Introductions to Lichfields and our EIA track record Reference to our accreditation with an EIA Quality Mark with the Institute of Environmental

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1 Title Slide 1

2 Introductions to Lichfields and our EIA track record Reference to our accreditation with an EIA Quality Mark with the Institute of Environmental Management and Assessment. Confirmation that this is intended to show a commitment to the provision of high quality EIA advice and requires constant monitoring of our processes and procedures and commitment to training. 2

3 Summary/Structure of Presentation 3

4 Title Slide 4

5 Confirmation that the aim of EIA is to protect the environment by ensuring that a local planning authority when making a planning decision does so in the full knowledge of the likely significant environmental effects. As you can see from the above slides, the Regulations split those schemes needing EIA into three broad groups: Schedule 1 those are the most polluting schemes such as thermal and nuclear power stations and long-distance railway traffic and airports. For these EIA is always required. Schedule 2 these are schemes considered to be major and there are indicative thresholds in place to determine whether the scheme should be screened for EIA or not. These include a wide range of types of development including large housing and mixed-use developments. Exceptions however, even if a scheme falls below the thresholds identified in Schedule 2, this does not necessarily mean EIA is not required. May include the tall building on a small site, sites which are highly sensitive or schemes of demolition 5

6 EIA should only apply to a very small proportion of projects in the planning system. DCLG statistical data shows that over the last 5 years, and of the roughly 110,000 to 120,000 applications submitted to LPAs each quarter only about 100 of those include an Environmental Statement. This equates to about 0.1% of all applications. 6

7 Explanation of how EIA has emerged across Europe and across the UK 7

8 Explanation of why the 2014 EU Directive published (which then led to the changes now in the 2017 Regs)? Reference to the July 2009 on the application and effectiveness of the EIA Directive. It identified strengths of the regime, but also significant areas for improvement. Looking at the right hand column of the above slide this describes the areas where it was considered that EIA could be improved. In summary, and after 25 years of application, the EIA Directive had not significantly changed, while the policy, legal and technical context had evolved considerably. General objective: adjust the EIA Directive in order to correct identified and persisting shortcomings. reflect ongoing environmental and socio-economic priorities and challenges. align with the principles of smart regulation. reflect the ECJ case-law. 8

9 The new EIA Regulations came into force on 16 May 2017 with separate Regulations covering each part of the UK. There are slight differences in the wording between them but as they are all derived from the same Directive the overall principles are the same. Explain applies to all EIA since 16 May except for certain exceptions In terms of guidance - new Scottish Guidance and the PPG has been updated in respect of applications in England. Nothing yet in Wales or Northern Ireland. There are also a lot of similarities between the old Regulations and the new ones Schedules 1 and 2 and most general procedural matters are largely unchanged 9

10 Summary of the key changes arising from the new Regulations 10

11 Quote from the EU Withdrawal Bill currently working its way through Parliament which confirms continuity that pieces of legislation such as the EIA Regulations will remain in place immediately as the Council withdraw form the EU Otherwise will need to watch this space 11

12 Title Slide 12

13 Reference to that part of Schedule 2 of most relevance to the audience Note the need for a site by site analysis 13

14 Continuation of previous slide that part of Schedule 2 of most relevance to the audience 14

15 Explanation of the most appropriate time to screen and why this should be carried out 15

16 Various matters to take into account in determining whether or not EIA is necessary - Characteristics of the development is the sheer scale, nature or likely construction of operation of a development of such significance that it must be assumed that significant effects will be likely - Location of the development what features or designations relate to the site or its surroundings and how sensitive are they to any change that may arise as a result of the development clearly the higher the sensivity, more likely that EIA is necessary - Characteristics of the impacts arising are they likely to be complex, long lasting, irreversible or the potential to effectively reduce the impact is low all these issues may give rise to a need for EIA 16

17 Title Slide 17

18 Purpose of Scoping and when to scope Importance of consultation as part of this process Importance of a site by site approach 18

19 Notes on how to efficiently conduct an EIA and ensure it is an iterative process 19

20 Reference to the need to co-ordinate with other EU related assessments 20

21 Title Slide 21

22 Issues to take into account when an EIA development has been considered by an EIA 22

23 How to ensure that the EIA process feeds into effectively worded conditions/legal obligations 23

24 Need to consider whether supplementary information is required as part of a multi-stage decision making process 24

25 Need to supplement an ES if a development is being amended 25

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