Strategic Environmental Assessment for Neighbourhood Plans

Transcription

1 Strategic Environmental Assessment for Neighbourhood Plans Nick Chisholm-Batten Associate 11 th May 2018

2 Covered today Overview of SEA requirements for Neighbourhood Plans The idiosyncrasies of SEA for Neighbourhood Plans and proportionality Delivering a robust SEA process which can withstand challenge SEA for Neighbourhood Plans: a worthwhile exercise? Page 2

3 Neighbourhood Plans in England 2011 Localism Act: Enables communities prepare plans which set planning policies through a neighbourhood plan that is used in determining planning applications. NPs part of the statutory development plan and are written by representatives of the local community c. 1,800+ Neighbourhood Plan areas designated to date Page 3

4 Requirement for SEA Basic conditions that a draft Neighbourhood Plan must meet if it is to proceed to referendum Neighbourhood Plan must meet the relevant European obligations the making of the order (or neighbourhood plan) does not breach, and is otherwise compatible with, EU obligations. NPPG: In some limited circumstances, where a neighbourhood plan is likely to have significant environmental effects, it may require a strategic environmental assessment. Page 4

5 Strategic Environmental Assessment or Sustainability Appraisal? NPPG: No requirement for Sustainability Appraisal May be requirement for SEA Basic conditions European obligations the making of the or Neighbourhood Plan contributes to the achievement of sustainable development Page 5

6 The idiosyncrasies of undertaking SEA for Neighbourhood Plans Neighbourhood groups are very frequently comprised of volunteers with limited technical planning knowledge Whilst a neighbourhood plan may be set up to prevent development, plan making always evolves. SEAs can be for plans covering very small areas with very distinct issues As such there is a need for the SEA process to be flexible, proportionate and relevant. Page 6

7 Screening for SEA: Evaluating whether a plan has the potential to have significant environmental effects (1) Page 7

8 Screening for SEA: Evaluating whether a plan has the potential to have significant environmental effects (2) Page 8

9 Screening for SEA Role of LPA in screening: LPAs have taken different approaches Important for LPAs to set out clearly to Neighbourhood Groups the their role in this context When to screen? Not too early not too late! Can screening be kept under review? Is there always a need to prepare a screening opinion? i.e. when LPA, Neighbourhood Group are content that an SEA is required Page 9

10 Where can SEAs for Neighbourhood Plans be challenged? Relevant process has not been undertaken to meet requirements of the SEA Regulations Reasonable alternatives have not been considered appropriately The assessment does not provide a robust and accurate basis for presenting the significant environmental effects of the Neighbourhood Plan (and reasonable alternatives) In practice the assessment of reasonable alternatives is (as for Local Plans) likely to be the most fruitful area for challenge Page 10

11 What should be assessed as reasonable alternatives in a Neighbourhood Planning context? An appropriate starting point is: What are the elements of the Neighbourhood Plan that are likely to be the most contentious? Key questions to ask: Is the Neighbourhood Plan seeking to deliver more than is set out by the Local Plan? Is the Neighbourhood Plan seeking to deliver an alternative approach to the Local Plan? Is the Neighbourhood Plan proposing an element which a developer is likely to challenge? Page 11

12 Spatial strategies as reasonable alternatives: Broad options There is a need to consider the key spatial strategy parameters for the Neighbourhood Plan. Consider what is the Neighbourhood Plan seeking to achieve, and tailor RAs to these elements Typical broad options which can be assessed include: Housing numbers to be delivered Size of site allocations (in terms of number of dwellings) Broad locations of development (e.g. Settlement A vs Settlement B ) Brownfield vs greenfield Page 12

13 Spatial strategies as reasonable alternatives: Site-specific options Two approaches: a) assess alternative packages of sites b) assess individual sites in a particular location, guided by the findings of the broad alternatives previously considered. Page 13

14 Thematic issues as reasonable alternatives The Neighbourhood Plan may seek to deliver development management or other policies which may be contentious Examples include: Holiday home provision Type and tenure of housing Green spaces and green gaps Other policies which may go against Local Plan policies Therefore there can be a need to assess non spatial strategy reasonable alternatives too. Page 14

15 Proportionality NPPG is clear on this: What level of detail is required in a strategic environmental assessment? The strategic environmental assessment should only focus on what is needed to assess the likely significant effects of the neighbourhood plan proposal. It should focus on the environmental impacts which are likely to be significant. It does not need to be done in any more detail, or using more resources, than is considered to be appropriate for the content and level of detail in the neighbourhood plan. Paragraph: 030 Reference ID: Page 15

16 SEA for Neighbourhood Plans: A worthwhile exercise? No: if the SEA process is undertaken too late in the plan making process is undertaken as a tick box exercise Otherwise- a resounding yes Informs and influences the plan making process Frequently tallies with what the Neighbourhood Plan group is seeking to achieve Supports identification of alternative spatial strategies Complements the evidence base for the NP Supports the engagement element of neighbourhood planning Informs the development of the narrative for plan making Page 16

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