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2017 Residential Seminar

What now for home building?The post Brexit world

May 2017

Successful Partners DELIVERING QUALITY

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30 March 2017

2017 Residential Seminar

Environmental Impact Assessment Post BrexitPeter IrelandSenior Director, RPSMay 2017

Successful Partners DELIVERING QUALITY

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2017 - 2019 Still part of the EU, therefore existing Regs remain in force Transposition of 2014 EIA Directive

Post 2019 EIA Directives have been transposed into UK Law Average time to transpose an EIA Directive into UK law is 3 years ‘Hard’ or ‘Soft’ Brexit? Soft Brexit – remain part of EEA (?) where majority of EU environmental

legislation applies, although the Birds and Habitats Directives do not Rather than Brexit, changes may depend on whether new Regs put a

break on development and/or cause LPAs difficulties Unlikely to be any changes before 2022

Brexit

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DCLG EIA Planning Practice Guidance 2014

“The aim of Environmental Impact Assessment 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 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”.

The role of EIA is defined in the revised regulations

Definition of EIA

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Regulation 4 (1) of draft TC&P (EIA) Regulations 2017The environmental impact assessment (“the EIA”) is a process consisting of:a) The preparation of an environmental statement by the person seeking

planning permission;b) any consultation, publication and notification required by, or by virtue of,

these Regulations or any other enactment in respect of EIA development; and

c) the steps required under Regulation 26.

Regulation 26 is concerned with the consideration of whether planning permission should be granted, having come to an up-to-date reasoned conclusion on the likely significant effects and whether monitoring is required.

Definition of EIA

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EU Directives2014/52/EU: an amendment to 2011/92/EU which itself consolidated the original directive (85/337/EEC) and subsequent amendments (97/11/EC, 2003/35/EC & 2009/31/EC)

Schedules – no Thresholds – no Procedures – yes

Screening Time limits Scoping Decision notices Assessment topics Penalties Mitigation Conflicts of interest Monitoring Transitional arrangements Competency Co-ordination

What is it, what is changing and when?

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UK Regulations 22 EIA Regulations requiring amending or replacing >80% within Planning related Regulations

England DCLG Consultation Draft T&CP (EIA) Regs 2017 Draft Infrastructure Planning (EIA) Regs 2017

Wales T&CP (EIA) (Wales) Regs 2016 T&CP (EIA) (Wales) (Amendment) Regs 2016 WG Consultation

2014/52/EU to be transposed into UK law by 16th May 2017

What is it, what is changing and when?

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Will the impact of the new Regulations be minor or major?

Question

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Headlines Standardised information when requesting a screening opinion / direction Take account of mitigation or avoidance measures Take account of other assessments, e.g. SEA Screening opinion within 3 weeks normally, but LPA can ask for 90 days (SoS remains at 3 weeks for a screening direction) Reasons for the conclusion to be provided

Current requirements for a screening request A plan Description of the development Any other such information the developer wishes to provide

Screening - 1

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Future requirements for a screening request A plan Description of the development

• Development proposal• Sensitivities of proposed location

Aspects of environment likely to be significantly affected Description of likely significant effects from a list of specifics Any other information the developer wishes to provide including mitigation

A mini EIA ?

Screening - 2

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Headlines Broader scope More comprehensive – more of a ‘mini EIA’ than now Proportionate

Future requirements for scoping Population and human health Biodiversity, with particular attention to species and habitats protected

under Directive 92/43/EEC and Directive 2009/147/EC (on flora and fauna) Land (e.g. land take) Soil (e.g. organic matter, erosion, compaction, sealing) Water (e.g. hydromorphological changes, quantity and quality)

Scoping - 1

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Future requirements for scoping Air Climate: (e.g. greenhouse gas emissions, impacts relevant to adaptation,

vulnerability of the project to climate change) Material assets Cultural heritage (including architectural and archaeological aspects) Landscape Major accidents and / or disasters

Based on Schedule 4 (Part 1) of T&CP (EIA) Regs 2011 and Regulation 4 and Schedule 4 of draft T&CP (EIA) Regs 2017

Scoping - 2

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Linking the Environmental Statement to ScopingAn Environmental Statement must “where a scoping opinion or direction has been issued in accordance with Regulation 15” (scoping opinion of the LPA) “or 16” (scoping direction by SoS), “be based on the most recent scoping opinion or direction issued (so far as the proposed development remains materially the same as the proposed development which was subject to that opinion or direction);”Regulation 18 (3) (c) of draft T&CP (EIA) Regs 2017

Scoping - 3

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Headlines Thinking about mitigation early in the project development Mitigation should be embedded in the project design(s) from an early a

stage as possible if to be taken into account in screening Mitigation should be tracked from screening through the ES and on to

implementation to ensure that it is fulfilling its role in avoiding or reducing significant effects

Mitigation could be subject to monitoring and enforcement action if not securing compliance with the requirements and objectives of the Directive

Mitigation needs to be shown to be effective

Mitigation

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Headlines The 2014 EIA Directive requires that the decision to grant development

consent should include, where appropriate, monitoring measures. The 2014 EIA Directive requires what is monitored and the duration of the

monitoring to be proportionate to the nature, location and size of the project and the significance of its effects on the environment.

Existing monitoring arrangement may be used if appropriate.

Monitoring

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Existing From May 2017 Screening Mitigation, reasons, tracking Scoping New topics, ES ‘based on’ scoping opinion Read ES Examine ES & come to own reasoned conclusions No expertise Sufficient expertise to examine ES Decision Reasoned conclusions, mitigation and monitoring Existing Regs Transitional arrangements for a few years at least

Consultation period increased from 14 days to 30 days Decision notices: including reasoned conclusions, conditions, mitigation

measures, monitoring measures or reasons for refusal. Need to inform the SoS, consultation bodies and the public

Enforcement – duty to secure compliance with requirements and objectives of the Directive.

Local Authorities

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Screening Screening request prior to 16 May 2017, existing regs apply to screening Screened on / after 16 May new Regulation for screening

The Rest of the EIA Amendments Scoping request / ES submission pre-16 May, existing Regs Scoping request / ES submission on / after 16 May, new Regs

Transitional Arrangements

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Screening Requesting screening direction from the Secretary of State Judicial review of screening opinion; timing of challenge

Scoping challenges

Enforcement

Grounds for Legal Challenge

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Brexit Unlikely to have any effect until at least 2022

Transposition of 2014 EIA Directive Is happening More design, including mitigation, detail earlier Mini EIA at screening ES based on scoping Broader and more comprehensive assessments Monitoring – post consent implications / costs Effective mitigation Greater burden on LPAs ? Greater JR opportunities ? Devil in the detail of the Regulations ?

In Conclusion

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Volume 10 (Environmental Design) To be reissued in September 2017

Volume 11 (Environmental Impact Assessment) April/May 2017 Introductory chapters May/June 2017 Population and Human Health; Climate;

Materials and Waste: Habitats Regulations Assessment

June 2017 Road Drainage and the Water Environment

October 2017 Landscape and Visual November 2017 Cultural Heritage; Land Use, Geology &

Soils April 2018: Air Quality; Ecology & Nature

Conservation; Noise & Vibration

DMRB

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Any Questions?

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Thank you for your time