Environmental Assessment of Development Plans: Interim Planning Advice
Introduction
1. The environmental assessment of development plans is often referred to as "strategic environmental appraisal" (or assessment). It is a process for identifying and assessing the environmental effects of a development plan so that they may be taken into account before the plan is approved or adopted. It involves examining a plan's objectives, policies and proposals in relation to broader environmental aims, identifying their likely consequences and, through an iterative process of assessment and adjustment, preventing or reducing the likely significant effects of the plan on the environment.
2. Directive 2001/42/EC of the European Parliament and Council, "on the assessment of the effects of certain plans and programmes on the environment", is often referred to as the "Strategic Environmental Assessment (SEA) Directive", although that is not its title. It must be transposed into Scottish law by July 2004. All new and replacement structure and local plans, including subject local plans, and any other types of land use and development plan introduced as a result of the review of strategic planning, started after 21st July 2004 must be subject to an assessment of their likely significant effects on the environment. However, the Directive also requires that any plans started before July 2004 but not adopted until after 21st July 2006, must also be subject to assessment. The requirement will also apply to alterations of development plans. The only exceptions may be for plans for small areas at local level and minor alterations that could not have any significant effects on the environment, or local plan alterations where all the significant environmental effects have already been subject to assessment in the structure plan.
3. This Interim Advice Note is in two parts.
Part 1 provides an overview and:
- explains the origins of environmental assessment;
- describes the benefits of assessment;
- outlines the environmental policy context;
- introduces the main requirements of the Directive;
- addresses the main issues to be considered in approaching the assessment process;
Part 2 describes how to undertake an assessment and:
- outlines the key stages in the assessment process,
- sets them within the development plan process; and
- provides detailed advice on each stage drawing on case studies and examples of assessments already carried out.
4. Furthermore, this advice is concerned with environmental assessment in structure and local plans as required by the Directive. However, several planning authorities in Scotland have already extended the assessment process to include a full "Sustainability Appraisal" i.e. assessing the likely significant economic and social effects of the plan as well as its environmental effects. Advice on this extended process of assessment is contained in Appendix I.
5. The advice has been prepared in advance of the legislation which will transpose the Directive into Scottish law. Consequently it has made some assumptions about the interpretation of the Directive that may differ from those included in the Regulations.
6. Environmental assessment is a process, not a product. It will be most effective when it is part of plan preparation from the beginning and integral to every stage in the cycle of plan preparation, implementation, monitoring and review. As an ongoing process, the method should therefore be suited to the skills and knowledge of planning staff, although other specific experts will be involved.
7. It will, therefore, be necessary for all planning authorities embarking on the preparation of a new or replacement plan, or a significant revision not already assessed, to allocate sufficient resources to ensure the environmental assessment is completed in accordance with the Directive. When considering the Notice of Intention to Prepare a development plan, key decisions in resource allocation will include:
- the method by which the assessment will be carried out;
- who will carry it out;
- the programme; and
- who will be consulted.
8. The advice presents the key steps likely to be common to all assessments, whatever method is selected. David Tyldesley and Associates have utilised their experience of development plan assessment and developed a technique that integrates the requirements of the Directive with the development plan making procedures in Scotland. Case studies and examples are used throughout to illustrate the process. The Bibliography also includes references to alternative approaches and background reading. Some planning authorities may see advantages in elaborating some aspects of the method used here, using a more sophisticated technique, or extending the assessment to include a full sustainability appraisal as indicated in Appendix I and as used in a number of the case studies. These are matters for planning authorities to decide.