Environment Law update: Planning aspects of environmental control 5

United Kingdom

Planning policy

Parliament’s Housing, Planning, Local Government and the Region’s Committee has published its report on planning, competitiveness and productivity. The report came about as a result of evidence taken from the CBI during the enquiry into the Planning Green Paper, which stated that planning was a major hurdle to the efficiency of British business. The conclusions of the Committee were that planning is not a significant factor in determining productivity, but that skills, innovation and investment are the most important factors. It says that rather than blaming planning for the UK’s low productivity, business should consider the positive role of planning. It also said that improving the planning system is a matter of better resourcing and more focusing rather than changing the rules. The Committee also recommended that the Government’s measure of improved performance should take into account the quality of planning decisions as well as their speed.
(Parliament, 5 February 2003)

Sustainable communities

The Office of the Deputy Prime Minister has announced a £22 billion plan for the development of sustainable communities. Included within the plan are measures such as more affordable homes for key workers and social housing, improving urban design, the development of deserted and run down areas in the North and Midlands and encouraging modern build housing. The Government is claiming that the proposals are aimed at improving the quality of life in urban and rural areas of the country. It says that it will address the housing shortages in London and the South East together with the impact of housing abandonment in the North and Midlands. The money will be allocated over the next three years. However, the Deputy Prime Minister as reiterated that tackling the housing shortage would not be to the detriment of the greenbelt as all new development will use previously developed land where available. In 2002 over 60% of new housing development occurred on brownfield land. The EA has responded to the new announcement saying that expansion of housing needs to be carefully managed to minimise the pressure on the environment through good planning and design. It identified the environment risks of the plan as: the risks of flooding from development on flood plains; the extra demand for drinking water impacting on water resources in the south east of England; additional waste from new households leading to increased problems of waste disposal; and higher carbon dioxide emissions through increased energy consumption in the home. As a result it is calling for all new developments to use sustainable materials and to incorporate measures to minimise environment impacts.
(ODPM News, 5 February 2003: EA News, 6 February 2003)

Water resources

The Water Resources (Environmental Impact Assessment) (England and Wales) Regulations 2003 (SI 2003 No 164) came into force on 1 April 2003. The new Regulations complete the implementation of a Directive on the assessment of effects of certain public and private projects on the environment (85/337/EEC) and relate to water management projects for agriculture. They also include new procedural requirements in considering applications for abstraction or impounding licences under the Water Resources Act 1991. They impose a requirement for an EIA to be carried out for agricultural water management projects which are likely to have significant effects on the environment. Only projects involving the abstraction of more than 20 m3 in any 24 hour period would be included. The procedure for an EIA is laid down in the Regulations.
(SO, 30 January 2003)

Tourism

The Office of the Deputy Prime Minister is seeking views on cancelling PPG 21 on Planning for Tourism and replacing it with good practice guidance. It says that tourism must contribute to sustainable development and seek to balance growth with conservation of the environment. The change is also necessary as national planning policies that impact on tourism are contained in several PPGs, and proposed changes outlined in the Planning Green Paper published in December 2001 to make the planning system simpler, quicker and more accessible. The ODPM says that while it recognises the importance of tourism and economic benefits of it, the industry will benefit from the provision of guidance which addresses the issues of concern to planners and the tourist industry. The consultation period ends on 23 May 2003.
(ODPM, February 2003)

European Union

EIA

The European Commission is to pursue infringement proceedings against the UK for non-compliance with a 1997 amendment to the Environmental Impact Assessment Directive (97/11/EC). The UK is being referred to the Court of Justice in relation to a proposed development in the Crystal Palace area of London. The Commission says that the Government and the local authority are responsible for planning in the area had not requested the environmental impact assessment required by the Directive to ensure the development would not harm the local area. The project concerned a large multiplex cinema and leisure complex which exceeded the threshold required for an assessment stipulated in UK screening guidelines. The move could have far reaching implications for planning and development in the UK as the court will consider the general question of how the development consent procedure is applied. The current Government gave the go ahead for a multiplex cinema and leisure development two years ago. If the Commission wins its case it could mean a requirement for an environmental assessment for all major schemes including those that already outlined planning consent.
(European Commission Press Release, 24 January 2003)

The UK has also been sent a final written warning on its system of allocating ‘certificates of lawful development’. This affects projects such as scrap yards which could be covered by the EIA Directive, which protects the operator from prosecution under planning laws by exempting such projects from requiring planning permission, and therefore an EIA. The Commission’s view is that the certificate should only be granted after the EIA rules have been considered.
(European Commission Press Release, 24 January 2003)

For further Information please contact Paul Sheridan on +44 (0)20 7367 2186 or at [email protected]