Episode 154 - Environmental Impact Assessments

This week we will be talking about Environmental Impact Assessments. This episode content meets PC3 - Legal Framework & Processes of the Part 3 Criteria.

Resources from today's episode:

Websites:

• https://www.gov.uk/guidance/environmental-impact-assessment
• https://assets.publishing.service.gov.uk/media/5a7c406eed915d7d70d1d981/geho0411btrf-e-e.pdf

Legilsation:

https://www.legislation.gov.uk/uksi/2017/571/contents

Development Schedules: 

• https://www.legislation.gov.uk/uksi/2017/571/schedule/1/made
• https://www.legislation.gov.uk/uksi/2017/571/schedule/2/made

Thank you for listening! Please follow me on Instagram @part3withme for weekly content and updates or contact me via email me at part3withme@outlook.com or on LinkedIn. 

Join me next week for more Part3 With Me time.

If you liked this episode please give it a rating to help reach more fellow Part3er's!

Transcript

Episode 154:

Hello and Welcome to the Part3 with me podcast. 

The show that helps part 3 students jump-start into their careers as qualified architects and also provides refresher episodes for practising architects. I am your host Maria Skoutari and this week we will be talking about Environmental Impact Assessments.Todays episode meets PC3 of the Part 3 Criteria.

What is an Environmental Impact Assessment and what is its purpose:

An Environmental Impact Assessment is a process to be undertaken when it is considered that a development proposal may have a significant environmental impact. 

It’s 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. The regulations set out a procedure for identifying those projects which should be subject to an Environmental Impact Assessment, and for assessing, consulting and coming to a decision on those projects which are likely to have significant environmental effects.

The aim of Environmental Impact Assessment is also to ensure that the public are given early and effective opportunities to participate in the decision making procedures.

Environmental Impact Assessments should not be viewed as a barrier to growth and only applies to a small portion of projects considered within the town and country planning regime, although in the last few years Environmental Impact Assessments seem to be more commonly requested. Local planning authorities have a general responsibility to consider the environmental implications of developments which are subject to planning control. The 2017 Regulations integrate Environmental Impact Assessment procedures into this framework and should only apply to those projects which are likely to have significant effects on the environment. Local planning authorities and developers should carefully consider if a project should be subject to an Environmental Impact Assessment. If required, they should limit the scope of assessment to those aspects of the environment that are likely to be significantly affected. Pre-application engagement can typically identify when a proposal would be subject to an environmental impact assessment. 

Now, in terms of how the Environmental Impact Assessment fits in with Planning Legislation:

The process of Environmental Impact Assessment in the context of town and country planning in England is governed by the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. The regulations only apply to certain types of development, they can even apply to ‘permitted development’.

The key benefits of Environmental Impact Assessments is that:

• They ensure environmental factors are given due weight in planning decisions
• They allow for the identification and mitigation of potential negative environmental impacts
• They provide opportunities for public participation in the decision-making process
• They help in selecting the most environmentally favourable or acceptable option for development

So what is the process involved in putting together and submitting an Environmental Impact Assessment:

There are 5 stages to the Environmental Impact Assessment process:

• Screening
• Scoping
• Preparing an Environmental Statement
• Making a planning application and consultation
• Decision making 

Under the first step, Screening, the proposal is assessed and determined whether it falls within the remit of the Regulations and whether its likely to have a significant effect on the environment and therefore requiring an assessment. It should normally take place at an early stage in the design of the project. However, it can also occur after a planning application has been made or even after an appeal has been made. 

Developments tend to fall under either of two schedules in determining whether they will required an Environmental Impact Assessment. These are known as Schedule 1 or 2 developments.

Schedule 1 developments require an Environmental Impact Assessment in every case. Such developments consist of: 

• Crude‑oil refineries, 
• thermal power stations and other combustion installations, 
• nuclear power stations and other nuclear reactors, 
• installations for the reprocessing of irradiated nuclear fuel
• Integrated works for the initial smelting of cast‑iron and steel
• Installations for the extraction of asbestos and for the processing and transformation of asbestos and products containing asbestos
• Integrated chemical installations
• Construction of lines for long‑distance railway traffic and of airports 
• Inland waterways and ports for inland‑waterway traffic 
• Waste disposal installations for the incineration, chemical treatment 
• Groundwater abstraction or artificial groundwater recharge schemes 
• Works for the transfer of water resources
• Waste water treatment plants 
• Extraction of petroleum and natural gas for commercial purposes
• Dams and other installations designed for the holding back or permanent storage of water
• Pipelines with a diameter of more than 800 millimetres and a length of more than 40 kilometres for the transport of gas, oil or chemicals or carbon dioxide streams for the purposes of geological storage, including associated booster stations.
• Installations for the intensive rearing of poultry or pigs
• Industrial plants 
• Quarries and open‑cast mining 
• Construction of overhead electrical power lines 
• Installations for storage of petroleum, petrochemical or chemical products 
• Storage sites of carbon dioxide
• Installations for the capture of carbon dioxide streams for the purposes of geological storage
• Any change to or extension of development listed in Schedule 1

Now in terms of Schedule 2 developments, the local planning authority should consider whether it is likely to have significant effects on the environment. Such developments consist of:

• Agricultural and aquaculture projects
• Extractive industry projects
• Energy industry projects 
• Production and processing of metals
• Mineral industry projects
• Chemical industry projects
• Food industry projects 
• Textile, leather, wood and paper industry projects
• Rubber industry projects 
• Infrastructure projects 
• Tourism and leisure projects 
• Changes and extensions 

I would suggest referring to the links in episode notes for better overview of the Schedule 1 and 2 project types. 

Now, if a proposed project is listed in the first column in Schedule 2 of the 2017 Regulations and exceeds the relevant thresholds or criteria set out in the second column, the proposal will need to be screened by the local planning authority to determine whether significant effects on the environment are likely and if an Environmental Impact Assessment is required. Projects listed in Schedule 2 which are located in, or partly in, a sensitive area also need to be screened, even if they are below the thresholds or do not meet the criteria. Projects which are described in the first column of Schedule 2 but which do not exceed the relevant thresholds, or meet the criteria in the second column of the Schedule, or are not at least partly in a sensitive area, are not Schedule 2 development.

Circling back to the 5 stages to the Environmental Impact Assessment process, moving on to stage 2, Scoping:

Under this stage, the extent of issues to be considered in the assessment is determined and reported in the Environmental Statement. This stage should be carried out at a stage when alternatives are still being considered and mitigation measures can be incorporated into project designs. At this stage, the objective should be to ensure that no realistic alternative has been overlooked and that the chosen site and project option is environmentally defensible. This process enables the project to be designed to avoid or minimise negative environmental impacts and provides the opportunity to incorporate positive environmental enhancements into the project. It is important that the EIA is undertaken by people with appropriate skills – usually environmental consultants carry out this work on behalf of developers.

When considering the aspects of the environment likely to be significantly affected by a development, it is recommended that a risk assessment approach be adopted. For an impact to occur it must affect the source, such as the location of a material being harmful, the pathway, which is the route to the recipient and the recipient. Once possible impacts have been identified, care should be taken to decide which of these might be significant enough to warrant further study during the EIA.

The applicant can ask the local planning authority for its opinion on what information needs to be included in the Environmental Statement. Early consultation with all interested parties, including the Environment Agency, is an essential part of scoping.

Then under the third stage to the Environmental Impact Assessment process, which covers preparing an Environmental Statement:

At this stage, it would have been determined that an assessment is required and the applicant must prepare and submit an Environmental Statement. The Environmental Statement must include at least the information reasonably required to assess the likely significant environmental effects of the development listed in regulation 18(3) and comply with regulation 18(4). This typically includes:

• A description of the proposed development and its use
• An estimate of likely residues and emissions
• An assessment of compliance with planning policy
• An evaluation of environmental opportunities and constraints
• An analysis of alternatives
• An assessment of likely environmental impacts

To help the applicant, public authorities must make available any relevant environmental information in their possession. To ensure the completeness and quality of the Environmental Statement, the developer must ensure that it is prepared by competent experts. The Environmental Statement must be accompanied by a statement from the developer outlining the relevant expertise or qualifications of such experts.

Then at the fourth stage to the Environmental Impact Assessment process, the planning application is made and consultation process commences:

At this stage, the Environmental Statement, and the application for development to which it relates, must be publicised electronically and by public notice. The statutory ‘consultation bodies’, including the Environment Agency, and the public must be given an opportunity to give their views about the proposed development and the Environmental Statement and a copy should therefore be readily and freely available for the various parties to review. The Environmental Statement accompanies the documents typically submitted with a planning application. In addition, the applicant must also submit:

• one further copy of the Environmental Statement for onward transmission by the local planning authority to the Secretary of State;
• a note of the name of everybody to whom the applicant has already sent, or intends to send, a copy of the Environmental Statement and the date on which the Environmental Statement was so served, where relevant; and
• sufficient further copies of the Environmental Statement as are needed to allow the local planning authority to send one to each of the consultation bodies who have not received a copy directly from the applicant.

And lastly at the fifth stage to the Environmental Impact Assessment process, is the decision:

So, at this final stage, the Environmental Statement, together with any other information which is relevant to the decision, and any comments and representations made on it, must be taken into account by the local planning authority and/or the Secretary of State in deciding whether or not to grant consent for the development. The local planning authority should check that the submitted Environmental Statement contains all the information required. If they consider that further information is required, they must ask the applicant, in writing, to provide it. All information provided must be publicised, and consulted on.

The public must be informed of the decision and the main reasons for it both made available electronically and by public notice.

Now, there are specific arrangements for considering and determining planning applications that have been subject to an Environmental Impact Assessment. These arrangements include consideration of the adequacy of the information provided, consultation, reaching a reasoned conclusion on the significant environmental effects of the proposed development, publicity, and informing the consultation bodies and public of both the decision and the main reasons for it. The local planning authority must take into account the information in the Environmental Statement, the responses to consultation and any other relevant information when determining a planning application.

The 16 weeks time limit for determination of an Environmental Impact Assessment application continues to run while any correspondence about the adequacy of the information in an Environmental Statement is taking place. Where an Environmental Statement has not been submitted with a planning application but the applicant indicates that they propose to provide one, consideration of the application should be suspended until the Environmental Statement has been received.

To sum up what I discussed today:

• Purpose of Environmental Impact Assessment (EIA): The EIA ensures that potential environmental effects of a development project are assessed before granting planning permission, allowing decision-makers to consider environmental impacts and involve public participation in the process.
• Legal Framework and Applicability: The EIA process in England is governed by the Town and Country Planning (Environmental Impact Assessment) Regulations 2017. It applies to specific types of developments, categorised under Schedule 1 (always requiring an EIA) and Schedule 2 (requiring screening to determine if an EIA is necessary).
• The Environmental Impact Assessment Process is governed by five Key Stages: Screening: Determines if a project requires an EIA. Scoping: Identifies key environmental issues for assessment. Preparing an Environmental Statement: Documents potential environmental effects. Planning Application & Consultation: Public and statutory bodies review the findings. Decision-Making: Authorities evaluate the EIA findings before granting approval.
• The Key Benefits of the Environmental Impact Assessment is that it ensures environmental factors are considered in planning decisions. Identifies and mitigates potential negative environmental impacts. Provides opportunities for public participation and helps in selecting environmentally favourable development options.