSIP Process with applicants well before the application is submitted. (PINS Advice Note 1) They are a statutory consultee throughout the EIA process, providing input into Scoping, PEIR and ES and commenting on the consultation process; Important to agree assessment methodologies and findings early in the process; One of the key inputs from LPAs is the Local Impact Report (LIR); LPAs can be assisted financially from developers by signing Planning Performance Agreements (PPA) or similar. 10

11 Consultation on amendments to EIA Regulations Amendments to the EU Directive to be transposed into domestic legislation by mid-may DCLG have recently consulted on draft EIA Regulations. Some of the changes to be implemented are, in practice, already common practice in preparing EIA for DCO applications. Proposed amendments include: More accountability for mitigation (although monitoring not necessarily required); Ability to wrap up several consents in one order e.g. land drainage, environmental permit, HRA. PINS have a dedicated Consent Services Unit; More reliance on Scoping Opinion / consultation responses; and More focus on Health Impact Assessment and climate change. 11

12 Thank you.