What I am going to cover Environment Impact Assessments A Local Authority Perspective Kath Lawless Assistant Director, Planning Newcastle City Council Key stages in the consideration process Some examples of EIA developments Lessons learnt Scale of EIAs in Newcastle Year No. Screening Opinions No. Scoping Opinions No. EIA Applications 2014 31 3 2 2015 26 5 4 Stages in the process Validation Screening Scoping Environmental Statement 2016 13 4 2 1
Validation Majority of major applications in Newcastle are submitted without a request for a screening opinion. Regulations require LPAs to determine if an EIA is required and to record that decision Part of our validation process has an EIA checklist to see if there is a need to screen the development. Worth doing an annual audit of your processes to check compliance. Screening Opinion 3 weeks to make decision- or longer period as may be agreed ( 90 days?) If LPA doesn t feel it has sufficient info then it needs to request that formally. Must issue the decision to the applicant and publish it on the Planning Register Decision must set out clearly and precisely the full reasons for that conclusion Decision should allow anyone interested to see that proper consideration has been given to the possible environmental effects. Scoping Opinion Not a requirement but early engagement very useful for both parties Suggest involve all statutory consultees 5 weeks to issue scoping opinion- unless agree extension Use of informal scoping can be helpful to work through complex issues in advance of formal submission Scoping seeks to ensure that the information provided in an ES addresses the key effects of the proposed development. Possible new requirement to follow scoping need to review Possible new requirement to use competent person Assessment of Formal Application 16 weeks to issue decision when application accompanied by ES - or extension as agreed Advertise as EIA development in Press and on Site Notices. Consult statutory bodies Re-advertise and consult on any new information within the ES. Publicise decision once application with ES is determined. Possible new requirement to monitor impact 2
Example of Screening Opinion Site: La Sagesse Convent School, Jesmond Dene Road Proposal: Residential development totalling 59 residential dwellings comprising of both new building and conversions of existing buildings Planning considerations: Listed buildings, Conservation area, Archaeology, Transport 10 Chronology of Events La Sagesse Initial application refused (2011/1799/01/DET)- substantial objections Revised application received and screened.(2012/1269/01/det) 80 objections against 90 letters in support Representation received day before committee threatening JR on number of issues including screening opinion- application deferred from Committee to review matters Legal advice sought. Request made by applicant to review S/O 19.12.12 Screening opinion No 2 - No sig environ impacts 21.12.12 Approved 17.1.13 Matter referred to SoS under departure regs- decided not to intervene NCC Procedures reviewed as result of this case 11 12 3
13 14 Scoping opinion.. Site: Land Bounded By A69, Drove Road, Hexham Road, Throckley Brickworks, including Throckley Recreation Ground Proposal: Outline Planning Application for the development of up to 580 dwellings, including details of associated vehicular and pedestrian access points from Hexham Road, open space and landscaping infrastructure works associated with the development, works to Throckley recreation ground including car parking, public footpaths, community hub, allotments and enhanced sports facilities, provision of replacement school playing field to the north of Throckley Primary School playing field, and the demolition of 3 residential properties Planning considerations: Archaeology, Transport and access, water resources and flood risk, noise 15 4
17 18 Applicants sought a scoping opinion under Regulation 13 of the EIA Regs 2011 as to the scope of information to be provided within the Environmental Statement to accompany the planning application. Consideration of the cumulative effects of other committed development close by (some smaller housing developments,) considered as part of the ES. EIA submitted with application and key issues assessed : - Alternative access options to the site - Transport and travel and environmental effects - Water resources, drainage and flood risk (N.B Newburn collapsed culvert) - Landscape and visual assessment - Noise (A69, Ibstock Brickworks) Sections of the ES were amended through the application process and were the subject of a supplementary consultation process which was also advertised in the local press and site notices displayed. 19 20 5
EIA application Site: Proposal: Woolsington Hall Demolition of courtyard buildings, World War II hospital buildings, stable block extensions, outbuildings, two farmhouses and farm buildings and two dwellings to facilitate the restoration, conversion and extension of Woolsington Hall, Stables, Coach House and Orangery to form 32 bed hotel and spa; Erection of 10 woodland lodges (Class C1); formation of 18 hole golf course, grassed playing pitch, and erection of golf club house; and restoration of Monks Hut and erection of 72 dwellings with ancillary estate road 21 23 24 6
EIA submitted and key issues assessed were: Landscape Impact on landscape and views Trees Loss of 1077 trees (4.8 ha of woodland) Protected species Impact on badgers, water voles, red squirrels, birds Noise proximity to airport Cultural heritage 25 26 Chronology of Events Woolsington Hall Advertised as Departure from Plan, Major app and EIA 76 letters of objection including Environmental groups Petition with almost 9000 signatories against development SOS were lobbied to call in application declined to do so Members resolved to grant planning permission and listed building consent July 2015 Just before completion of S106 and issuing of decision Building burns down (Dec 2015) Updated LBC and viability statement Committee minded to grant on 1 st Nov 2016 Decision issued on 11 Nov 2016. 27 28 7
Risks / Pitfalls Timeliness of consultee responses Keeping up top date with legislation/ case law Consistency on internal procedures Reviewing process when any new info received. 29 Key lessons Training: Admin, Case officers, Internal and external consultees Monitor and quality review of screening opinions Are we still following best practice/ latest legal advice / up to date legislation? Key lessons continued Also need to consider: EIA and permitted development applications, reserved matters applications, conditions discharges, Section 73 applications. Time lapse between pre-application screening opinion and new application. Cumulative Impacts ( Salami slicing ) LPA s should consider cumulative effects of the proposals with other committed major development. 8
Useful links PAS Dealing with Major Planning applications: handling EIA and HR issues https://www.gov.uk/guidance/environmental-impactassessment 9