Flashcards in EIA and Law Deck (22):
Sources of UK Law
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)
1970s: massive growth of Envt law.
In response to...
increasing awareness of the envy
greater potential for damage by pollution
international conferences and policies and most of all
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.
EC directive 85/337
assessment of the effects of certain private and public projects on the ENVT 27.06.1985
fifteen years negotiation.
Amended - 97/11/EC impelemted in the UK as town and country planning (EIA) reggae 1999, 2011
new directive 2014.
members of the public and statuary consulates must be given the opportunity to comment on ES
What must be produced?
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
Formats of ESs
single and accessible compilation of relevant environmental information and summary in no technical language.
What sort of projects need EIA
Schedule 1 and 2
what is project not listed....
Dutch dykes Case
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'
BIG YELLLOW SELF STORAGE
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'
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.
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.
Role of planning authority
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
setting planning conditions
publicizing the application and the decision
Aarhus convention (1998)
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.
Scoring citizen rights through:
access to information
access to justice
Community consultation (legal requirement)
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
Balsall Heath- Birmingham
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
Public comments "material considerations"
-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.
content of ES
views of the public (material consideration)
submissions from stat consultees
Planning policy contexts
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.
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
StatConsul (in England)
principal council for the area (not PA)
Natural England (english nature of the countryside 2006)
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...)