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TRANSCRIPT
EIA Screening
Dr Steve Mustow
Scope of Presentation
● EIA Screening
● Perceived Problem
● What DCLG Proposes
● Thoughts on the Consultation
● Potential Concerns
● Conclusion
WYG’s experience in Environmental Planning & EIA
● Approximately 300 staff working in areas directly
related to environmental planning, many of whom
are also involved in EIAare also involved in EIA
● Undertaking EIA since 1992
● WYG has been independently approved as an EIA
Assessor with IEMA since 2002.
● WYG is a member of the EIA Quality Mark
EIA Screening
● DCLG has been consulting over the
application of screening for EIA in
England (consultation closed on 26th
September). September).
● The EIA Regulations (2011) require
that an EIA is carried out for projects
which are likely to have a significant
effect on the environment by virtue,
inter alia, of their nature, size or
location.
● Assessment is obligatory for projects
which are listed in Schedule 1.
EIA Screening continued
● Schedule 2 lists more than 80
project types which only require an
EIA if they are likely to give rise to EIA if they are likely to give rise to
significant environmental effects.
● Projects that fall below the
threshold in Schedule 2 do not
need to be automatically screened
by the local planning authority
(LPA) to determine whether an EIA
is needed, provided they are not
within defined ‘sensitive areas’.
Perceived Problem
● DCLG considers that over application of
screening is adding cost burdens and
delays to developers.
● DCLG also considers there are additional ● DCLG also considers there are additional
costs to LPAs and, in some cases,
statutory consultees.
● This links to a wider concern by DCLG
that England is over-implementing the EIA
Directive.
● DCLG has based this assessment on
analysis of recent screening directions by
the Secretary of State (SoS).
Perceived Problem continued
DCLG’s analysis showed that:
● Between 2011 and 2014 only
20% of urban development 20% of urban development
projects submitted for SoS
direction were found to require
EIA
● Of the housing schemes that
were screened, 15 of the 17 that
were found to require EIA were
within sensitive areas
What DCLG Proposes
● DCLG proposes to raise the Schedule 2
threshold for the following two development
categories from 0.5 ha to 5 ha:
● Industrial Estates (Schedule 2.10.a)● Industrial Estates (Schedule 2.10.a)
● Residential Development (Schedule 2.10.b)
● However, if the above development types fall
within sensitive areas the original 0.5ha
threshold will still apply.
● Also, thresholds for other types of urban
development under Schedule 2.10.b would not
be affected by the change to residential
development.
Thoughts on the Consultation
● The current thresholds may be
too low.
● A typical 0.5 ha residential
development, for example, may development, for example, may
only include around 20
dwellings.
● The chances are low of such a
development resulting in
significant environmental
effects, if located outside
sensitive areas.
Potential Concerns
1. Is the consultation exercise trying to fix a problem that doesn’t
really exist ?
2. Could a greater risk of legal challenge outweigh any benefits
of raising screening thresholds ? of raising screening thresholds ?
3. Are thresholds based on area too blunt an instrument ?
4. Why haven’t recent changes to the European EIA Directive
been factored in ?
5. Is scoping rather than screening the biggest factor affecting
costs and programme ?
Conclusion
1. There is some logic to DCLG’s current proposals on EIA screening.
2. However, a more comprehensive approach would have been
advised.
3. This would have been more likely to produce significant benefits for 3. This would have been more likely to produce significant benefits for
developers, LPAs and statutory bodies, while continuing to protect
the environment.
