COMPETENT EXPERTS TOM WELLS, CBRE 16 MAY 2017

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1 TOM WELLS, CBRE 16 MAY 2017

2 THE REQUIREMENT: EUROPEAN DIRECTIVE 2014/52/EU Article 5(3) In order to ensure the completeness and quality of the environmental impact assessment report: (a) the developer shall ensure that the environmental impact assessment report is prepared by competent experts (b) the competent authority shall ensure that it has, or has access as necessary to, sufficient expertise to examine the environmental impact assessment report

3 TRANSPOSITION: IP ENGLAND, SCOTLAND & WALES Reg 14(4) In order to ensure the completeness and quality of the environmental statement (a) the applicant must ensure that the environmental statement is prepared by competent experts; and (b) the environmental statement must be accompanied by a statement from the applicant outlining the relevant expertise or qualifications of such experts.

4 TRANSPOSITION: IP ENGLAND, SCOTLAND & WALES Reg 5(5) The Secretary of State or relevant authority, as the case may be, must ensure that they have, or have access as necessary to, sufficient expertise to examine the environmental statement or updated environmental statement, as appropriate.

5 TRANSPOSITION: T&CP ENGLAND Reg 18(5) In order to ensure the completeness and quality of the environmental statement (a) the developer must ensure that the environmental statement is prepared by competent experts; and (b) the environmental statement must be accompanied by a statement from the developer outlining the relevant expertise or qualifications of such experts.

6 TRANSPOSITION: TC&P ENGLAND Reg 4(5) The relevant planning authority or the Secretary of State must ensure that they have, or have access as necessary to, sufficient expertise to examine the environmental statement.

7 TRANSPOSITION: TC&P SCOTLAND Reg 5(5) In order to ensure the completeness and quality of the EIA report (a) the developer must ensure that the EIA report is prepared by competent experts; and (b) the EIA report must be accompanied by a statement from the developer outlining the relevant expertise or qualifications of such experts.

8 TRANSPOSITION: TC&P SCOTLAND Reg 4(7) The planning authority or the Scottish Ministers, as the case may be must ensure that they have, or have access as necessary to, sufficient expertise to examine the EIA report.

9 TRANSPOSITION: TC&P WALES Reg 17(4) An environmental statement must (a) be prepared by persons who in the opinion of the relevant planning authority or the Welsh Ministers, as appropriate, have sufficient expertise to ensure the completeness and quality of the statement; (b) contain a statement by or on behalf of the applicant or appellant describing the expertise of the person who prepared the environmental statement;

10 TRANSPOSITION: TC&P WALES Reg 4(4) The relevant planning authority or the Welsh Ministers, as the case may be, must ensure that they have, or have access as necessary to, sufficient expertise to examine the environmental statement.

11 DCLG CONSULTATION: DECEMBER 2016 We have not sought to define competent expert any further, both because it is considered to be a sufficiently clear term, but also because it is likely to depend on the individual circumstance of each case. Our initial view is that at present most decision makers either have persons with sufficient expertise within their planning or wider teams to examine the environmental statement, or could readily obtain access to such expertise. They will also have any comments of the statutory consultation bodies, including Natural England and the Environment Agency to assist them.

12 DICTIONARY DEFINITIONS Competent (adjective) having the necessary ability, knowledge, or skill to do something successfully. (of a person) efficient and capable. acceptable and satisfactory, though not outstanding. Sufficient (determiner and adjective) Enough to meet a need or purpose; adequate.

13 DIFFERENT EXPERTISE 1. Topic experts (ES technical chapter authors) 2. EIA experts (EIA coordinator, lead author and editor of ES) 3. EIA examiners (Planning officer, EHOs, statutory consultees)

14 10 THOUGHTS/QUESTIONS TO CONSIDER 1. Does a professional accreditation make you competent? - MIEMA/CEnv/Registered EIA Practitioner 2. Does length of service make you competent? 3. Does who you work for / company accreditation make you competent? - Historic England/Environment Agency/EIA QMark 4. Does experience make you competent? - Similar projects/same set of EIA Regs? 5. Should competency be met by person doing or signing-off work?

15 10 THOUGHTS/QUESTIONS TO CONSIDER 6. Is competency demonstrated through CV or personal statement? 7. For EIA/topic experts, does competency only matter in Wales under T&CP? 8. In Wales, is EIA/topic competency under T&CP regime worth establishing at earlier stage (e.g. during scoping)? 9. Does competency also apply to screening? 10. Competency/sufficient expertise matters for EIA examiners across the UK. Competency will undoubtedly be tested through the Courts.