Changes to the Environmental Impact Assessment Regulations

Transcription

1 Changes to the Environmental Impact Assessment Regulations Stefan Boss June 2017

2 Environmental Impact Assessment Lorem ipsum dolor sit amet, consectetur adipiscing elit. Nullam et libero eu dui laoreet blandit sed vel dui. Arial size 16. Lorem ipsum dolor sit amet, consectetur adipiscing elit. 2

3 What is EIA? Systematic process that examines the environmental consequences of development actions, in advance Statutory process in UK law, based on EU Directive, and can therefore be subject to legal challenge Identifies and assesses the short and long term impacts of a development with proposed mitigation measures Documented in an Environmental Statement and submitted with planning application Requires consultation at relevant stages 3

4 Main Stages of the EIA Process Screening EIA Required No EIA Required Scoping Data Collection Initial Assessment & Design Advice Scheme Freeze Impact Assessment Environmental Statement and Non-Technical Summary Decision Making 4

5 Screening - When is an EIA Required? Schedule 1 Mandatory Major: power stations, quarries, roads, pipelines, waste facilities, chemical plants etc. thresholds provided for each Schedule 2 - EIA required on case-by-case basis Exceeds criteria for particular development Within a sensitive area: SSSI National Park/Broads World Heritage Site Scheduled Monument AONB SAC/SPA 5

6 Screening - Thresholds 2017 Regulations (a) Industrial estate development projects; (b) Urban development projects, including the construction of shopping centres and car parks, sports stadiums, leisure centres and multiplex cinemas; (c) Construction of intermodal transhipment facilities and of intermodal terminals (unless included in Schedule 1); The area of the development exceeds 5 hectares. (i) The development includes more than 1 hectare of urban development which is not dwellinghouse development; or (ii) the development includes more than 150 dwellings; or (iii) the overall area of the development exceeds 5 hectares. The area of the development exceeds 0.5 hectare. 6

7 Screening Schedule 3 Criteria 7 Characteristics of Development Size Cumulation with other development Resource use/waste Pollution and nuisance Risk of accidents/disasters Risks to human health Location of Development (environmental sensitivity) Existing land use Relative abundance, quality and regenerative capacity Absorption capacity Characteristics of Potential Impact Extent/Magnitude Probability Duration, frequency and reversibility Possibility of mitigating

8 Screening Managing Risks 8

9 Scoping Voluntary Agree scope of the EIA Statutory consultees Five week response period 9

10 Project Example Brentford Waterside, London 10

11 Scoping Example Brentford Waterside Town Centre High Street Listed Buildings Likely Archaeology Rich Industrial History: Contamination Intertidal Mud: Invertebrates Bat Roosts & Commuting Corridors Views from Syon Park & Kew Gardens Unprotected Floodplain Noise from 24hr Boat Yard 11

12 Not significant Significant Impact Assessment Significance Level Criteria Construction Operation Demolition Severe Major Only adverse effects are assigned this level of significance as they represent key factors in the decision-making process. These effects are generally, but not exclusively, associated with sites and features of national or regional importance. A change at a district scale site or feature may also enter this category. These effects are likely to be important considerations at a local or district scale but, if adverse, are potential concerns to the project and may become key factors in the decision-making process. Magnitude of effect Receptor sensitivity Likelihood Moderate Minor These effects, if adverse, while important at a local scale, are not likely to be key decision-making issues. Nevertheless, the cumulative effect of such issues may lead to an increase in the overall effects on a particular area or on a particular resource. These effects may be raised as local issues but are unlikely to be of importance in the decision-making process. Nevertheless they are of relevance in enhancing the subsequent design of the project and consideration of mitigation or compensation measures. Negligible Either no effect or effect which is beneath the level of perception, within normal bounds of variation or within the margin of forecasting error. Such effects should not be considered by the decision-maker. 12

13 Environmental Statement 13

14 Decision Making Statutory consultation Queries and clarifications Regulation 22/Regulation 25 Judicial Review 14

15 Project Example Blackfriars and Quayside, Gloucester LDO Not just planning applications: Up to 530 homes and student accommodation Responding to flexibility Archaeology, listed buildings and conservation areas Numerous potential contamination sources Flood zones 2 and 3 15

16 New EIA Regulations Transitional Arrangements: ES submitted; and Scoping Opinion Request Submitted. Screening Opinion Requests. 16

17 What Won t Change Separate regulations for sectors/countries; Unlikely to change to projects requiring EIA; Fundamentals of the process/reporting; Scoping optional; and Environmental Statement 17

18 Screening Screening Opinion Requests Additional information to include: Site description and sensitivity; Description of whole development ; Aspects of environment; Likely significant effects; and Measures to avoid significant effects. 18

19 Screening Screening Opinions Key changes Possibility of reducing environmental effects ; Explain reasons; Cumulation with other development; and Timescales. 19

20 Scoping Limited changes Remains voluntary; Timescales maintained; and ES in accordance with most recent opinion. 20

21 Expertise Persons preparing an ES: the developer must ensure that the environmental statement is prepared by competent experts; and the environmental statement must be accompanied by a statement from the developer outlining the relevant expertise or qualifications of such experts. Local planning authority: The relevant authority must ensure that they have, or have access as necessary to, sufficient expertise to examine the environmental statement. 21

22 Key Areas of Risk Consideration of Alternatives Consideration of alternatives is a frequent area of challenge. Requirements: Reasonable alternatives, previously main alternatives ; and Comparison of the environmental effects. Only alternatives studies by developer. Aware of information in public domain. No need to explain design evolution. 22

23 Key Areas of Risk Cumulative Effects Clarity provided: existing and/or approved development Should reduce requirements for assessment of cumulative effects. Reduce uncertainty and risk. 23

24 New Topics Human Health 24

25 New Topics Climate Change 25

26 New Topics Biodiversity 26

27 New Topics Risks of Major Accidents/Disasters 27

28 Monitoring Monitoring of significant adverse effects. Parameters and duration should be proportionate. ES identify monitoring arrangements. Potential for remedial action. 28

29 Decision making Consultation period extended to 30 days. LPA must make a reasoned conclusion on the significant effects of the proposed development. Integrate reasons into the decision. Ensure information up-to-date to allow this. 29

30 Key Implications for Chapter Authors Check which Regulations working under; Screening: Input likely to be required from specialists. Include: a description of the baseline conditions and a description of likely significant effects; Scoping: Review the requirements of the Scoping Opinion prior to finalising ES chapters; Expertise for preparing an ES: Competent expert required and expertise/qualifications should be identified. Recommend identifying organisation at scoping and individual (as Proof of Evidence) at ES; Expertise for reviewing an ES: Ensure LPA has access to suitable expertise; Alternatives: Technical specialists may need to contribute to comparison, but it is likely that in the majority cases a high level/commentary comparison will suffice; and Monitoring: be clear on what is significant and identify proposed arrangements for significant adverse effects. 30

31 Key Messages for Clients Need for competent experts i.e. us!; Manage additional risks while new requirements bed in; Ensure fulfil commitments made at screening/scoping; Manage programme implications; Robust EIA will reduce costs of monitoring; Address additional topics as appropriate; and Ensure that LPA fulfils its obligations. 31

32 Questions/Discussion 32