EIA Flashcards
On Little Paxton, why did you advise that an EIA was required?
Reviewed policies, site history, and local context.
Site’s sensitive landscape location.
Potential environmental impacts of a quarry.
How did the EIA Regulations 2017 inform this?
Regulations specify criteria for EIA necessity.
Sensitive landscape locations often require EIA.
Little Paxton’s location met these criteria.
Which environmental factors were most significant on this site?
Water resources and hydrology.
How have you integrated EIA with topographic mapping and other data sources to form a complete client brief?
Combined EIA data with topographic maps for site analysis.
Used other data sources like soil quality and water tables.
Created a comprehensive client brief detailing potential impacts and mitigation measures.
On Elveden Quarry, what documentation did you decide was necessary?
Environmental Statement detailing environmental effects.
Site history and context.
Assessment of potential impacts on biodiversity, water resources, and local habitats.
Mitigation measures and strategies.
What were the likely environmental impacts?
Landscape and visual changes.
Disruption to local biodiversity and habitats.
Potential water contamination or changes in hydrology.
Noise, dust, and air quality impacts from quarry operations.
What were the key risks when presenting the EIA to the LPA?
ncomplete or insufficient data.
Potential objections from local stakeholders or environmental groups.
Overlooking sensitive environmental areas or habitats.
Non-compliance with EIA Regulations 2017.
How did your knowledge of case law help you?
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What made the EIA compliant with the EIA Regulations 2017?
Comprehensive Environmental Statement.
Detailed assessment of all potential environmental impacts.
Inclusion of mitigation measures.
Adherence to all criteria and requirements set out in the regulations.
EIA Directive (2011/92/EU)
EU directive on environmental impact assessments.
R v Environment Agency [2008]
EIA is not automatically mandatory for all projects with potential significant environmental impacts.
Instead, the necessity for an EIA should be determined based on the specific circumstances and characteristics of each project..
Hart DC v Secretary of State for Communities and Local Government [2008]
A planning application and the potential environmental impacts on the Thames Basin Heaths Special Protection Area (SPA).
Cumulative Impact: The case highlighted the importance of assessing cumulative environmental impacts of multiple developments, especially near protected areas.
Mitigation Measures: Emphasized the role of mitigation strategies, like creating Suitable Alternative Natural Greenspace (SANG), in addressing potential environmental concerns.
EIA Importance: The case underscores the necessity of thorough Environmental Impact Assessments (EIA) to ensure developments don’t harm environmentally sensitive areas.
Sweetman and Others v An Bord Pleanála [2013]
Environmental concerns of a road, specifically the conservation of natural habitats.
Conservation Focus: Emphasizes the importance of conserving natural habitats and priority habitat types.
Assessment Criteria: Clarifies criteria for assessing adverse effects of projects on protected sites.
Balancing Development & Conservation: Highlights the tension between development projects and habitat conservation.
R v Secretary of State for Transport [2020]
an environmental campaigner, challenging the UK Government’s decision to proceed with the HS2
Thorough Assessments: Emphasizes the necessity of comprehensive environmental impact assessments for major projects.
Decision-making Process: Courts focus on the lawfulness of the decision-making process, not the environmental merits.
Balance: Highlights the balance between infrastructure development and environmental protection.
Levelling Up and Regeneration Act
- Introduction of Environmental Outcome Reporting (EOR):
Aims to replace existing EIA and SEA regimes with assessments based on government-set environmental outcomes.
2. Heritage Protection Enhancements:
New obligations for preserving specified assets and expanded ‘special regard’ test for listed buildings.
3. Implementation of Temporary Stop Notices:
Allows halt of unauthorised works to listed buildings for up to 56 days
