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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
iema.net
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