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Environmental Impact Assessment UpdateJames Alflatt – Associate, Planning Division
Email: [email protected] DD: 01603 229345
Introduction: EIA – a time for change
Revised EIA DirectiveNPPG & EIARaising Screening ThresholdsImplications for Practice & IndustryFuture Direction of EIA in the UK
Revised EIA Directive
Directive 2014/52/EUpublished 25 April 2014
Came into force on 16 May
3 Year Transposition Period
Transitional arrangementsin place
EIA Directive – Key Changes
Requirement for ‘CompetentExperts’ to prepare EIA
More stringent screeningrequirements
More focus on post consentmonitoring
LPAs to make own reasonedconclusions
EIA Directive – Key Changes
New environmental topics introduced:Human healthLandBiodiversity
Infringements may result in “effective, proportionate anddissuasive penalties”
EIA & NPPG – Is it worth the wait?
Launched 6 March by DCLGEIA is one of 41 topics coveredNew guidance replaces:
Circular 02/99DETR 'EIA: A Guide to Procedures' from 2000
EIA Guidance largely unchanged from Circular 02/99Picks up the changes brought about by 2011Regulations, including:
Multi-stage consents;Requirement to give reasons for negative screening decisions; andChanges or extensions to existing development;
EIA & NPPG - Implications
More straightforward and usable format?Alignment with 2011 Regs provides more clarityProvides less detail on certain matters e.g. ScreeningSchedule 2 projectsMore scope for local interpretation raising uncertaintyGuidance likely to be short lived
Raising EIA Screening Thresholds
Autumn Statement 2012
Technical Consultation on Planning (July 2014)Govt approach to reducing unnecessary burden & costDeregulation Vs Directive requirementsFocus on industrial estate and urban developmentReduction in number of screenings per year (1600-300)
Raising EIA Screening Thresholds
Changes Proposed:No changes to projects located in sensitive areas
Industrial Estate Development (Para 10a of Schedule 2)Current screening threshold – 0.5haProposed screening threshold – 5ha
Urban Development Projects (Para 10b of Schedule 2)Current screening threshold – 0.5haProposed screening threshold – 5ha
Implications for Practice & Industry
ScreeningMore rigorousMinimum requirementsOption to incorporate design &mitigation measures tominimise adverse impacts
ScopingLargely unchangedVoluntary processWhere Scoping Opinion isadopted, there is a requirementto fulfil scope in any EIA Report
Implications for Practice & Industry
Production of EIAEIA to be prepared by ‘competent experts’Provide more information on operational phase impactsEnhanced consideration of alternativesMore co-ordination with other Directive requirements
Post Consent MonitoringImplementation of mitigation measuresEffectiveness of mitigation measures
PenalitiesMember States to lay down rules on penaltiesPenalties for infringement of national EIA provisionsPenalties to be ‘effective, proportionate and dissuasive’
Implications for Practice & Industry
Proportionate EIA
Effective ScopingShould not be afraid to scope out topics
Integrated design & EIAEmbeds the EIA specialist within the design team
Role of EIA CoordinatorCrucial/central role embedded in design/project teamEarly appointmentDemand for competent practitioners
Future for EIA in the UK
Devil will be in the Detail
Revised Directive vs UK Regs
Competent Experts vs SufficientLPA expertise
EIA & Legal Challenge
New EIA Regs by 16 May 2017
New EIA Guidance?
Proportionate Approach to EIA
Thank You – Any Questions
James AlflattAssociateIEMA Registered EIA Practitionert: 01603 229345e: [email protected]
www.bidwells.co.uk/eia
