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IEMA Webinar:Proportionate EIA – A Collaborative Strategy for Enhancing UK Practice

02 08 2017

Peter Jones (IEMA)

Josh Fothergill (IEMA)

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This webinar is introduction to IEMA's newly published strategy to deliver proportionate EIA in the UK. The strategy’s themes have been carefully developed from last year’s Proportionate EIA Summit, which brought together over 13 stakeholder groups from across the nation.

IEMA Webinar:Proportionate EIA – A Collaborative Strategy for Enhancing UK Practice

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Speakers

Peter JonesMember Engagement

CoordinatorIEMA

Josh FothergillPolicy Lead

IEMA

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IA News – August 2017Refresher of recent IEMA related EIA documents

Recent Guidance on:

• Shaping Quality Development (Alternatives & Scoping) – Nov ‘15

• Climate Change Resilience & Adaptation – Nov ‘15

• Delivering Quality Development (Monitor & mitigate) – July ‘16

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Webinar slides and recordingThis webinar is being recorded and will be made available alongside the slides after the webinar

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Questions and AnswersSend in your questions as we go through today’s webinar

Presentation

2 August 2017 – Launch Webinar

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Josh Fothergill

17 July 2017

The Challenge of Disproportionate EIA

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EIA’s beginnings - too few and too short

1987: EIA Regulations come into force in UK

1991-98: Average of 300 EIA/year across whole of country

1990: Numerous EIA led by individual, <3 detailed chapters + Other impacts

1992-95: Ecology, GLVIA, Traffic in EIA Guides published

1995-97: Review of EIA Directive, screening, scoping & ES content enhanced

1999: Revised UK EIA Regulations double number of EIA delivered (~650/yr)

EIA grew and professionalised to address early issues

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Justice Sullivan - 2004

‘It would be no advantage to anyone concerned… -applicants, objectors or local authorities - if ES were drafted on a purely “defensive basis” mentioning every possible scrap of information ... Such documents would be a hindrance not an aid to sound decision-making by the local planning authority, since they would obscure the principles issues with a welter of detail’.

Derbyshire Waste Ltd vs Blewett and SoS for Environment [2004] EWCA Civ 1508 at para 42

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The growth never stopped…

2004-08: SEA Directive and SA (England) promised much, delivered little

2008: Killian Pretty Review: ‘a far more proportionate approach to information requirements is needed’

2010: Average UK ES has 9.63 topic chapters main text >500 pages

- Penfold Review bemoans “safety first” approach in EIA and planning

- Eric Pickles “scrapping this Byzantine collection of regulations”

2014-15: Hinkley Point C: ES = >25,000pages, HS2(1): ES = >50,000 pages

2017: NIPA – “All parties involved need to ensure that the approach to environmental assessment is proportionate and focussed on significant effects of the specific project.”

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Growth in UK Offshore ES Length 2007-2013

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Amended EIA Directive (2014/52/EU) & Proportionality…

European Commission Goal

Deliver Effective EIA through:

- Harmonisation between Member States

- Efficiency to streamline multiple EU assessments & reduce burdens

- Quality moving away from a purely procedural focus in EIA laws

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○ Population and human health○ Biodiversity , particular species

and habitats 92/43/EEC & 2009/147/EC

○ Land○ Soil

○ Water○ Air○ Climate○ Material assets○ Cultural heritage○ Landscape

Broader scope of issues to be considered:

Major Accidents & Disasters

Criteria for Assessment (Article 3) – Reg 4 (Eng & Scot)

Focus on significant effects on listed topics.

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EIA Risks Failing to…

• Be a key voice for the environment in decision-making

• Add value to development design

• Engage the public in effective consultation

• Help manage risks to consenting

• Be more than an expensive exercise

EIA is still valued by Professionals, DCLG, and wider stakeholders, but pressure is mounting and potential for significant change is real post-Brexit…

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Implications of BREXIT for EIA…

14 June conference – initial survey results:

– A majority of respondents think that the UK will be successful in maintaining EIA post-BREXIT

– Opinions on whether EIA will become more or less important are divided

– A majority of respondents think that BREXIT has the potential to limit future EIA progress within the UK

Developing the Strategy

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Proportionate EIA Summit

29 April 2016

• 75 delegates representing

• 13 UK EIA Stakeholder Groups

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EIA Community & Stakeholders

• Central Government and Devolved Administrations

• EIA Co-ordinators• Topic Specialists• Developers (Private and Public

sector)• Planning Authorities• Wider Consenting Authorities

(e.g. PINs, MMO)

• Lawyers• Consultation Bodies• Academia• NGOs• Contractors• Professional Bodies• Sector Trade Bodies

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Enhancing People

EIA is disproportionate because of people and the systems they set up

Need to generate momentum around progressing Proportionate EIA

• Maintain broad alliance of stakeholders

• Need for more training formal and informal (CPD)

• Clarity of what we are coalescing around (better EIA, not just less IA)

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Improving Scoping

Universal agreement on need to improve

Need to enhance COURAGE of key stakeholders in scoping

• Competence

• Clarity of justification scoping in

• Defensive approach to EIA scope through assessment avoid creep

• Justification in documents to verify why scoped out

• Practice led research generated Evidence Plans = Agreed Sectoral Scope

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Shared Responsibility

Disproportionate EIA cannot be solved by an individual or single organisation, action across the EIA Community and between stakeholder groups is essential to generate progress.

• IEMA and other Environmental Professional Bodies on Guidance

• EIA and Planning Professionals

• Consultancies and LPA / Consent Authorities

• Between Consent Authorities (e.g. MMO)

• A direct role for Central Government (Scotland & Wales EIA Training)

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Embracing Innovation & Digital

The EIA community needs to undertake a rapid review of its established practices and traditions

This must focus on identifying areas that could be significantly improved through the adoption of innovations in related fields

Greater use of digital platforms and technology is essential to modernise and enhance EIA.

InspiringProgressive Action

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Vale of Glamorgan

Cardiff

Newport

Monmouthshire

Caerphilly

Rhondda Cynon Taf

Merthyr Tydfil

Blaenau Gwent

Torfaen

Bridgend

Neath Port Talbot

Swansea

Carmarthenshire

Pembrokeshire

Pembrokeshire Coast NPA

Welsh Government Scoping Training 2016

Powys

Ceredigion

Brecon Beacons NPA

Denbighshire

Wrexham

Flintshire

Anglesey

Gwynedd

Conwy

Snowdonia NPA

Welsh Government

Planning Inspectorate Wales

NRW

CADW

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Environmental Impact Assessment | 18th JuLy 2017 | Rufus Howard

Existing Model EIA

36

Scoping

EIA

Mitigation Plans

Screening

Monitoring

Missing link

Baseline

HRA / WFD

Environmental Impact Assessment | 18th JuLy 2017 | Rufus Howard

Proposed New Model IA

37

Front Loaded Scoping

IA (Inc. HRA/WFD)

Mitigation & Management

PlansAdaptive

Monitoring

Screening

Missing link complete via IEP

Industry Evidence Programme

Desk Based Baseline

?Additional Baseline

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Next StepsImplementing the Strategy

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A Strategy is Not Enough

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• Promote the vision for the UK’s proportionate EIA future

• Engage key stakeholders and representative bodies in implementing the strategy

• Catalyse actions and initiatives around the four key themes of people, scoping, collaboration and innovation & digital

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• Develop a proportionate EIA Charter, creating a positive and visible campaign around which a coalition of the willing can rally.

• Develop an EIA Digital Strategy that looks across UK practice to identify the opportunities to deploy advances in technology.

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Next Steps 1

Strategy Launch (July - August)

- Liverpool Launched 18 July

- IA Network SG Meeting (26 July)

- Strategy Dissemination Webinar, 2nd August

- Webinar Series on Thematic Solutions begins – September

Promotion and Awareness Raising of Strategy – Summer / Autumn 2017

Meetings with Key Stakeholder – September onwards

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Embed in IA Network Activities(From Summer 2017)

Summary

Questions and Answers

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Speakers

Peter JonesMember Engagement

CoordinatorIEMA

Josh FothergillPolicy Lead

IEMA

Thanks for joining usYou’ll be sent a link to a feedback survey alongside access to the slides & recording