Ecological Mitigation in EIA Developments

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katherinedrayson@aol.com https://greener-cheaper.squarespace.com/ Ecological Mitigation in EIA Developments Tick-box exercise or ecological opportunity?

Outline Introduction to EIA & EcIA Introduction to ecological mitigation Assessing ecological mitigation in EcIA Chapters On Site Monitoring Implications What can be done?

EcIA Foundations EIA Directive (1985), Article 3 identify, describe and assess the effects of a project on: (a) human beings, fauna and flora; (b) soil, water, air, climate and the landscape; (c) material assets and the cultural heritage; (d) the interaction between these factors.

EcIA Building Blocks EIA Directive (1985), Annex IV A description of the measures envisaged to prevent, reduce and where possible offset any significant adverse effects on the environment.

Purpose of ecological mitigation Policy National Planning Policy Framework Natural Environment White Paper Biodiversity 2020 Strategy Legislation EIA Directive Transposed EIA legislation NERC Act CRoW Act Wildlife & Countryside Act No net loss of biodiversity Guidance CIEEM EcIA Guidelines Protected species / habitats guidelines Mitigation hierarchy

Checking that it works EcIA Chapter Including mitigation Detailed descriptions Estimates of likely success On Site Implementation Effectiveness

EcIA Chapters Submitted between 2000-2011 Development sites in England Granted planning permission Any development sector Any planning authority 112 EcIA Chapters

Changes over time Review Study (chronological order) Spellerberg & Minshull (1992) Treweek et al. (1993) EcIA Year Range No. of EcIAs Geographic Distribution of EcIAs Planning Application Status 1988 89 45 UK All N/A 1989 91 37 UK All Comments Road EcIA chapters only RSPB (1995) 1988 94 37 UK All N/A Thompson et al. (1997) 1988 93 179 UK All N/A Treweek & Mitigation 1988 93 194 UK All Thompson (1997) only Byron et al. (2000) 1993 97 40 UK All Drayson (2012) 2000 11 112 England Granted permission Road EcIA chapters only N/A

Percentage of EcIA chapters (%) EcIA chapters including descriptions of proposed mitigation (1 of 3) 100 80 87.00 100.00 99.11 60 40 49.00 49.70 20 0 Treweek et al. (1993) Thompson et al. (1997) Treweek & Thompson (1997) Review in time order Byron et al. (2000) Drayson (2012)

Percentage of EcIA chapters (%) EcIA chapters with detailed descriptions of any mitigation measures (2 of 3) 30 27.50 20 18.75 10 8.00 11.20 0 Treweek et al. (1993) Thompson et al. (1997) Byron et al. (2000) Drayson (2012) Review in time order

Percentage of EcIA chapters (%) EcIA chapters indicating likely success of any proposed mitigation measures (3 of 3) 15 10 12.50 6.25 5 2.20 4.00 0 0.00 Treweek et al. (1993) Thompson et al. (1997) Treweek & Thompson (1997) Byron et al. (2000) Drayson (2012) Review in time order

On Site Development Name Development Sector Determining Authority Year of Submission Lower Mill Estate Housing Cotswold District Council 1998 Oakley Vale Housing Corby Borough Council 1998 Kingsway Housing Gloucester City Council 2000 Whitemoor Phase 1 Transport Cambridgeshire County 2003 Council Enderby Park and Ride Transport Leicestershire County Council 2006 Caroline Chisholm School Education Northamptonshire County 2001 Council Midpoint Park II Industry / Business Birmingham City Council 2005

A picture is worth a thousand words The Good the Bad and the Ugly.

Implementation 15.8% 18.8% Fully implemented Partially implemented Not implemented 65.3%

Effectiveness (1 of 2) Of the 85 EcIA chapters I reviewed that proposed habitat mitigation measures,56.5% specified grassland creation, re-creation or restoration

Ecological management plan habitat description Effectiveness (2 of 2) Very poor similarity Poor similarity Fair similarity Acid grassland Calcareous grassland Marshy grassland Marshland Marginal Wet grassland Neutral grassland Reedbed Species-rich wet grassland Unimproved neutral grassland OV19 Poa annua-matricaria perforata MG5 Cynosurus cristatus-centaurea nigra OV19 Poa annua-matricaria perforata OV25 Urtica dioica - Cirsium arvense MG9 Holcus lanatus-deschampsia cespitosa MG6 Lolium perenne-cynosurus cristatus MG6 Lolium perenne-cynosurus cristatus S4 Phragmites australis MG6 Lolium perenne-cynosurus cristatus MG6 Lolium perenne-cynosurus cristatus 0 10 20 30 40 50 60 70 Similarity Score using MATCH

Percentage of EcIA chapters (%) What about a monitoring programme? 5 4 3.57 3 2.70 2 1 0 0.00 Treweek et al. (1993) RSPB (1995) Review in time order Drayson (2012)

Vicious circle Substandard EcIA chapters Little monitoring or enforcement LPAs with no / little ecological expertise Poor mitigation implementation Poor planning conditions / obligations

What can be done? CIEEM EcIA Guidelines EcIA library Periodic EcIA chapter review

Any Questions?