Appendix A: Regulatory Requirements
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SA Report to accompany Pre-Submission consultation: Appendices Appendix A: Regulatory requirements As discussed in Chapter 1 above, Schedule 2 of the Environmental Assessment of Plans Regulations 2004 explains the information that must be contained in the SA Report; however, interpretation of Schedule 2 is not straightforward. Table A1 links the structure of this report to an interpretation of Schedule 2 requirements, whilst Table A2 explains this interpretation. Table A1: Questions answered by the SA Report, in accordance with an interpretation of regulatory requirements Questions answered As per the regulations…the SA Report must include… An outline of the contents, main objectives of the plan What’s the plan seeking to achieve? and relationship with other relevant plans and programmes Relevant environmental protection objectives, What’s the sustainability established at international or national level ‘context’? Any existing environmental problems which are relevant to the plan including those relating to any areas of a particular environmental importance Relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan What’s the SA What’s the sustainability Introduction The environmental characteristics of areas likely to be scope? ‘baseline’? significantly affected Any existing environmental problems which are relevant to the plan including those relating to any areas of a particular environmental importance What are the key issues Key environmental problems / issues and objectives and objectives that that should be a focus of (i.e. provide a ‘framework’ should be a focus? for) assessment Outline reasons for selecting the alternatives dealt with (and thus an explanation of the ‘reasonableness’ of the approach) The likely significant effects associated with What has plan-making / SA involved up to this Part 1 alternatives point? Outline reasons for selecting the preferred approach in-light of alternatives assessment / a description of how environmental objectives and considerations are reflected in the Draft Plan The likely significant effects associated with the Draft Plan Part 2 What are the SA findings at this current stage? The measures envisaged to prevent, reduce and offset any significant adverse effects of implementing the Draft Plan Part 3 What happens next? A description of the monitoring measures envisaged Table A2: Questions answered by the SA Report, in accordance with regulatory requirements A1 SA Report to accompany Pre-Submission consultation: Appendices A2 SA Report to accompany Pre-Submission consultation: Appendices Whilst Tables A1 and A2 signpost broadly how/where this report presents the information required of the SA Report by the Regulations, as a supplement it is also helpful to present a discussion of more precisely how/where regulatory requirements are met - see Table A3. Table A3: ‘Checklist’ of how (throughout the SA process) and where (within this report) regulatory requirements have been, are and will be met. Regulatory requirement Discussion of how requirement is met Schedule 2 of the regulations lists the information to be provided within the SA Report 1. An outline of the contents, main objectives of the Chapter 1 of the SA Report presents this information. plan or programme, and relationship with other relevant plans and programmes; 2. The relevant aspects of the current state of the These matters were considered in detail at the environment and the likely evolution thereof scoping stage, which included consultation on a without implementation of the plan or Scoping Report. programme; The outcome of scoping was an ‘SA framework’, and 3. The environmental characteristics of areas likely this is presented within section 1.8 in a slightly to be significantly affected; updated form. The SA objectives were revised in 2015 to take account of updates to the scoping 4. Any existing environmental problems which are information and key issues presented within the SA relevant to the plan or programme including, in Report published alongside the Preferred Options in particular, those relating to any areas of a 2015. particular environmental importance, such as areas designated pursuant to Directives More detailed messages from the Scoping Report - 79/409/EEC and 92/43/EEC.; i.e. messages established through context and baseline review - are presented within Appendix B. 5. The environmental protection, objectives, The Scoping Report presents a detailed context established at international, Community or review, and explains how key messages from the national level, which are relevant to the plan or context review (and baseline review) were then programme and the way those objectives and refined in order to establish an ‘SA framework’. The any environmental, considerations have been context review is provided in Appendix II of this SA taken into account during its preparation; Report. The context review informed the development of the SA framework and topics, presented in section 1.8. Taken together, which provide a methodological ‘framework’ for appraisal. With regards to explaining “how… considerations have been taken into account” - Chapters 3 explains how reasonable alternatives were established in 2014/15 in-light of earlier consultation/SA. Chapter 3 sets out the summary findings of the appraisal of the reasonable alternatives, with the detailed appraisal provided in Appendix C. Chapter 3 explains the SDNPA’s ‘reasons for supporting the preferred approach’, i.e. explains how/why the preferred approach is justified in- light of alternatives appraisal (and other factors). Chapter 5 sets out the findings of the appraisal of the draft plan. 6. The likely significant effects on the environment, Chapter 3 sets out the summary findings of the including on issues such as biodiversity, appraisal of the reasonable alternatives (in population, human health, fauna, flora, soil, relation to the spatial strategy, which is the water, air, climatic factors, material assets, ‘stand-out’ plan issue and hence that which cultural heritage including architectural and should be the focus of alternatives appraisal/ archaeological heritage, landscape and the consultation), with the detailed appraisal interrelationship between the above factors. provided in Appendix IV. (Footnote: These effects should include Chapter 5 presents the draft plan appraisal. A3 SA Report to accompany Pre-Submission consultation: Appendices Regulatory requirement Discussion of how requirement is met secondary, cumulative, synergistic, short, As explained within the various methodology medium and long-term permanent and sections, as part of appraisal work, consideration has temporary, positive and negative effects); been given to the SA scope, and the need to consider the potential for various effect characteristics/dimensions. 7. The measures envisaged to prevent, reduce and The appraisal of reasonable alternatives presented in as fully as possible offset any significant adverse Chapter 3 and of the draft plan in Chapter 5 identifies effects on the environment of implementing the how the plan might potentially ‘go further’ in certain plan or programme; respects, and makes a number of specific recommendations. 8. An outline of the reasons for selecting the Chapters 3 deals with ‘Reasons for selecting the alternatives dealt with, and a description of how alternatives dealt with’, in that there is an explanation the assessment was undertaken including any of the reasons for focusing on particular issues and difficulties (such as technical deficiencies or lack options. of know-how) encountered in compiling the Also, Chapter 3 explains the SDNPA’s ‘reasons for required information; selecting the preferred option’ (in light of alternatives appraisal). Methodology is discussed at various places, ahead of presenting appraisal findings, and limitations/ assumptions are also discussed as part of appraisal narratives. 9. A non-technical summary of the information The NTS is provided in a separate document. provided under the above headings The SA Report must be published alongside the Draft Plan, in accordance with the following regulations authorities with environmental responsibility and the A SA Report was published alongside the Preferred public, shall be given an early and effective Options for consultation in September 2015. It set out opportunity within appropriate time frames to express the findings of the SA for the preferred approaches their opinion on the Draft Plan or programme and the and alternatives at that time. accompanying environmental report before the At the current time, this SA Report is published adoption of the plan or programme (Art. 6.1, 6.2) alongside the Pre-Submission consultation Local Plan, under Regulation 19, so that representations might be made ahead of submission. The SA Report must be taken into account, alongside consultation responses, when finalising the plan. The environmental report prepared pursuant to The SDNPA has taken into account the Preferred Article 5, the opinions expressed pursuant to Article Options SA Report (September 2015), alongside 6 and the results of any transboundary consultations consultation responses received, when finalising the entered into pursuant to Article 7 shall be taken into Submission Local Plan for publication. Appraisal account during the preparation of the plan or findings presented within this current SA Report will programme and before its adoption or submission to inform a decision on whether