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Environmental Law > L6 - Development Control, EIA and SEA > Flashcards

L6 - Development Control, EIA and SEA Flashcards

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1
Q

What 4 things does planning and development control do with regards to environmental considerations?

A
  1. Ensure that environmental protection is considered at the planning stages
  2. Ensure strict anticipatory control over activities before they start
  3. Facilitate liaison with specialist environmental regulatory agencies
  4. Confer power on decision-makers to impose conditions relating to environmental protection on grant of planning permission
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2
Q

Give 5 key pieces of primary planning legislation

A
  1. Town and Country Planning Act 1990
  2. Planning and Compensation Act 1991
  3. Planning and Compulsory Purchase Act 2004
  4. Localism Act 2011
  5. Planning (Wales) Act 2015
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3
Q

Give 3 key pieces of secondary planning legislation

A
  1. Town and Country Planning (General Permitted Development) (England) Order 2015
  2. Town and Country Planning (General Development Management) Order 2010
  3. Town and Country Planning (Use Classes Order) 1987, SI 1987/764
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4
Q

What are the 2 documents used in planning policy (in England and Wales)?

A

England - Planning Policy Statements

Wales - Technical Advice Notes

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5
Q

Which section of TCPA 1990 outlines the need for planing permission?

A

57 (1)

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6
Q

Which section of TCPA 1990 outlines the definition of development?

A

55 (1)

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7
Q

What are the 2 main pillars to development and which case outlines them?

A
  1. Operations
  2. Uses

Case – Cheshire Country Council v Woodward [1962]

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8
Q

What are the 4 types of Local Authorities?

A
  1. Unitary
  2. Non-Metropolitan Areas
  3. Metropolitan Counties and Greater London
  4. National Parks
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9
Q

Which Act deals with Marine Planning?

A

Marine and Coastal Access Act 2009

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10
Q

Which case introduced material considerations?

A

Stringer v Minister of Housing and Local Government [1971]

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11
Q

Is the courts role restricted in the planning system?

A

Yes

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12
Q

What is the most recent amendment of the EIA directive?

A

2014/52/EU

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13
Q

What is the full name of the EIA directive?

A

Directive on the assessment of the effects of certain public and private projects on the environment

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14
Q

What does Article 2 (1) of the EIA Directive refer to?

A

Whether projects are likely to have significant effects on the environment amongst other things their nature, size and location

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15
Q

What is the difference between Annex I and II?

A

Annex I projects need a mandatory EIA, whereas Annex II projects are based on indicative thresholds or case-by-case examination

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16
Q

Which legislation in England and Wales is the EIA directive transposed into?

A

England - Town and Country Planning (EIA) Regulations 2011

Wales - Town and Country Planning (EIA) (England and Wales) Regulations 1999

17
Q

What is the EIA process?

A

Project Initiated –> Screening –> Scoping –> EIA Report and Public Participation –> Review –> Decision-Making –> Monitoring

18
Q

What 3 things are considered in a screening opinion?

A
  1. Development Characteristics
  2. Development Location
  3. Potential Impact
19
Q

What does scoping do?

A

Determine the extent if the environmental information for the Environmental Statement

20
Q

Where are the requirements for the Environmental Statement outlined?

A

Schedule 4 of the 2011 Regulations

21
Q

Which case outlined the importance of public participation?

A

Berkley (no.1)

22
Q

Which Articles of the EIA directive deal with public participation?

A

6 and 9

23
Q

Give 5 similarities of EIA and SEA

A
  1. Information Gathering Exercises
  2. Occur before Approval
  3. Integrate environmental considerations into the planning process
  4. Precautionary approach
  5. Occupy different stages of the decision-making process
24
Q

What is the full name and code of the SEA directive?

A

Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment

25
Q

Where is the SEA directive transpose in England, Wales and Scotland?

A

England - The environmental assessment of plans and programmes Regulations 2004
Wales - The environmental assessment of plans and programmes (Wales) Regulations 2004
Scotland - Environmental Assessment (Scotland) Act

Environmental Law (9 decks)

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