SCOTTISH EXECUTIVE Development Department Planning Advice Note PAN 58 ENVIRONMENTAL IMPACT ASSESSMENT Planning Series SCOTTISH EXECUTIVE Development Department Planning Advice Note PAN 58 ENVIRONMENTAL IMPACT ASSESSMENT September 1999 © Crown Copyright 1999 ISSN 0141-514X ISBN 0 7480 89128 planning series: ● National Planning Policy Guidelines (NPPGs) provide statements of Scottish Executive policy on nationally important land use and other planning matters, supported where appropriate by a locational framework. ● Circulars, which also provide statements of Scottish Executive policy, contain guidance on policy implementation through legislative or procedural change. ● Planning Advice Notes (PANs) provide advice on good practice and other relevant information. Statements of Scottish Executive policy contained in NPPGs and Circulars may, so far as relevant, be material considerations to be taken into account in development plan preparation and development control. PAN 58 is issued to accompany SEDD Circular 15/99 “EIA (Scotland) Regulations 1999” which includes Scottish Executive policy on EIA and guidance on the Environmental Impact Assessment (Scotland) Regulations 1999 which implement EC Directive 85/337/EEC as amended by Directive 97/11/EC. On matters of law and procedure reference should be made to the Regulations and Circular which take precedence over the advice in this PAN. PAN 58 Environmental Impact Assessment 2 contents Paragraph introduction 1 legislative context 8 The European EIA Directive and The Scottish Regulations 8 Environmental Information and Normal Planning Powers 10 Other Environmental Legislation 13 record of EIA in Scotland 16 Background 16 Number and Types of EIA 17 Distribution of EIAs 21 EIA overview 24 Consultation and Public Involvement 26 Outline Applications 28 Project Initiation - Design with the Environment 32 Screening - Considering Whether EIA is Required 35 environmental studies 38 Scoping 40 Baseline Information 44 Predicting and Assessing Impacts 47 Mitigation 53 Schedule of Environmental Commitments 55 Monitoring 58 the environmental statement 62 Content of the Environmental Statement 64 Reporting on Alternatives 69 Presentation of the Environmental Statement 72 Checklist of Quality Indicators 80 evaluating the environmental statement and information 81 The Process of Evaluation 81 Reviewing the Environmental Statement 85 Requests for Further Information 91 The Planning Report and Decision 93 Management Issues 98 Development Plans 102 other EIA regimes 103 conclusions 106 bibliography glossary Annex 1 Schedule 1 of the Environmental Impact Assessment Regulations (Scotland) 1999 Annex 2 Schedule 2 of the Environmental Impact Assessment Regulations (Scotland) 1999 Annex 3 Main EIA References in NPPGs and PANs. Annex 4 Index of Environmental Statements Annex 5 Reviewing the Contents of an Environmental Statement 3 PAN 58 Environmental Impact Assessment PAN 58 Environmental Impact Assessment 4 introduction 1. Environmental Impact Assessment (EIA) is a process which identifies the environmental effects (both negative and positive) of development proposals. It aims to prevent, reduce and offset any adverse impacts. 2. Within the overall EIA process there are 2 main stages. In the first stage the applicant undertakes an assessment so that environmental issues can be taken into account during the design of the project. This involves consultations, data collection and environmental studies to identify the effects and propose mitigation measures to prevent, reduce and offset them. This is reported in an environmental statement (ES) which is submitted in conjunction with the planning application. The planning authority then undertakes the second main stage by critically evaluating the statement, seeking further information from the applicant if necessary and taking into account additional consultations and public representations. This is to ensure the planning authority has sufficient reliable information to understand the likely environmental effects and specify any mitigation measures before the planning application is determined. 3. The types of project for which an EIA has been undertaken are typically complex, with a wide range of environmental effects. They often occupy extensive sites and are in sensitive locations. They are likely to raise issues which are not always easy to resolve and which often attract contentious representations. For such projects EIA provides a systematic approach to obtaining and considering environmental information. 4. The statutory requirement for EIA applies to the types of projects described in Schedules 1 & 2 are the Environmental Impact Assessment (Scotland) Regulations 1999 (Schedules 1 reproduced at Annex 1 & 2 and 2). EIA is always required for a Schedule 1 project which by virtue of its nature or scale is always likely to have significant environmental effects. EIA is only required for a Schedule 2 project if it is judged likely to have significant environmental effects. For the overwhelming majority of development projects however, normal planning powers are perfectly adequate to gain environmental information and EIA is not required (see paragraphs 10-12). 5. This PAN provides information and advice on: ● the legislative background to EIA; ● EIAs in Scotland; ● the process of environmental impact assessment ; ● environmental studies and statements; ● the evaluation of environmental information by the planning authority; ● implementation through the planning decision. 6. It also points the reader to additional sources of information and advice. Guidance and advice on EIA in relation to specific topics has already been issued in relevant NPPGs and PANs which should be read in the light of this PAN, the 1999 Regulations and SEDD Circular 15/1999. An index to the EIA references in NPPGs and PANs is at Annex 3. 7. This PAN relates specifically to environmental impact assessment for development projects authorised under planning legislation. EIA may be required under other legislation, for example trunk roads under the Roads (Scotland) Act 1984, but the basic principles of this advice are likely to be relevant. Further information on other regimes may be found at paragraphs 102-104. The term EIA was formerly known as Environmental Assessment (EA). 5 PAN 58 Environmental Impact Assessment the legislative context The European EIA Directive and The Scottish Regulations 8. The statutory requirement for environmental impact assessment is the 1985 European Council Directive (No. 85/337/EEC) “on the assessment of the effects of certain public and private projects on the environment”. This was amended in 1997 by Council Directive 97/11/EC. (An informal consolidation of the Directives is available via the Department of the Environment, Transport and the Regions home page http://www.planning.odpm.gov.uk/). “…the assessment procedure is a fundamental instrument of environmental policy as defined in Article 130r of the Treaty and of the Fifth Community Programme of policy and action in relation to the environment and sustainable development…..Community policy is based on the precautionary principle and on the principle that preventative action should be taken, that environmental damage should as a priority be rectified at source and that the polluter should pay.” EC Directive 97/11/EC 9. The Environmental Impact Assessment (Scotland) Regulations (Scottish Statutory Instrument 1999 No. 1) transpose the EIA Directive as amended into Scottish planning law. With regard to Town & Country Planning matters they supersede the Environmental Assessment (Scotland) Regulations 1988 and all amendments. The Regulations set out the statutory procedures, list the types of project to which they apply, specify the information to be contained in an environmental statement, list the consultation bodies and provide criteria for deciding whether projects are likely to have significant environmental effects. Copies of the Regulations may be purchased from The Stationery Office and are also available on their web site (www.scotland-legislation.hmso.gov.uk). Environmental Information and Normal Planning Powers 10. The Town and Country Planning (Scotland) Act 1997 and the General Development Procedure Order 1992 provide planning authorities with wide ranging duties and powers to collect and evaluate information from consultees and the applicant before determining any planning application. This may involve consultation and discussion as appropriate with statutory bodies (such as the Scottish Environment Protection Agency and Scottish Natural Heritage), amenity bodies, community councils, the public generally and other council departments or services. 11. The planning system therefore provides a means for assessing the environmental effects of all applications and the absence of a formal EIA does not mean that environmental issues are not being considered nor appropriate mitigation measures put in place. In the vast majority of cases, the normal powers and duties are sufficient for the planning authority to gather the information it needs, but when an EIA is required, they are supplemented by the procedures set out in the Environmental Impact Assessment (Scotland) Regulations 1999. 12. A wide range of development proposals have ‘permitted development rights’ Circular No. 15/99 which means that a specific application for planning permission is not needed. Where paragraphs 61-65 however such proposals require EIA under the Regulations, permitted development rights are withdrawn and planning permission