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The Essex Guide to Environmental Impact Assessment

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The Essex Guide to Environmental Impact Assessment The Essex Guide to Environmental Impact Assessment THE ESSEX GUIDE TO ENVIRONMENTAL IMPACT ASSESSMENT First Published September 1992 Fully Revised 1999 Updated April 2000 Updated June 2001 Updated October 2002 Updated December 2003 Updated Spring 2005 This Edition Spring 2007 PRODUCED FOR THE ESSEX DEVELOPMENT CONTROL FORUM and THE ESSEX PLANNING OFFICERS’ ASSOCIATION By Peter Hakes Chartered Town Planner and Environmental Consultant With a Foreword by Professor Chris Wood, Previously Convenor of the RTPI Environmental Planning and Protection Panel ISBN 185281 195 1 i ii CONTENTS FOREWORD xi INTRODUCTION 1 PART 1, WHAT IS ENVIRONMENTAL IMPACT ASSESSMENT? 3 Environmental Impact Assessment (EIA) 3 4 Basic Stages 3 The Environmental Statement (ES) 3 Glossary of Terms 4 FIGURE 1 – THE EIA PROCESS – A SIMPLE DIAGRAM 5 Appraisal of the Planning Application 6 Legal Context 6 Projects requiring planning permission 6 Other Projects 6 FIGURE 2 – PROJECTS NOT REQUIRING PLANNING PERMISSION 7 Crown Development 8 Official Guidance 8 Special Cases 9 Key Points/Good Practice 9 PART 2, HOW TO USE THIS GUIDE: EIA AT A GLANCE 11 Advantages of Environmental Impact Assessment 12 Key Point 12 PART 3, WHEN IS ENVIRONMENTAL IMPACT ASSESSMENT REQUIRED? 13 FIGURE 3 – THE SCREENING PROCESS – THE FIVE STEPS 14 When can the Need for EIA be Established? 15 Which is the Appropriate Planning Authority? 15 FIGURE 4 – MAP OF PLANNING AUTHORITIES IN ESSEX 18 PLANNING AUTHORITIES IN ESSEX: ADDRESSES ETC. 19 PART 4, SCHEDULE 1 OF THE REGULATIONS GREEN PAGES 21 Mandatory Environmental Impact Assessment – Schedule 1 Projects 21 SCHEDULE 1 PROJECTS 21-24 PART 5, SCHEDULES 2 & 3 OF THE REGULATIONS/ SIGNIFICANT ENVIRONMENTAL EFFECTS 25 EIA required if Significant Effects are likely – Schedule 2 - Screening 25 Indicative Criteria and Thresholds 26 Significant Environmental Effects 26 SCHEDULE 2 PROJECTS – CRITERIA/THRESHOLDS BLUE PAGES 27-41 SCHEDULE 3: SELECTION CRITERIA YELLOW PAGE 43 Three Main Types of Schedule 2 Projects Likely to Require EIA 45 Development in Environmentally Sensitive Locations 45 SENSITIVE LOCATIONS AND USEFUL CONTACTS 46 iii CONTENTS PAGE OTHER POSSIBLE SENSITIVE LOCATIONS 47 Applying the Guidance to Particular Proposals 48 Suggested Methodology for Deciding Whether Environmental Effects are 49-50 Significant PART 6, PROCEDURES PRIOR TO MAKING A PLANNING 51 APPLICATION - SCREENING Is Planning Permission required? 51 Is EIA required? – The Screening Process 51 Early Consultation 51 Advantages of Early Consultation and Planning Policy Context 52 Box The Development Plan 52 Defining the Scope of the EIA 53 Request for a Screening Opinion on whether EIA is required – the Formal 54 Approach Request to Secretary of State for a Screening Direction 56 Effect of a Screening Opinion or Direction 57 Secretary of State’s General Powers to make Screening Directions 58 Key Points/Good Practice 59 CHART 1 APPLICATION FOR A SCREENING OPINION 60 CHART 2 APPLICATION FOR A SCREENING DIRECTION 61 PART 7, APPLICATION NOT ACCOMPANIED BY AN ES - SCREENING 63 Receipt of an Application without an ES 63 Key Points 66 CHART 3 APPLICATION WITHOUT AN ES 68 CHART 4 APPLICATION FOR A SCREENING DIRECTION 69 FOLLOWING APPLICATION WITHOUT AN ES PART 8, THE EIA PROCESS LEADING TO THE ENVIRONMENTAL 71 STATEMENT Notification To Planning Authority 71 The EIA Process 71 • Screening 71 • Design Process 71 FIGURE 5 – THE EIA PROCESS – A MORE COMPLICATED DIAGRAM! 72 • Information on the Project 73 • Scoping 73 • Public Involvement 74 • Scoping Procedures 75 • Consultation 75 • FORMAL SCOPING PROCEDURE 75 • Scoping Opinions 76 • Scoping Directions 77 iv CONTENTS PAGE • Alternatives 78 • A Scoping Methodology 78 • Stage by Stage Scoping Methodology 79 • Baseline Studies 80 • Policies and Plans 80 • The Policy Framework 81 • Impact Predictions 82 • Evaluation of Significance of Impacts 84 • Mitigating Measures and their Effectiveness 85 • Monitoring Residual Impacts and Mitigating Measures 86 • Preparation of ES 86 Key points/Good Practice 87 PART 9, PREPARATION OF ENVIRONMENTAL STATEMENT 89 Purpose of the ES 89 When should the ES be prepared? 89 The ES and Pollution Control Consents 90 The ES and Other Consents 90 Outline Planning Applications 91 When will the ES be completed? 92 Content of an ES 92 SCHEDULE 4 OF THE REGULATIONS PINK PAGE 93 Comments on Schedule 4 95 Format for the ES 95 A. Non-Technical Summary 95 B. Method Statement 96 C. Key Issues (conclusions of scoping exercise) 96 D. Description of the Project, the Site and Surroundings 96 Stages Of The Project 98 E. Plans and Policy Context 99 F. Assessment of Environmental Effects by Topic 99 • Potential Impacts 99 • Existing Baseline Conditions 99 • Predicted Impacts 100 • Evaluation of Significance of Impacts 100 • Scope for Mitigation 101 • Significance of Residual Impacts and Monitoring 101 G. Inter-relationships/Conclusions 101 H. Appendices 102 FIGURE 6 – A TYPICAL SUMMARY TABLE OF IMPACTS 103 Typical Environmental Topics 104 v CONTENTS PAGE Presentation of ES – Good Practice 105 Key Points/Good Practice 106 PART 10, DEALING WITH PLANNING APPLICATION AND ES 107 FIGURE 7 - THE NORMAL PLANNING PROCESS 107 FIGURE 8 - THE PLANNING PROCESS AND ENVIRONMENTAL 108 IMPACT ASSESSMENT Validation of Application and Supporting Information 109 ES Submitted ‘Voluntarily’ by Applicant 109 Publicity for ES related to a Planning Application Already Submitted 109 Submission of ES 111 Copies of ES for Consultees etc. 111 Publicity 112 What the Notices should include 112 Consultation Procedure 113 Consultation Bodies 113 Other Statutory Consultees 117 Other Consultations 118 Reviewing the ES 121 Further and Any Other Information and Publicity 121 Determining the Planning Application 123 Planning Conditions 124 Planning Obligations 125 The Planning Decision 126 Appeals 127 Further and Any Other Information for an EIA related Appeal 127 Appeal Decision 128 Costs 129 Departure Planning Applications 129 Other Notification Requirements 130 Called-In Applications 130 Further and Any Other Information for an EIA related Called-In 131 Application Decision on Called-In Application 132 Implementation and Monitoring of Environmental Impacts 132 CHART 5 DEALING WITH ES WHEN APPLICATION PREVIOUSLY 134 SUBMITTED CHART 6 DEALING WITH ES AND PLANNING APPLICATION 135 Key Points/Good Practice 136 vi CONTENTS PAGE PART 11, CALLED-IN APPLICATIONS AND APPEALS WITHOUT ESs PROCEDURE WHEN ES IS RECEIVED 137 Called-in Applications not accompanied by an ES 137 ES Submitted for an existing Called-in Application 138 Consultations on an ES submitted on an existing Called-in Application 138 Planning Appeals not accompanied by an ES 139 ES Submitted for an existing Appeal 140 Consultations on an ES submitted on an existing Appeal 140 PART 12, OLD MINERALS PERMISSIONS 143 Review of Old Minerals Permissions (ROMPs): Procedures 143 Screening of ROMP Applications 143 Appeals on Non-Determination of ROMP Applications, Accompanied 143 by an ES ROMP EIA Applications: Time Periods and Suspension of Development 144 Local Planning Authorities’ Own ROMP Applications 144 PART 13, EIA AND PERMITTED DEVELOPMENT: GENERAL 145 PERMITTED DEVELOPMENT ORDER AND LOCAL DEVELOPMENT ORDERS Permitted Development 145 Permitted Development and the General Permitted Development Order 145 Exclusions from the provisions 146 Permitted Development and Local Development Orders 146 Restriction of Grant of Planning Permission by LDO 147 Screening Procedure 147 Preparation of Environmental Statement and Scoping Procedure 148 Procedure when Environmental Statement is submitted: Publicity Etc. 149 Further Information for an Environmental Statement: Publicity Etc. 150 Decision on the EIA related LDO 151 FIGURE 9 – DIAGRAM SHOWING RELATIONSHIP BETWEEN LDO AND 152 EIA PROCEDURES PART 14, EIA AND ENFORCEMENT APPEALS 153 Enforcement of Planning Control 153 Determining whether EIA is needed (Screening) 153 Screening Directions by the Secretary of State 154 Enforcement Appeal without a Screening Opinion or Direction 155 Enforcement Appeal not accompanied by an ES 155 vii CONTENTS PAGE Combined Planning and Enforcement Appeals 156 When the Secretary of State receives an ES 156 Publicity for ES 156 Further and Any Other Information and Evidence 157 Decision of the Secretary of State 157 PART 15, EIA AND LOCAL AUTHORITIES’ OWN DEVELOPMENT 159 Submission of ES 160 Dealing with an Application to which an ES relates 160 EIA and Local Authority Permitted Development 161 PART 16, EIA AND SIMPLIFIED PLANNING AND ENTERPRISE ZONES 163 PART 17, ENVIRONMENTAL EFFECTS ACROSS NATIONAL BORDERS 165 PART 18, FAILURE TO COMPLY WITH THE EIA REGULATIONS 167 The possibility of legal proceedings 167 Domestic Challenges 167 Complaints to the European Commission 167 Avoiding Legal Challenge 168 PART 19, CONCLUSIONS 169 The Benefits of the EIA Process APPENDIX A – TYPICAL ENVIRONMENTAL TOPICS – CREAM PAGES A1 TOPIC 1 – EFFECTS ON POPULATION FROM A2 SOCIO-ECONOMIC CHANGES TOPIC 2 – EFFECTS ON POPULATION A4 FROM NOISE AND VIBRATION TOPIC 3 – EFFECTS ON POPULATION FROM TRAFFIC A7 TOPIC 4 – EFFECTS ON POPULATION FROM MAJOR A9 HAZARDOUS INCIDENTS TOPIC 5 – EFFECTS ON FAUNA AND FLORA A11 FIGURE 10 – SUITABLE TIMES FOR SURVEYS - GENERALLY A14 FIGURE 11 – SUITABLE TIMES FOR SURVEYS – RARE SPECIES A15 ETC. TOPIC 6 – EFFECTS ON LAND – GEOLOGY AND SOIL A17 TOPIC 7 – EFFECTS ON LAND – MAJOR LAND USES - A21 AGRICULTURE A21 FORESTRY A22 RECREATION & LEISURE A23 viii CONTENTS PAGE TOPIC 8 – EFFECTS ON WATER A24 TOPIC 9 – EFFECTS ON AIR AND CLIMATE A28
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