Introduction to Environmental Impact Assessment for Masterplan Sites 25 April 2018

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1 Introduction to Environmental Impact Assessment for Masterplan Sites 25 April 2018

2 Environmental Impact Assessment Session Introduction and purpose of the presentation Key Topics for Discussion: Environmental Impact Assessment The Basics and Key Stages 2017 EIA Regulations Key Changes and Impact So Far Learning from Masterplan EIA EIA Co-ordination Our Best Practice Approach 2

3 Environmental Impact Assessment (EIA) The Basics and Key Stages 3

4 Environmental Impact Assessment Legislative Basis European Union EIA Directive on the assessment of the effects of certain public and private projects on the environment transposed into national law in EU Member States: Newly amended Directive (2014/52/EU) entered into force 15 May United Kingdom EIA Directive 2014/52/EU transposed into UK legislation May 2017: Town and Country Planning (Environmental Impact Assessment) Regulations 2017 UK Guidance England: Online Planning Practice Guidance, March 2014 Institute of Environmental Management and Assessment (IEMA) Topic-specific guidance, e.g. GLVIA Guidelines for Visual Impact Assessment (v3) Highways Agency DMRB IEMA Noise Impact Assessment 4

5 Environmental Impact Assessment Purpose and approach to multiple applications Environmental Impact Assessment (EIA) is a legal requirement for obtaining planning consents for major infrastructure and development projects. The aim is to protect the environment by ensuring that a Local Planning Authority when deciding whether to grant planning permission for a project, which is likely to have significant effects on the environment, does so in the full knowledge of the likely significant effects, and takes this into account in the decision making process. EIA ensures that the environment is considered during decision-making. Identifies likely significant effects of a proposed development. Enables the consenting authority to make a fully informed decision. EIA is an integral part of design-development and pre-planning. Draws together numerous issues to ensure a robust final decision. Multiple Applications An application should not be considered in isolation if it forms part of a more substantial development. The need for EIA should be considered in the context of the whole development; or, Establish whether each of the developments could proceed independently. 5

6 Project Concept & Assembly Feasibility studies, optioneering, design influences, potential mitigation EIA Screening EIA Scoping and Baseline Determine if EIA is required Determine coverage of EIA Submission of Planning Application Design Freeze Impact Assessment ES Production & Review Monitoring and Management Communicate results and findings of the EIA, peer review, refine mitigation strategies Audit Post Planning Construction Operation 6

7 Environmental Impact Assessment Environmental Statement Information Requirements Regulation 18(3) Mandatory Information A description of the development comprising information on site, design, size and other relevant features. A description of the likely significant effects of the proposed development on the environment. A description of any features of the proposed development, or measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment. A description of the reasonable alternatives studied by the developer. A non-technical summary of the information. Any additional information specified in Schedule 4 that is relevant. Schedule 4 Relevant Information for Inclusion In addition to the above, to include: A description of the baseline scenario and likely evolution without the proposed development. The methods used to undertake the assessment. A description of factors likely to be significantly affected by the proposed development, including direct and indirect effects, cumulative effects: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matters, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage including the architectural and archaeological aspects, and landscape. 7

8 2017 EIA Regulations Key Changes and Impact So Far 8

9 Environmental Impact Assessment 2017 EIA Regulations Key Changes and Impact So Far The 2017 EIA Regulations introduced revised procedural requirements, including: Requirement for EIA to be undertaken and reviewed by competent experts; the ES should include a statement setting out how the sufficient expertise requirement is met. LPA to provide main reasons when issuing an EIA Screening Opinion; the period for providing an EIA Screening Opinion remains 21 days (but can be increased to 90 days if agreed). Allowance for mitigation measures to be taken into account and secured at the screening stage. Formal EIA Scoping remains voluntary (although considered best practice); if the LPA issues an EIA Scoping Opinion then the ES should be based on this. Revised list of topics that require consideration process, including human health and biodiversity. New requirement to consider significant effects arising from the vulnerability of the proposed development to major accidents or disasters that are relevant to that development. Minimum consultation period for ES has been increased to 30 days (previously 21 days). LPA to set out a reasoned conclusion when granting planning permission. LPA to impose monitoring and remedial measures where appropriate and proportionate and required to address significant environmental effects; this can be achieved through the implementation of planning conditions. 9

10 Learning from Masterplan EIA 10

11 Environmental Impact Assessment Lessons Learnt from Masterplan EIA Engagement: Engaging with stakeholders, from the local authority to local residents, is a central consideration. Mitigation and Design: Significant adverse impacts of development require mitigation; environmental considerations should be at the forefront throughout the design process to maximise efficiencies. Embedded Mitigation: Agree at the start and confirm to the EIA technical team so it can be included throughout the EIA process. This could include construction phase mitigation. Information Requirements: Identify who needs what information and when; some assessments rely on information from other consultants or consultees. Multiple Plots: Possible to test maximum parameters to produce a robust assessment across multiple plots and potentially screen requirement for an updated EIA if future changes do not result in significant effects over and above the conclusions of the original EIA. Phasing Strategy: Approach to phasing of the Masterplan can impact on some assessments, so as far as possible this should be clarified at the outset (or multiple phasing scenarios could be tested). Committed Developments: Include permitted schemes and those with live planning applications to minimise risk of further schemes being consented prior to determination. Include smaller schemes within the Masterplan if these have been brought forward first without EIA, so their cumulative effects are understood. Amending Environmental Statements: Environmental Statement Addendum can be produced where there are changes to a consented scheme that do result in additional significant effects. 11

12 EIA Co-ordination Our Best Practice Approach 12

13 Environmental Impact Assessment EIA Co-ordination Role A project kick-off meeting, with key members of the design team and EIA technical team. A clear briefing note provided to the team in the early stages of the project. Information requirements identifying who needs what, when and their timescales for production encouraging early completion of baseline assessment work. Confirming consultation requirements and identifying key contacts to facilitate early engagement. Formalising the proposed scope and approach of the EIA through the EIA Scoping process with the LPA. A project programme, with clear dates and timescales for each stage. Project management tracking progress of the design team and EIA technical team regularly, including any changes in scope, and recording on a project management tracker. On-going input into the design process, to flag any issues arising from potential significant effects. Provision of Environmental Statement Chapter templates, which include all key headings. Quality Assurance comprehensive internal review process, which includes panelling and partner sign-off. 13

14 Environmental Impact Assessment IEMA Quality Mark The IEMA Quality Mark requires: On-going commitment to CPD as an organisation. Submission of several deliverables each year, which contribute to the body of practice knowledge. Copies of all Environmental Statements produced are issued to IEMA annually for review. Staff capability and quality of training are reviewed annually by IEMA through interviews. 14

15 This publication has been written in general terms and we recommend that you obtain professional advice before acting or refraining from action on any of the contents of this publication. Deloitte LLP accepts no liability for any loss occasioned to any person acting or refraining from action as a result of any material in this publication. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC and its registered office at 2 New Street Square, London, EC4A 3BZ, United Kingdom. Deloitte LLP is the United Kingdom affiliate of Deloitte NWE LLP, a member firm of Deloitte Touche Tohmatsu Limited, a UK private company limited by guarantee ( DTTL ). DTTL and each of its member firms are legally separate and independent entities. DTTL and Deloitte NWE LLP do not provide services to clients. Please see to learn more about our global network of member firms Deloitte LLP. All rights reserved.

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