EIA Good Practice Clinic

Transcription

1 EIA Good Practice Clinic Delivering Proportionate Assessment 23 November 2017 Cardiff iema.net

2 Facilitating today s session Josh Fothergill Founder & Director Fothergill Training & Consulting Ltd E: Josh@fothergilltc.com M:

3 Outline Welcome & Outline IEMA News An EIA Community for Wales? Icebreaker EIA TRICKY ISSUES Proportionate EIA Refreshments 2017 Regulations Summary Good Practice Clinic Summary iema.net

4 IEMA News

5 Policy & Engagement Team Martin Baxter E: Policy Leads Nick Blyth E: Marc Jourdan E: Policy Officer Peter Jones iema.net New: Spencer Clubb E:

6 Skills for Sustainability Embedding Sustainability in Organisational Delivery IN PARTNERSHIP WITH

7 UK Streamlined Energy & Carbon Reporting: Consultation Workshop Nick Blyth IEMA 13 December 2017 (10-1) Holiday Inn, Cardiff iema.net

8 A Welsh EIA Community?

9 Scottish EIA Community World Café Session EIA s role in Design Dr Elsa João University of Strathclyde iema.net 7 December 2017 Glasgow

10 A Welsh EIA Community?

11 Icebreaker: EIA Tricky Issues

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14 The Challenge of Disproportionate EIA Josh Fothergill iema.net

15 EIA s beginnings - too few and too short 1987: EIA Regulations come into force in UK : Average of 300 EIA/year across whole of country 1990: Numerous EIA led by individual, <3 detailed chapters + Other impacts : Ecology, GLVIA, Traffic in EIA Guides published : Review of EIA Directive, screening, scoping & ES content enhanced 1999: Revised UK EIA Regulations double number of EIA delivered (~650/yr) EIA grew and professionalised to address early issues iema.net

16 Justice Sullivan It would be no advantage to anyone concerned - applicants, objectors or local authorities - if ES were drafted on a purely defensive basis mentioning every possible scrap of information... Such documents would be a hindrance not an aid to sound decision-making by the local planning authority, since they would obscure the principles issues with a welter of detail. Derbyshire Waste Ltd vs Blewett and SoS for Environment [2004] EWCA Civ 1508 at para 42 iema.net

17 The growth never stopped : SEA Directive and SA (England) promised much, delivered little 2008: Killian Pretty Review: a far more proportionate approach to information requirements is needed 2010: Average UK ES has 9.63 topic chapters main text >500 pages - Penfold Review bemoans safety first approach in EIA and planning - Eric Pickles scrapping this Byzantine collection of regulations : Hinkley Point C: ES = >25,000pages, HS2(1): ES = >50,000 pages 2017: NIPA All parties involved need to ensure that the approach to environmental assessment is proportionate and focussed on significant effects of the specific project. iema.net

18 Growth in UK Offshore ES Length iema.net

19 EIA Risks Failing to Be a key voice for the environment in decision-making Add value to development design Engage the public in effective consultation Help manage risks to consenting Be more than an expensive exercise EIA is still valued by Professionals, Welsh Govt, and wider stakeholders, but pressure is mounting and potential for significant change is real in longer-term post-brexit iema.net

20 Implications of BREXIT for EIA 14 June conference initial survey results: A majority of respondents think that the UK will be successful in maintaining EIA post-brexit Opinions on whether EIA will become more or less important are divided A majority of respondents think that BREXIT has the potential to limit future EIA progress within the UK iema.net

21 Developing the Strategy

22 Proportionate EIA Summit 29 April delegates representing 13 UK EIA Stakeholder Groups

23 EIA Community & Stakeholders Central Government and Devolved Administrations EIA Co-ordinators Topic Specialists Developers (Private and Public sector) Planning Authorities Wider Consenting Authorities (e.g. PINs, MMO) Lawyers Consultation Bodies Academia NGOs Contractors Professional Bodies Sector Trade Bodies iema.net

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29 Enhancing People EIA is disproportionate because of people and the systems they set up Need to generate momentum around progressing Proportionate EIA Maintain broad alliance of stakeholders Need for more training formal and informal (CPD) Clarity of what we are coalescing around (better EIA, not just less IA) iema.net

30 Improving Scoping Universal agreement on need to improve Need to enhance COURAGE of key stakeholders in scoping Competence Clarity of justification scoping in Defensive approach to EIA scope through assessment avoid creep Justification in documents to verify why scoped out Practice led research generated Evidence Plans = Agreed Sectoral Scope iema.net

31 Shared Responsibility Disproportionate EIA cannot be solved by an individual or single organisation, action across the EIA Community and between stakeholder groups is essential to generate progress. IEMA and other Environmental Professional Bodies on Guidance EIA and Planning Professionals Consultancies and LPA / Consent Authorities Between Consent Authorities (e.g. MMO) A direct role for Central Government (Scotland & Wales EIA Training) iema.net

32 Embracing Innovation & Digital The EIA community needs to undertake a rapid review of its established practices and traditions This must focus on identifying areas that could be significantly improved through the adoption of innovations in related fields Greater use of digital platforms and technology is essential to modernise and enhance EIA. iema.net

33 Inspiring Progressive Action

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35 Welsh Government Scoping Training 2016 Vale of Glamorgan Cardiff Newport Monmouthshire Caerphilly Rhondda Cynon Taf Merthyr Tydfil Blaenau Gwent Torfaen Bridgend Neath Port Talbot Swansea Carmarthenshire Pembrokeshire Pembrokeshire Coast NPA Powys Ceredigion Brecon Beacons NPA Denbighshire Wrexham Flintshire Anglesey Gwynedd Conwy Snowdonia NPA Welsh Government Planning Inspectorate Wales NRW CADW

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38 Existing Model EIA Screening Scoping Baseline Missing link EIA Mitigation Plans HRA / WFD Monitoring 38 Environmental Impact Assessment 18 th JuLy 2017 Rufus Howard

39 Proposed New Model IA Screening Desk Based Baseline IA (Inc. HRA/WFD)? Front Loaded Additional Scoping Baseline Industry Evidence Programme Missing link complete via IEP Adaptive Monitoring Mitigation & Management Plans 39 Environmental Impact Assessment 18 th JuLy 2017 Rufus Howard

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41 Next Steps Implementing the Strategy

42 A Strategy is Not Enough iema.net

43 Promote the vision for the UK s proportionate EIA future Engage key stakeholders and representative bodies in implementing the strategy Catalyse actions and initiatives around the four key themes of people, scoping, collaboration and innovation & digital iema.net

44 Develop a proportionate EIA Charter, creating a positive and visible campaign around which a coalition of the willing can rally. Develop an EIA Digital Strategy that looks across UK practice to identify the opportunities to deploy advances in technology. iema.net

45 Actions so far Strategy Launch (July - August) - Liverpool Launched 18 July - IA Network SG Meeting (26 July) - Strategy Dissemination Webinar, 2 nd August - Webinar Series on Thematic Solutions begins September Promotion and Awareness Raising of Strategy Summer / Autumn 2017 Meetings with Key Stakeholder September onwards iema.net

46 Embed in IA Network Activities (From Summer 2017) iema.net

47 Q&A Discussion - All Ideas - Practical Opportunities

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49 The Welsh Environmental Impact Assessment (EIA) Regulations 2017

50 Overview: Revising the EIA Directive EC Public Consultation EC proposals for revising EIA Directive EIA Directive amendment 2014/52/EU EU EIA Effectiveness Review New EIA Directive 2011/92/EU Proposal Revised by EU Parliament & Council Member State transposition [by May 2017] iema.net

51 Environmental Impact Assessment: Regulations in Wales The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017 The Environmental Impact Assessment (Agriculture) (Wales) Regulations 2017 The Environmental Impact Assessment (Forestry) (England and Wales) (Amendment) Regulations 2017 The Marine Works (Environmental Impact Assessment) (Amendment) Regulations 2017 The Environmental Impact Assessment (Land Drainage Improvement Works) (Amendment) Regulations 2017 The Water Resources (Environmental Impact Assessment) (England and Wales) (Amendment) Regulations 2017 Transport related

52 EIA in Planning

53 What Changed? A definition of EIA Coordinate HRA [PAN1,2013] Time limits Screening Revisions Topics: Health, CC, Ac&Dis Scoping Revisions Competent Experts EIA Report Content Examination EIA Rep & sufficient expertise in CA Decision Notice Monitoring Penalties & Conflict Interest Transitional arrangements iema.net

54 Broader Scoping of issues considered: Population and Human Health Biodiversity, particular species and habitats 92/43/EEC & 2009/147/EC Land Soil Water Air Climate Material assets Cultural heritage Landscape Major Accidents & Disasters & Cumulative Effects

55 ES/ER = based on Scoping Opinion Concerns raised as risk to iterative and proportionate EIA. Scotland: Clarity multiple scoping opinions allowed DCLG, Wales, etc Aimed to address in Regs and guidance have divided opinion: based on the most recent scoping opinion or direction issued (so far as the development remains materially the same as the proposed development which was subject to that opinion or direction)

56 Reasonable Alternatives (Anx 4) Remain developer led studied by the developer However, more may be needed in EIA Report: reasonable alternatives = (e.g. project design, technology, location, size and scale), and Indication of main reasons selecting chosen option, incl: comparison of the environmental effects. Plus An outline of the likely evolution of baseline scenario without implementation of the project

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58 Human Health

59 Biodiversity Land Design EMP & Monitoring Traffic & Transport Cultural Heritage Accident / Disaster ia@iema.net Material Assets

60 Expertise An environmental statement must: - be prepared by persons who in the opinion of the relevant authority, have sufficient expertise to ensure the completeness and quality of the statement; - contain a statement by or on behalf of the applicant or appellant describing the expertise of the person who prepared the environmental statement; The competent Authority shall: - ensure that it has, or has access as necessary to, sufficient expertise to examine the EIA report. (Only applies to the ES, not screening/scoping)

61 Transitional provisions Where an applicant has requested a scoping opinion, or submitted an environmental statement before 16 May the application, appeal, or enforcement action will continue under the 2016 Regulations. Where an applicant has requested a screening opinion, one has been adopted before the before 16 May Parts 1 and 2 of the 2016 Regulations continue to apply, with Parts 3 to 7 and 9 to 13 of the 2017 Regulations also applying.

62 Q&A Josh Fothergill E: iema.net

63 EIA Good Practice & Tricky Issues

64 Group Thinking Experience and Good Practice Solutions Group reflection AB-CD EF-GH AB CD EF GH A B C D E F G H

65 Summary

66 UK Streamlined Energy & Carbon Reporting: Consultation Workshop Nick Blyth IEMA 28 November 2017 Royal Scots Club, Edinburgh iema.net

67 Thank You Josh Fothergill Fothergill Training & Consulting Ltd E: M: iema.net