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EIA and Microclimate Assessments

CPD for Croydon Council

David ThomsonSenior Director, Environment, RPS

Graeme FlynnDirector, Urban Microclimate Ltd

3rd May 2017

Introduce ourselves and the team

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Introduction

Overview of EIA project stages

o Screening

o Scoping

o ES Submission – key topics/ pitfalls

Microclimate

o Wind Methodologies

o Pedestrian Wind Environment

o Introduction to daylight and sunlight assessments

Forthcoming EIA Regulations

What we are going to cover

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Examples of RPS’ work in Croydon

Cane Hill

Whitgift Centre

Fairfield

St Michael’s Square

Ruskin Square

New South Quarter

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EIA Purpose and Stages

Purpose of EIA

To identify potential environmental impacts from proposals, such as projects and programmes, and to propose means to avoid or reduce the significant effects

Stages

Explain the IEMA Quality Mark ‐ Oxford, Edinburgh and London offices signed up to it. RPS produced an internal guidance document outlining the processes and standards.

Document available on RPS intranet

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EIA Screening thresholds

The Town and Country Planning (EIA) Regulations 2011 (amended) identify ‘Schedule 1’ and ‘Schedule 2’ schemes.

Schedule 1 projects require an EIA in every case, for example, quarries > 25ha; gas pipelines > 40km; power stations > 300MW; airports with runway > 2,100m, etc.

Schedule 2 projects require consideration of likely significant effects. For example, industrial estate > 5ha; residential > 150 units; golf course > 1ha, etc

The EIA Regulations (2015) increased these thresholds from (0.5ha to 5ha), below which EIA is not required (if not in a ‘sensitive area’)

EIA Regulations

The first EU Directive came into force in 1985 

1999/2000 change in London

UK EIA peak of 700

London Boroughs have experienced a greater threat of challenge, therefore it became the default for medium scale schemes and high rise buildings to be EIA development

Changes in the EIA regulations in 2015 – resulting from the Government’s desire to cut red tape and the softening of requirements. Resulting in less schemes being caught by formal EIA

Doesn’t negate need to cover environmental issues in coordinated manner – i.e. ERs/ECRs or just suite of reports accompanying planning application

Do you as a team do less or more now?

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Screening urban developments

Annex A of the PPG also advises that an EIA is “unlikely to be required for the redevelopment of land unless the new development is on a significantly greater scale than the previous use, or the types of impact are of a markedly different nature or there is a high level of contamination”.

An EIA is “more likely to be required where:

o the area of the scheme is more than 5 ha; or

o it would provide a total of more than 10,000m of new commercial floorspace; or

o the development would have significant urbanising effects in a previously non-urbanised area (e.g. a new development of more than 1,000 dwellings)”.

Schedule 1 – Definitely EIA

Schedule 2 – Maybe EIA (thresholds to guide) if there is likely to be significant environmental effects or in a sensitive area, as per schedule 3

Need to screen the development if there are triggers which might cause significant environmental effects. 

This is why there have been less EIA projects

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... and the applicant also has the option of requesting a Screening Direction from the Secretary of State.

1-5 Lansdowne Road

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EIA Scoping

Is a non-mandatory process that helps inform the methodology and scope of the assessment and the topics to be included in the ES.

Uses desk-based studies and preliminary surveys to reduce the number of topics included in the ES.

The Council have 5 weeks to provide a scoping opinion following the submission of a scoping report, having consulted with the statutory consultees and other stakeholders.

It is not a requirement to follow the scoping opinion although it is good practice to do so.

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Scoping Requirements

The following minimum information is required to be submitted when making a scoping request:

o A plan of sufficient detail to identify the land;

o A brief description of the nature and purpose of the development;

o Its possible effects on the environment; and

o Any further information the developer may wish to provide.

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EIA Scope

Paragraph 33 of the CLG’s web-based planning practice guidance on EIA states:

“The Environmental Statement should be proportionate and not be any longer than is necessary to assess properly those effects. Where, for example, only one environmental factor is likely to be significantly affected, the assessment should focus on that issue only. Impacts which have little or no significance for the particular development in question will need only very brief treatment to indicate that their possible relevance has been considered”.

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Potential EIA Topics

• Socio-Economics

• Landscape/townscape and visual

• Traffic, transport and access

• Air quality and odour

• Noise and vibration

• Archaeology

• Built heritage

• Daylight, sunlight, overshadowing, light pollution, solar glare

• Wind microclimate

• Water resources, drainage and flood risk

• Ground conditions and contamination

• Ecology and biodiversity

• Waste and recycling

• Aviation/navigation

• TV & radio reception

• Climate change adaptation and mitigation

• Health and wellbeing

Topic scoped into the ES varies from project to project.

Ideally would scope some topics out of the ES if possible. Can also include utilities, sustainability and replace townscape for landscape.

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Assessment of Effects

Effect is the term used to express the consequence of an impact (expressed as the ‘significance of effect’), which is determined by correlating the magnitude of the impact to the sensitivity of the receptor or resource.

The categorisation of the impact magnitude typically takes into account the following four factors:o Extent;

o Duration;

o Frequency; and

o Reversibility.

Sensitivity of a receptor may be quantified using the following four factors:o Value;

o Adaptability;

o Tolerance; and

o Recoverability.

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Significance of Effects

Each topic chapter should set out the methodology for evaluating the significance of effects. Definition of significance should use a clearly defined scale, such as:

If necessary, further categories may be used in accordance with topic specific guidance, such as those set out in the Design Manual for Roads and Bridges (DMRB).

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EIA – Key Pitfalls

Not following the scoping opinion;

Not using correct/ up to date baseline data;

Not undertaking consultation at an early stage;

Not assessing environmental issues early enough in the design stage;

Appropriate consideration of alternatives;

Meeting the ‘Rochdale Principles’;

Uncertainty;

Inconsistency/ poor editorial control;

Risk of Judicial Review challenge.

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EIA Regulations 2017

New EIA Regulations come into force on 16th May 2017

Many of the proposed changes simply reinforce existing good practice: Consideration of demolition, construction and operational impacts; Need for Screening Opinions to state the main reasons for the

determination; Need for ‘competent experts’ both as authors and assessors of

Environmental Statements – documentation needs to be submitted alongside the ES to prove the authors competency;

Publishing the ES electronically; and Decision makers maintain objectivity and avoid bias.

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Front Loading Screening Requests

No change to screening thresholds;

Now a mandatory process for all developments over the thresholds;

Can provide more evidence through technical reports submitted upfront;

Able to include details of mitigation measures – these must be incorporated at the application stage;

The Council now has to take these measures into account when providing a screening opinion;

Potential maximum of 90 day screening opinion period (although should remain at 21 days unless agreed in writing).

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ES now “based on” Scoping Opinion

Consultation bodies e.g. Natural England and the EA, must be consulted by the LPA as part of the scoping opinion process before issuing an opinion.

The scope and level of detail required in the ES should now be provided by the LPA, taking into account the information provided by the developer on the specific characteristics and the likely environmental impact.

The ES should be “based on” the Scoping Opinion so far as the development proposed remains materially the same as that which was subject to the opinion.

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30 day consultation period

Timeframe for public consultations on the ES and for any further information (e.g. via Regulation 22) should not be shorter than 30 days – this was previously 21 days for the Town and Country Planning system and 28 for the infrastructure planning system.

This will allow for more in depth consultation to take place.

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‘New’ topics

Human Health

Climate Change

Biodiversity

Land take

Risk of major accidents/ disasters

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Coordination with Habitat Directive

Where a project is simultaneously subject to assessment under the EIA Directive and Habitats and/or Wild Birds Directive, a co-ordinated approach will be carried out, however, separate assessments will be completed and reported.

The LPA will be responsible for co-ordinating this.

This can also be applied to other EU laws such as the Water Framework Directive, the Industrial Emissions Directive and the Waste Framework Directive, although this is not mandatory.

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Mandatory monitoring of significant adverse effects

Monitoring measures for significant adverse environmental effects should also now be included in the decision to grant development consent.

These will depend on the nature, location and size of the project and the significance of its effects on the environment.

Monitoring of the development could take place during the construction phase, and beyond.

Arrangements can be made to avoid duplication i.e. Where the Council are already monitoring the site (e.g. via a Planning Condition) and so repeat monitoring would not be required.

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Assessment of alternatives

The new Regulations will strengthen the requirement to describe alternatives, requiring a “comparison” of environmental effects when providing the main reasons for selecting the chosen option.

This provision could present an avenue for challenge, as without proper assessment of alternatives it will be difficult to make a fair comparison.

It would therefore be an advantage to involve competent environmental consultants throughout the design stage, to assess and record the environmental reasons for the scheme selection.

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Conflicts of Interest

This relates to when an organisation is the developer and consultation body.

It reinforces the requirement that the functions are completely split so that conflict of interest does not occur.

The requirements have been transposed through a new regulation dealing with ‘objectivity and bias’ – see regulation 65 of the Town and Country Planning regulations and regulation 34 of the Infrastructure Planning regulations.

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EIA Regulations 2017

Summary of Key Changes in New EIA Regulations

Screening Opinions: ‘or such longer period, not exceeding 90 days…as may be agreed in writing.’

‘Front loading’ in the screening process

EIA ‘based on’ the Scoping Opinion received

Public consultation period extended from 21 days to 30 days

‘New’ additional EIA topics

Ability to co-ordinate the procedures with Habitats Regulations Assessment

Mandatory monitoring of significant adverse effects

ES will include the main environmental reasons for the chosen option

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Any questions?

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