Environmental Impact Assessment The EIA Process Renewables East Cambridge 23rd February 2010 Adrian Smith DipTP MRTPI

1. Environmental Impact AssessmentThe EIA ProcessRenewables East Cambridge 23rd February 2010Adrian Smith DipTP MRTPI Renewable Energy Planning Consultant

2. Stages in determining a wind energy proposal Site identification Initial meetings between LPA and the developer Is the proposal EIA development - request for Screening Opinion Request for Environmental Statement Scoping Opinion Commissioning of necessary studies Pre submission public consultation Submission of planning application with an Environmental Statement and a Planning Statement Initial post submission public consultation Supply of supplementary information Further post submission public consultation Officer recommendation Determination

3. EIA - Facilitates the informed determination of major planning applications

4. Environmental Impact Assessment (EIA/ES) Based upon European Directives Ensures that the likely effects of new development on the environment are fully understood and taken into account before the development is allowed to go ahead EU 97/11/ECEU 97/11/EC

5. When is an EIA required? Town and Country Planning (Environmental Impact Assessment Regulations) 1999 Schedule 2 development: Installation of more than two turbines Hub height of any turbine exceeds 15m height For proposals within this definition LPAs have discretion as to whether or not an EIA is needed Circular 02/99 EIA “more likely to be required for commercial developments of five turbines, or more than 5MW of new generating capacity” Request for a Screening Opinion settles the matter

6. EIA Major wind farms are complex developmentsnearly always subject to EIA Larger single turbines in a sensitive location – e.g. within an AONB or National Park are likely to require an EIA Provides an opportunity for LPAs to obtain all the relevant information to inform the determination of a project Facilitates a concise assessment of significant impacts Removes uncertainty

7. Best EIA practice "EIA directive: Annex 3 under Article 5: (1) This description should cover the direct effects and any indirect, secondary, cumulative, short, medium and long-term, permanent and temporary, positive and negative effects of the project.” At the time of the application, the applicant may not have secured a grid connection agreement with the local distribution network operator (DNO) and this is solely a commercial matter for them. However, the EIA should evaluate the whole scheme, including the likely environmental effects of the grid connection, based on the best information they have at the time.

8. Best EIA practice (cont.) Alternatives – EA 1999 Regulations require presentation of information on the alternatives, if any, considered "EIA directive: Annex 3 under Article 5: 2. Where appropriate, an outline of the main alternatives studied by the developer and an indication of the main reasons for his choice, taking into account the environmental effects.”

9. Best EIA practice (cont.) The results of the EIA process are set out in an Environmental Statement which will accompany the planning application para 1.2.1 of the Overarching Energy NPS – EN-1 "Where relevant, decision makers of such applications in England should apply the policy and guidance in this NPS as far as practicable". Draft National Policy Statements, NPSs, provide a detailed agenda for EIA preparation

10. EIA and Environmental Statement structure General Environmental Statement topic chapter structure: Introduction – project description; alternatives, if any, considered; planning policy context Method of assessment: surveys, consultation, etc. Baseline: the pre-development environment described Assessment: the effect of the proposal, possible impacts both direct and indirect Mitigation: measures to prevent, reduce or offset impact Summary with reference to compliance with key planning tests Conclusions – main benefits and remaining impacts incapable of mitigation, how impact has been minimised by careful design Appendix will include detailed expert reports

11. The EIA should be a creative process The EIA process should influence the proposal and can lead to significant modifications to the final project design As surveys are completed there is an opportunity to discuss the results with the LPA and relevant statutory consultees As work on the EIA draws to a conclusion results can be tested against the planning policy framework A separate Planning Statement testing the proposal against relevant policy and guidance is a valuable tool which will assist the LPA

12. Scoping an Environmental Statement

13. Possible coverage Residential amenity – noise, shadow flicker and visual impact Landscape impact Ecology Cultural heritage and archaeology Electromagnetic interference Traffic generation and access Hydrology/flood risk Aviation Decommissioning Wider benefits, including CO2 reductions and contribution towards RSS targets

14. Preparing Assessments

15. A general approach to assessment Some subjects lend themselves to a systematic approach Landscape Cultural heritage Residential Ecology A systematic approach must be complemented by professional judgement in drawing conclusions Some assessments are made against a standard Noise – is ETSU-R-97 complied with or not? Shadow Flicker – adequate separation distance?

16. A general approach to assessment Description and baseline conditions Assessment of sensitivity How sensitive is the particular “receptor” to the type of development proposed Assessment of magnitude of the impact In the case of wind turbines– determined by numbers and size, and proximity to the receptor Assessment of severity & significance of the impact Bring together sensitivity and magnitude

17. EIA Case Study: Sensitivity to impact on settings of cultural heritage assets

18. EIA Case Study: General Perception of a Wind Farm in an Open Landscape – Fig 8 PAN 45 Scottish Executive 2002

19. EIA Case Study: Magnitude of impact on the settings of cultural heritage assets (With reference to PAN 45)

20. EIA Case Study: Severity and Significance of impact on settings of cultural heritage assets

21. EIA Case Study: Severity and Significance of impact on settings of cultural heritage assets Making an assessment A desk based systematic approach to assessing severity and significance provides a starting point This needs to be complemented by fieldwork There will always be a degree of professional judgement which needs to be made explicit It is always a mistake to understate impacts Identifying impacts makes it possible to consider possible mitigation measures Impacts that cannot be mitigated go forward to be considered in relation to benefits

22. Assessing an Environmental Statement Does it comply with scoping opinion? Are individual assessments competent and in accordance with best practice? Are all relevant issues covered? How do ES findings relate to environmental information submitted by consultees? Are interested parties in agreement regarding significant effects?

23. The Planning Statement Not part of the ES but helps in testing the results of the ES against planning policy Often there is considerable overlap in policy coverage at RSS, Structure Plan, and local level Using common themes in structuring the Planning Statement can reduce repetition Can be used to identify conditions that can be used to help mitigate impacts Results of ES fed into Planning Statement to assess degree of compliance, and conclusions of Planning Statement fed back into ES

24. Drawing conclusions Impacts and benefits tend to be very different in character, is there a clear balance of advantage? Identify residual impacts after mitigation and consider in relation to benefits How significant are the impacts? How significant are the benefits? Have impacts been minimised by careful site selection and design? (PPS22 key principle viii) How compliant is the project with planning policy?

25. Further information Town and Country Planning (Environmental Impact Assessment Regulations) 1999 www.opsi.gov.uk/si/si1999/19990293.htm Department of Energy and Climate Change (2009). Consultation Draft National Policy Statements for Energy Infrastructure www.energynpsconsultation.decc.gov.uk/ English Heritage (2005). “Wind Energy & the Historic Environment” www.english-heritage.org.uk/upload/pdf/Wind_Energy_(final).pdf Communities and Local Government (2009). Consultation Paper on proposed amendments to Planning Policy Statement 25: Development and Flood Risk www.communities.gov.uk/archived/publications/planningandbuilding/consultationfloodrisk ODPM (2004). Planning for Renewable Energy - A Companion Guide to PPS22 www.communities.gov.uk/publications/planningandbuilding/planningrenewable Bats – Natural England “Bats and onshore wind turbines: Interim guidance” 2008 www.naturalengland.etraderstores.com/NaturalEnglandShop/Product.aspx?ProductID=eb67a4f0-cd69-452e-beae-be4a4e7b51d7 Sustainable Development Commission (2005). “Wind Power in the UK” www.sd-commission.org.uk/publications/downloads/Wind_Energy-NovRev2005.pdf

26. Further information - organisations Natural England: www.naturalengland.org.uk British Wind Energy Association: www.bwea.com Institute of Environmental Management and Assessment: www.iema.net Royal Town Planning Institute: www.rtpi.org.uk English Heritage: www.english-heritage.org.uk Royal Society for the Protection of Birds: www.rspb.org.uk Environment Agency: www.environment-agency.gov.uk The Landscape Institute: http://www.landscapeinstitute.org/