Environmental Impact Assessment: Key Changes for the ......Peter Brett Associates LLP Summary • Legal Requirements • When Required • Key Risks to Address • Forthcoming Changes

Peter Brett Associates LLP

Environmental Impact Assessment:Key Changes for the Construction Industry

Stefan Boss


Environmental Impact Assessment


Summary

• Legal Requirements• When Required• Key Risks to Address• Forthcoming Changes• Brexit


Legal Requirement for EIAVaries by country and sector: • The Town and Country Planning (Environmental Impact

Assessment) (Amendment) Regulations 2015

• The Highways (Environmental Impact Assessment) Regulations 2007

• The Infrastructure Planning (Environmental Impact Assessment) Regulations 2009

• The Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations


When is EIA Required?Schedule 1 (EIA mandatory)• Major: power stations, quarries, roads, pipelines, waste facilities,

chemical plants etc. – thresholds provided for each

Schedule 2 (EIA required on case-by-case basis)• e.g. Urban & land development projects, industrial plants, mineral

extractions, transport schemes• Criteria over which projects need to be screened• Requirement for EIA based on:

• Nature of site & surrounding area (e.g. SSSI, listed buildings)• Characteristics of the development• Likely environmental effects


Proportionate


Screening


Alternatives


Alternatives

An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for the choice made, taking into account the environmental effects.


Alternatives

An outline of the main alternatives studied by the applicant or appellant and an indication of the main reasons for the choice made, taking into account the environmental effects.


Cumulative Effects


Consultation


Path of Least Resistance


New EIA Regulations

• May 2017

• Consultation

• Transitory Arrangements


What Won’t Change

• Separate Regulations for sectors/countries

• No change to projects requiring EIA

• Fundamentals of the process/reporting

• Scoping optional


Project Example – Brentford High Street and Waterside


Project Example – Brentford High Street and Waterside

Listed Buildings

Noise from 24hr Boat

Yard

Views from Syon Park & Kew Gardens

UnprotectedFunctional Floodplain

Bat Roosts & Commuting Corridors

Likely Archaeology Rich Industrial History:

Contamination

Town Centre High Street

Intertidal Mud: Invertebrates


Screening


EIA Report


Climate Change


Human Health


Waste and Resources


Other topics


Competent Person


Monitoring


Key Points

• Projects screened/submitted after May 2017

• More onerous screening process• Screening timescales could affect project

planning• Additional EIA inputs required• Competent person• Consider implications of monitoring


Brexit


Discussion

Documents

Environmental Impact Assessment: Key Changes for the ......Peter Brett Associates LLP Summary • Legal Requirements • When Required • Key Risks to Address • Forthcoming Changes