| > | | | | As I mentioned the next test is whether the |
| Thec"Town and Country Planning (Environmental | | | | development is proposed to take place in a sensitive |
| Impact Assessment) (England and Wales) | | | | site. The regulations define a sensitive site as any of |
| Regulations" were implemented in 1999. Not all | | | | the following sites: |
| development projects are covered by the regulations. | | | | - Sites of Special Scientific Interest |
| In particular the regulations do not apply to most | | | | - Land to which sub-section (3) of section 29 (nature |
| small scale development projects. I regularly receive | | | | conservation orders) of the Wildlife and Countryside |
| questions from developers who want to know if | | | | Act 1981 applies |
| their project is covered by the regulations and in this | | | | - Areas to which paragraph (u)(ii) in the table in article |
| article I will describe the process to determine if the | | | | 10 of the Town and Country Planning (General |
| regulations apply to a particular project. | | | | Development Procedure) Order 1995 applies |
| In 1985 the EIA Directive (EU legislation) on | | | | - National Parks |
| Environmental Impact Assessment of the effects | | | | - The Broads |
| of projects on the environment was introduced. It | | | | - Properties appearing on the World Heritage List |
| was amended in 1997. The requirements of the | | | | - Scheduled Ancient Monuments |
| Directives are incorporated within UK law through | | | | - Areas of Outstanding Natural Beauty |
| "The Town and Country Planning (Environmental | | | | - European sites within the meaning of regulation 10 |
| Impact Assessment) (England and Wales) Regulations | | | | of the Conservation (Natural Habitats etc) |
| 1999" and their equivalents for other parts of the | | | | Regulations 1994 |
| country. Not all development projects are covered by | | | | There are a number of public register available that |
| the regulations. In particular the regulations do not | | | | can be used to determine if the location is a sensitive |
| apply to most small scale development projects. I | | | | site. In my experience the "Multi-Agency Geographical |
| regularly receive questions from developers who | | | | Information" database is a very useful starting point |
| want to know if their project is covered by the | | | | to establish this. It can be found on the internet and |
| regulations and in this article I will describe the | | | | is commonly know under its acronym Magic. |
| process to determine if the regulations apply to a | | | | Assuming that our research has demonstrated that |
| particular project. | | | | development is not proposed to take place in a |
| As an example we consider a new fifteen storey | | | | sensitive site, it follows that it is unlikely that the |
| office block on a 0.4 ha site that currently comprises | | | | proposed development is a schedule 2 development |
| a non-listed Victorian four storey building and situated | | | | and therefore it is not likely that an EIA is |
| in close proximity to a number of grade II and grade | | | | required.There are two further issues that I need to |
| II * listed buildings. | | | | address here. Firstly, certain activities that are |
| The 1999 EIA regulations distinguish between two | | | | proposed on a particular development have much |
| different categories of development that will require | | | | lower thresholds in schedule 2. I have assumed that |
| or potentially require to undergo an environmental | | | | these activities do not form part of our example |
| impact assessment. These developments are | | | | development. It is particularly worth to verify that no |
| described in schedule 1 and schedule 2 of the | | | | fuel is stored in a structure exceeding an area of |
| regulations. Development proposals that would fit any | | | | 0.05ha. |
| of the descriptions in schedule 1 always require an | | | | Secondly, in exceptional cases the Secretary of |
| environmental impact assessment. Schedule 1 | | | | State has the power to direct that a development |
| developments are generally large infrastructure | | | | requires undergoing EIA even when the threshold is |
| projects or development that is generally regarded as | | | | not exceeded and the site does not lie in a sensitive |
| having a high potential for pollution. Examples of the | | | | area. An example of this was the development of |
| latter development types include waste management | | | | the London Eye. The height, its prominent location |
| sites and power stations. The proposed development | | | | within London and the potential to attract large |
| in my example does not match any of the | | | | numbers of visitors were all factors that were |
| development types described in schedule 1. | | | | considered to likely lead to a significant environment |
| Development that is classed as 'schedule 2 | | | | impact and therefore an EIA was required, even |
| development' only requires an EIA to be carried out | | | | when the footprint of the development did not |
| when it is likely that a significant environmental impact | | | | exceed the threshold and it is not situated in a |
| will occur as a result of the development. To | | | | sensitive site. This is a rare event, but it should be |
| determine whether a development is a schedule 2 | | | | taken into consideration nevertheless. |
| development is more complex than it is to determine | | | | Even if the development would be a schedule 2 |
| a schedule 1 development. There are three aspects | | | | development it would not necessarily be required that |
| that require to be considered: | | | | an EIA be carried out. The development would then |
| 1. The descriptions of development categories in | | | | be screened to determine if a significant |
| schedule 2. | | | | environmental impact would likely occur. I will not |
| 2. The threshold mentioned in schedule 2 for the | | | | consider this further here. |
| development category. | | | | Even though it appears that the proposed |
| 3. The presence of any sensitive areas as defined in | | | | development does not require an EIA and |
| the regulations. | | | | environmental statement, there are other pieces of |
| The development matches the description in | | | | legislation that may require the submission of |
| Schedule 2, 10(b) Urban development projects, | | | | adequate environmental information before a planning |
| including the construction of shopping centres and car | | | | decision is made. In particular the legislation around |
| parks, sports stadiums, leisure centres and multiplex | | | | species that are protected at European level, such as |
| cinemas. This category covers a wide variety of | | | | bats and great crested newts, can be onerous. This |
| development types including office, retail and | | | | may for instance become an issue where demolition |
| residential development projects. | | | | of existing buildings forms part of the development |
| For a development in this category to become a | | | | proposals. |
| schedule 2 development its area needs to exceed 0.5 | | | | Finally the local planning authority has a duty to take |
| ha, or it needs to be situated in a sensitive area. The | | | | into account many other environmental and |
| footprint of the development area in my | | | | sustainability issues. The authority may therefore |
| development, taken as the red line planning application | | | | require a number of studies, statements or reports. |
| boundary, is less than 0.5 ha. Therefore, based on | | | | These may include a flood risk assessment, an |
| this criterion, the development would not be a | | | | energy statement, overshadowing studies and a wind |
| schedule 2 development. | | | | strength appraisal. |