Environment Law Update – Planning aspects of environmental control

United Kingdom

SEA

The ODPM is consulting on implementation of the Strategic Environment Directive (SEA) (2001/42/EC). The Directive impacts on the land use planning system and also on plans and programmes in other sectors. It is aimed at protecting the environment and integrating environmental considerations into the preparation and adoption of plans and programmes by requiring environmental assessments to be carried out. The draft regulations, issued by the ODPM for consultation, will make an SEA mandatory for plans and programmes subject to preparation by an authority at national, regional or local level, or those prepared by an authority through a legislative procedure. It will cover a range of sectors including agriculture, forestry, fisheries, energy, industry, transport and waste and water management. A screening process must first be carried out to determine whether a plan or programme is likely to have a significant environmental effect and whether it requires an SEA. The Directive sets out the criteria for determining the likely significance of any environment effects and these must be taken into account when screening. Where an SEA is required an environmental report must be prepared. Draft regulations, which only apply to England, set out clearly the criteria for identifying plans and programmes that would require an SEA. Responses to the consultation have to be with the ODPM by 21 May 2004.

(ODPM, February 2004)

Transport

The Department for Transport has sought comment on its draft guidance on how to carry an SEA that might be required under the SEA Directive. The guidance relates to the framework for the new approach to appraisal of transport. It applies to transport plans and programmes and integrates the Directive's requirements for existing transport appraisal processes in England. The deadline for comments was 3 February 2004, but there is likely to be further consultation in April 2004. Once the draft guidance is complete, it should include modules to provide more detail of the required stages of an SEA. The Directive must be implemented in Member States by July 2004.

(Department for Transport, December 2003)

Planning and Compulsory Purchase Bill

The ODPM have announced it is seeking an amendment to the Planning and Compulsory Purchase Bill in the House of Lords. The amendment would require regional planning bodies to seek advice from county councils in preparing and monitoring the implementation of Regional Spatial Strategies. Both the Local Government Association and the Council for the Protection of Rural England have argued strongly for a statutory role for county councils in the new regional planning system.

(ODPM News Release, 14 January 2004)

Regional Assemblies

The Minister for Local and Regional Government has stated his intention to increase the powers of Elected Regional Assemblies on planning issues. It is intended that the Assemblies would be able to direct local authorities to refuse strategic planning applications not in its regions best interest. In a written statement to Parliament, it is proposed that Elected Assemblies take responsibility for producing a Regional Spatial Strategy (RSS) to integrate plans for housing, planning, transport and waste in an attempt to increase the efficiency of regional economic development.

(ODPM News Release, 12 February 2004)

European Union

Urban environment

The European Commission has adopted a Communication setting out its plans for improving the environment in towns and cities. The thematic strategy on the urban environment was one of the seven strategies set out in the Sixth Community Environment Action Programme, and was issued for widespread consultation. This interim Communication stems from the findings of the initial consultation. A second round of the consultation will now take place which should lead to a final strategy on the urban environment to be presented around summer 2005. The Communication focuses on four themes namely, urban environmental management, urban transport, sustainable construction and urban design. These themes also cross over with environmental obligations, for instance on air quality. For each theme, the Communication sets out what action has already been taken and what further action should be considered. The communication calls for targets to be set at the local level with the overall aim of improving environmental performance and quality of urban areas in order to establish a healthy living environment. Comments are invited by the Commission before 15 April 2004.

(COM (2004) 60, 11 February 2004)

EIA

The European Commission is taking action against Belgium, Italy, Spain and the UK for failing to comply with the Environment Impact Assessment Directive (EIA) (85/337/EEC). Final written warnings have been sent to Belgium and the UK for failing to implement the Directive correctly, and Spain is to be referred to the European Court of Justice because of its inadequate implementation of an amending Directive (97/11/EC). The problems of the UK stem from its implementation of provisions relating to development on Crown land which it has excluded from planning legislation and is, therefore, excluded from the Scope of the Directive. The UK is now in the process of preparing the necessary legislation.

(European Commission Press Release, 13 January 2004)

For Further information please contact Mark Rutter at [email protected].