EIA and Law

Question 1

Sources of UK Law

Answer 1

Historically via ‘public control’ - Alkali Act 1863 (control caustic soda)
- Public health act 1975 (regulate housing and sanitation)

Common Law- nuisance and negligence where private redress could be sought for environmental harm

Centralised laws- emerged in the mid 20C (town and country planning act and wildlife and countryside act)

Question 2

1970s: massive growth of Envt law.

In response to…

Answer 2

increasing awareness of the envy

greater potential for damage by pollution

international conferences and policies and most of all

….EU!!!!

Question 3

EU directives

Answer 3

passed by EU parliament

binding on member states

impletmeed by individual Member states

come with a time limit (i.e. 3 years for the 1985 EIA directive)

breaches are punishable by European court- rules on appeals.

Question 4

EC directive 85/337

Answer 4

assessment of the effects of certain private and public projects on the ENVT 27.06.1985

fifteen years negotiation.

implemented 3.07.1988

Amended - 97/11/EC impelemted in the UK as town and country planning (EIA) reggae 1999, 2011

new directive 2014.

Question 5

Consultation

Answer 5

members of the public and statuary consulates must be given the opportunity to comment on ES

Question 6

What must be produced?

Answer 6

ES address direct and indirect effects.
series of factors (population, fauna, flora, soil….)

alternatives and mitigation measures considered. LPAs should enforce mitigation measures via planning conditions.

a non technical summary

Question 7

Formats of ESs

Answer 7

single and accessible compilation of relevant environmental information and summary in no technical language.

Question 8

What sort of projects need EIA

Answer 8

screening
Schedule 1 and 2

what is project not listed….

Question 9

Dutch dykes Case

Answer 9

wide scope and purpose i.e. list of projects is illustrative not exhaustive- so any type of project could require EIA

‘infrasructure’ or urban development categories’

Question 10

BIG YELLLOW SELF STORAGE

Answer 10

Goodman and Lewisham (London)

PA took view that as development was not specifically described in either Directive or regulations there was no need to consider EIA.

CHALLENGED IN COURT..
should of had an EIA. outside reach of Schedule 2.

planning permission quashed. application remitted to the PA for reconsideration.

EIA was needed even though not listed in legislation or strictly ‘infrastructure’

Question 11

Rochdales Case

Answer 11

planning permission only be granted with full knowledge of likely significant impacts of a development

sufficient information to enable main or likely sig effects on the envy to be assessed and mitigation measures to be described.

Rochdale envelope:

bare plan is insufficient

details of buildings, activities and likely envy effects must be included.

development is restricted to those activities assesed in ES

max and min boundaries for scale of activities should be used for assesment within frame of best case and worst case scenarios.

Question 12

Role of planning authority

Answer 12

Screening (Decision within 3 weeks

Scoping (5 weeks- discussion between applicant, statutory consulates and authority)

consultation (stat consultees, public and other who may have view. public reapplication consultation. “community consultation plan” agreed in advance.

Evaluating the envy information

advertising

setting planning conditions

publicizing the application and the decision

Question 13

Aarhus convention (1998)

Answer 13

Links environmental rights and human rights

Acknowledges that we owq an obligation to future generations.

established SD can be achieved only through the involvement of all stakeholders

links government accountability ad envy protection

focuses on interactions between the public and public authorities in a democratise context.

Question 14

Three Pillars

Answer 14

Scoring citizen rights through:

access to information

public participation

access to justice

Question 15

Community consultation (legal requirement)

Answer 15

Planning Act 2008. places duty upon developers to engage meaningfully with affected communities, LA and other stat consultees. over proposal at pre application stage

developer must produce and publicise a statement of community consultation- take account of iterative process i.e. design, EIA and mitigation

preparing statement of comm suit must consult with and have regard to the views of any relevant LA

2008 Act regime therefore seeks to ensure oppoutinies for public, LA, consulates and other interested parties to get involved and have their say during the pre application stage

Question 16

Balsall Heath- Birmingham

Answer 16

local planning authority, the Highways Agency, public and semi-public bodies

lack of resources (i.e. time and expertise) from the neighbourhood side and the unwillingness of these bodies to respond effectively to ‘unofficial’ suggestions which did not fit in with their priorities

Question 17

Public comments “material considerations”

Answer 17

• fit with national and local policies
• Highway issues (traffic and safety)
• Noise, loss of light, smells
• impact on trees
• lack of infrastructure
• BUT NOT.. disputes between neighbours, loss of view, loss of property value.

Question 18

Decision making

Answer 18

content of ES

views of the public (material consideration)

submissions from stat consultees

planning policy.

Question 19

Planning policy contexts

Answer 19

National Policies (national planning framework, national policy statements (NPSs) i.e. energy, waste, water.

Emerging policy in government statements- ministerial statements, White Papers.

Local Spatial Plans- local development framewtoks and core strategies

(formerly development plans)
ie plicies on land use, conservation economy, landscape, housing.

Question 20

Statutory Consultees

Answer 20

Not required to be consulted on screening options

are consulted prior to scoping poping

usually included in ongoing consultation throught the process

must supply any relevant data or information bring the EIA but are not required to gather new data

must have the opportunity to comment on ES

Question 21

StatConsul (in England)

Answer 21

principal council for the area (not PA)

Natural England (english nature of the countryside 2006)

EA

English heritage (schedule monument of listed building is likely to be affected)

Marine management Organisation

Plus any body required to be consulted under 2011 EIA regs pt 1 Section2. (highway Agency is roads are included, Harbour authority, crown estate…)

Question 22

Legal Challenges

Answer 22

Domestic courts- can rule whether the regulations have been complied with including whether sufficient information has been provided for individual citizens to make representations about possible effects.

European courts can either rule on adherence to the directives