Development Plan Practice Note 04 Sustainability Appraisal incorporating Strategic Environmental Assessment April 2015 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Preamble This Development Plan Practice Note is designed to guide planning officers and relevant users through the key requirements of a Sustainability Appraisal (SA) and Strategic Environmental Assessment (SEA) and deals primarily with procedures as well as good practice. It forms part of a series of new practice notes stemming from the Planning Act (Northern Ireland) 2011 [the 2011Act] and any related subordinate legislation. The emphasis is very much on advice but where explicit legislative requirements must be followed these will be made clear. Where appropriate this practice note will therefore highlight: • Relevant legislation; • Procedural guidance; • Definitions; • Best practice examples / relevant case law This guidance is not intended to replace the need for judgement by planning officers in the local development plan making process. Nor is it intended to be a source of definitive legal advice. Reference should be made to the actual legislation referred to in this document and if any discrepancy or conflict exists between the Practice Note and legislation the provisions of the legislation will prevail. April 2015 1 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA 1.0 Introduction 1.1 The Regional Development Strategy 2035 (RDS) defines sustainable development as ‘development that meets the needs of the present without compromising the ability of future generations to meet their own needs1’. Furthermore, the Executive’s Sustainable Development Strategy (May 2010) ‘Everyone’s Involved’ aims to put in place economic, social and environmental measures to ensure that we can continue to grow our economy, improve our society and communities and utilise our natural resources in an environmentally sustainable manner. The Strategy also intends to strengthen the framework to address global issues such as climate change. The Sustainable Development Strategy sets out six principles as follows: 1.2 • living within environmental limits; • ensuring a strong, healthy, just and equal society; • achieving a sustainable economy; • promoting good governance; • using sound science responsibly; and • promoting opportunity and innovation. In order to help achieve the above, it is important to integrate the principles of sustainable development into the plan and policy making process. 2.0 Legislative context 2.1 Section 25 of the Northern Ireland (Miscellaneous Provisions) Act 2006 requires all NI Departments and a council, in exercising their functions, to act in the way they consider best calculated to contribute to the achievement of sustainable development. Section 5 of the Planning Act (Northern Ireland) 2011 (the 2011 Act) copper-fastens this duty by requiring those who exercise any function in relation to 1 RDS 2035 Glossary, P. 109 April 2015 2 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA local development plans to do so with the objective of furthering sustainable development. 2.2 Furthermore, Sections 8(6) and 9(7) of the 2011 Act requires an appraisal of sustainability to be carried out for the Plan Strategy and Local Policies Plan, respectively. As the sustainability appraisal (SA) for each of these development plan documents will incorporate an assessment of environmental effects, it must also comply with the requirements of the European Directive 2001/42/EC on the assessment of effects of certain plans and programmes on the environment (SEA Directive)2. 2.3 The SEA Directive was transposed into Northern Ireland legislation through the Environmental Assessment of Plans and Programmes Regulations (Northern Ireland) 2004 (the EAPP (NI) Regulations). The EAPP (NI) Regulations set out more detailed requirements for the process and content of the environmental assessment of plans and development. 3.0 The purpose of SA and SEA 3.1 The purpose of SA is to promote sustainable development through the integration of social, environmental and economic considerations into the preparation plans and programmes such as local development plans. The main difference between SA and Strategic Environmental Assessment (SEA) is that SA is wider in scope as it covers the social and economic effects of plans, as well as the more environmentallyfocused considerations of SEA as required by the SEA Directive. The objective of the SEA Directive is to provide for a high level of protection of the environment and to contribute to the integration of environmental considerations into the preparation and adoption of plans and programmes with the view to promoting sustainable development. The requirements of the SEA Directive are set out in Annex 1. 2 A Practical Guide to SEA (DCLG) September 2005 April 2015 3 Development Plan Practice Note 4 3.2 Sustainability Appraisal incorporating SEA Similar to SEA, SA must be carried out from the outset and in parallel with the local development plan preparation process. In doing so it will help ensure that decisions that are made will help contribute to the achievement of sustainable development. Whilst the requirement to carry out a SA and SEA are distinct, it is possible to satisfy both these requirements through a combined appraisal process. 3.3 SA should help to improve the quality of the plan making process by: • raising awareness of the social, economic and environmental impacts of the plan; • facilitating the identification and assessment of reasonable alternatives for the plan; • demonstrating that the plan is the most appropriate given the reasonable alternatives; • providing transparency in the decision making process and facilitating public participation; • 3.4 facilitating the effective monitoring of implementation of the plan. It should be an integral part of the plan making process and perform a key role in providing a sound evidence base for the plan which will play an important part in demonstrating if a development plan document is ‘sound3’. 4.0 4.1 SA and Habitats Regulations Assessment (HRA) The Habitats4 and Birds5 Directives aim to maintain or restore the favourable conservation status of habitats and species of community interest. Special Areas of Conservation and Special Protection Areas are designated to afford protection to habitats and species are listed in the Habitats and Birds Directives. These designations form a suite of sites which are collectively known as the Natura 2000 network. 3 Development Plan Practice Note 6 Soundness Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora 5 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (this is the codified version of Directive 79/409/EEC as amended) 4 April 2015 4 Development Plan Practice Note 4 4.2 Sustainability Appraisal incorporating SEA HRA is required by The Conservation (Natural Habitats, etc.) Regulations (Northern Ireland) 1995 (as amended). It aims to assess possible adverse effects on Natura 2000 sites (Special Areas of Conservation, Special Protection Areas) and Ramsar Sites as a result of the implementation of policies and proposals contained in plans such as a PS and LPP. The process of HRA may be undertaken in parallel with SA however, a council should liaise with the Shared Environmental Services to ensure that it meets all legislative requirements. 5.0 Role of the Consultation Body in SA and SEA 5.1 The SEA Directive requires authorities with environmental responsibilities to be consulted at specific stages in the SEA process. The EAPP(NI) Regulations refer to these authorities as the ‘consultation body’. The consultation body must be consulted by responsible authorities (the bodies which prepare plans and programmes subject to the Directive) in this case a council in the preparation of its DPD / LDP. 5.2 Regulation 4 of the EAPP(NI) Regulations designates the Department for the Environment as the ‘consultation body’ and delivery of this function is led by The Northern Ireland Environment Agency (NIEA). A council will usually contact the consultation body at four stages during SEA6: • Screening: When determining if a plan or programme requires a SEA (Article 3(6) of the SEA Directive); • Scoping: When deciding on the scope and level of detail of the information which must be included in the Environmental Report (Article 5(4)); • Public consultation: When consulting the public on the draft plan or programme and the accompanying Environmental Report (Article 6(2)); 6 Strategic Environmental Assessment – Consultation Bodies’ Services and Standards for Responsibilities, NIEA April 2015 5 Development Plan Practice Note 4 • Sustainability Appraisal incorporating SEA Decision to adopt: When making information available on the Plan adopted, consultations, decisions made, and monitoring measures (Article 9(1)). 5.3 As a council must undertake a SA which incorporates the legislative requirements of SEA, it must also consult the consultation body as part of the combined SA and SEA process. Whilst a council must consult the consultation body in relation to environmental issues, it may also consult other bodies and/or the public depending upon the nature of the information required e.g. social and economic objectives/issues relating to SA. Therefore, a council should therefore exercise judgement in relation to the level of consultation required to ensure that the SA framework used to appraise the DPD is sufficiently robust and justified. 6.0 Key stages in the SA Process 6.1 As previously mentioned, the SA process should be fully integrated into the local development plan making process. The SA should be started at the same time as a LDP and should inform each stage where decisions are taken. It should also be used for developing arrangements for monitoring the implementation of the plan, in order to identify problems and inform the review of the LDP. The SA process involves the following key stages; • Stage A(1): SA Scoping Report - preparation of the evidence base to inform the appraisal, establishing the SA framework / objectives for undertaking the appraisal and seeking agreement with Consultation Body; • Stage A(2): SA Interim Report: consists of SA Scoping Report, assessment of reasonable alternatives against agreed SA framework and undertaking public consultation along with the Preferred Options Paper; April 2015 6 Development Plan Practice Note 4 • Sustainability Appraisal incorporating SEA Stage B: Assessment of alternatives and any likely significant effects of the draft plan against SA framework, taking into account the evidence base and where necessary, proposing mitigation measures for alleviating any adverse effects; • Stage C: SA Report to document the appraisal process and findings; • Stage D: Consultation with the public, environmental authorities and any EU member state affected on the sustainability appraisal report and draft plan; • Stage E: SA Statement to show how the SA and opinions / consultations have been taken into account, the reasons for choosing the plan as adopted and the proposed measures to monitor the plan; • Stage F: Monitoring: establishing arrangements to monitor the significant effects of the implementation of the plan, to identify unforeseen adverse effects and undertake appropriate remedial action. 6.2 Figure 1 shows the linkages between the key stages of the LDP and SA process. Whilst there are clear linkages at various stages of both processes, it is important to note that the preparation of the LDP and SA should be an iterative process whereby findings at each stage should be taken into account to inform subsequent stages of the plan preparation or appraisal process. This may also involve reviewing the previous stage and where necessary, revising alternatives to enhance positive effects of the draft plan. This is particularly relevant to the LDP which consists of two separate but related development plan documents i.e. the Plan Strategy and Local Policies Plan. April 2015 7 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Figure 1: Key stages in the LDP and SA process. April 2015 8 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA 7.0 Stage A (1): Preparation of SA Scoping Report 7.1 Schedule 2(1) to (5) of the EAPP (NI) Regulations set out the information requirements to establish the context for undertaking an appraisal of any likely significant environmental effects of implementing a plan. This is the first stage in undertaking SEA /SA and provides the basis for the preparation of a scoping report. Although a formal scoping report is not mandatory, it is considered a useful way to set out the evidence base and framework of sustainability objectives against which the social, economic and environmental effects of implementing the draft plan can be appraised. 7.2 Whilst the scoping phase of SA should commence and run concurrently with the preparation of the preferred options paper (refer to Fig 1), it may also be necessary to review and /or update the scoping report at a later stage of the process to ensure that the content remains reliable and effective for the appraisal of the subsequent Plan Strategy and Local Policies Plan. 7.3 The SA Scoping Report should include: • a review of other policies, plans, programmes, and objectives relevant to the plan with information on synergies or inconsistencies; • baseline and other information, either already collected or still needed with notes on sources and any problems encountered; • social, environmental and economic problems / issues identified as a result of work undertaken; • the SA framework, including the suggested SA objectives and indicators (and targets where these are proposed), and how they were chosen; and • consulting on the scoping report in accordance with EAPP (NI) Reg 11 and setting out the proposals for the structure and level of detail of the subsequent SA report on the draft plan. April 2015 9 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Annex 2 sets out suggested content for the SA Scoping Report. (a) Review of other policies, plans, programmes and sustainability objectives relevant to the plan (i) The plan must take account of relationships between the plan and other relevant policies, plans, programmes and sustainability objectives. The SEA Directive specifically requires ‘the relationship with other relevant plans and programmes’ and ‘the environmental protection objectives at the international, European Community or national levels which are relevant to the plan’ to be taken into account (Schedule 2 (1) and (5)). (ii) Other relevant documents include a range of other plans and strategies at both the regional and local level such as the RDS, A Strategic Planning Policy Statement for Northern Ireland (SPPS)7, the Sustainable Development Strategy, the NI Marine Plan and the Biodiversity Strategy. A review of the regional and local policies, plans and programmes will provide the context for the preparation of the plan and also influence the options to be considered. (iii) The review of other policies, plans, programmes and sustainability objectives relevant to the plan will help to: • identify any external social, environmental or economic objectives that should be taken into account in the SA of the plan; • identify other external factors, including sustainability issues that might influence the preparation of the plan; and 7 The SPPS is subject to clearance by the Executive Committee. April 2015 10 Development Plan Practice Note 4 • Sustainability Appraisal incorporating SEA determine whether other policies, plans or programme might give rise to cumulative effects when combined with the plan that is subject to SA. Annex 3 provides an example of how the findings of this review can be summarised. (b) Collecting baseline information (i) The collection of baseline information is necessary to meet the requirements of Schedule 2 (2) and (3) of the EAPP (NI) Regulations. However in the wider context of SA, the requirements for baseline information are similar to SEA but include social and economic as well as environmental information to determine the significant effects upon sustainability as a result of the implementation of the plan. (ii) A robust understanding of the baseline position is important in ensuring a sound evidence base for the plan. Baseline information can also help to identify sustainability problems which the plan should seek to address and also provides the basis for predicting the effects of different options for the plan. It can also be used as a benchmark to monitor the likely significant effects of implementing the plan. (iii) Baseline information consists mainly of indicators although both quantitative and qualitative information can be used. It is advised that baseline information should be collected during the survey and evidence gathering stages of plan preparation. (iv) As the collection of baseline information could go on indefinitely, a council should adopt a practical approach and consider what baseline information is required for the SA before embarking on an extensive data collection exercise and to avoid making the task overly onerous and time consuming. The level of detail April 2015 11 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA should be sufficient to provide a basis for the understanding of the social, economic and environmental characteristics of the area likely to be affected by the draft plan and also how the area would evolve without the implementation of the plan. (v) Baseline information should also focus upon the SA topic areas / objectives to provide the evidence base and help inform the subsequent appraisal process. It may also be necessary to include specific baseline information beyond the plan area depending upon the nature of any likely significant effects of the policies and proposals contained in the draft plan. The scale of detail should be proportionate to the level of detail in the plan, bearing in mind the level of detail needed may differ across the plan area. For example, more data may be required for areas or sites which have environmentally sensitive issues. The SA report can then focus on these areas where significant effects are more likely to occur as a result of the implementation of the plan. (vi) A council should also consider appropriate ways to display and organise their baseline data e.g. colour coded matrices and the use of overlay maps to highlight particular areas that may require more detailed assessment. Annex 4 provides a suggested format for the collection and presentation of baseline information. (vii) There are various methods of obtaining information depending upon the nature and detail of the evidence required. The main options are in house from a council’s own data, other strategies and research work; use of consultants / working with external stakeholders; joint working with adjoining councils; information from relevant Departments and local knowledge through community and stakeholder engagement. April 2015 12 Development Plan Practice Note 4 (viii) Sustainability Appraisal incorporating SEA Where there are gaps or difficulties in obtaining information, it will be important to record any resulting uncertainties or risks to the SA. Provision should be made to fill in any major gaps and improve the availability of information through proposed monitoring arrangements. (ix) The baseline information should enable a council to; • determine the current state of the social, economic and physical environment; • identify trends to indicate whether the situation is better or worse or how far it is from reaching any established thresholds or targets; • identify particularly sensitive or important elements of the social, economic and physical environment which are likely to be affected e.g. endangered species, vulnerable groups; • identify any problems and/or issues and whether these are likely to be reversible, irreversible, temporary or permanent; • determine how difficult it would be to offset or remedy any damage; • determine if there have been significant cumulative or synergistic effects over time or if any such effects would be expected in the future. (x) The main focus of the baseline is to provide details of the current state of the social, economic and physical environment likely to be affected by the draft plan. As this data will be used throughout the SA and plan preparation process, it will need to April 2015 13 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA be kept up to date rather than merely providing a snapshot of the situation at a particular time8. (c) Identifying sustainability issues and problems (i) The identification of sustainability issues (including environmental problems as required by Schedule 2 (4) of the EAPP (NI) Regulations) is an opportunity to define key issues for the local development plan and to develop sustainable plan objectives and options. A council may identify problems and issues on the basis of: • experience with issue identified in the other policies, plans and programmes including the Community Plan; • identification and analysis of possible tensions or inconsistencies with other policies, plans, programmes and sustainability objectives; • identification and analysis of possible tensions and inconsistencies between current and future baseline conditions; • consultation with authorities with social, economic and environmental responsibilities and other relevant stakeholders. (ii) Any issues and problems identified should, where possible, be linked to evidence by reference to baseline information and the identification of historical or likely future trends. 8 Further information on the collection of baseline data and indicators is provided in ‘A Practical Guide to the Strategic Environmental Assessment Directive, ODPM, 2005 and ‘From Evidence to Opportunity - A Second Assessment of the State of Northern Ireland’s Environment’, NIEA, DOE, 2013. April 2015 14 Development Plan Practice Note 4 (d) Sustainability Appraisal incorporating SEA Developing the SA Framework (i) The SA framework provides a way in which sustainability effects can be described, analysed and compared. The SA framework consists of sustainability objectives which, where practicable, may be expressed in the form of targets and outcomes, the achievement of which is measurable using indicators. Although the SEA Directive does not specifically require objectives to be developed, it is considered that they can provide a methodological yardstick against which likely significant social, economic and environmental effects of the plan can be tested. The objectives of the SA framework should be proportionate to the level of detail required for the appraisal. (ii) SA objectives can also often be derived from sustainability objectives identified on other plans and programmes or from a review of baseline information and sustainability problems. SA objectives will need to address the full cross section of sustainability issues and should be tailored to the characteristics of and issues arising in the local area. The development of objectives must include the topics listed in Schedule 2(6) of the EAPP Regulations (NI) 2004). It may also be helpful to include more detailed decision making criteria and related indicators in the SA framework to help ensure that all the key issues are considered in the SA. Annex 5 provides an example of a SA framework. (iii) SA objectives are distinct from plan objectives although they may inform the objectives of the plan. It may be useful to test the compatibility between the plan and SA objectives to ensure that both are consistent with each other. Furthermore, some objectives may be more important than others and therefore it may be worthwhile, particularly where there are tensions, to give an indicative ranking of objectives or highlight those which are considered to be particularly important, e.g. because current April 2015 15 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA conditions are problematic or because they are of particular concern to the public. Annex 6 provides a model template to test the compatibility of objectives. (iv) At this stage, the a council may also wish to include an outline of the methodology for the appraisal and the proposed structure and level of detail of the SA report to inform consultees and interested parties of the next stage of the appraisal process. (e) Consulting on the Scoping Report Consultation Body (i) In preparing the Scoping Report, the responsibly authority must consult the consultation body i.e. Northern Ireland Environment Agency. Regulation 11(5) of the EAPP (NI) Regulations states that when deciding on the scope and level of detail of the information that must be included in the environmental report, the responsible authority shall consult the consultation body. Furthermore Regulation 11(6) states that where the consultation body wishes to respond, it shall do so within the period of 5 weeks beginning with the date which it receives the responsibility authority’s invitation to engage in the consultation. Transboundary Consultations (i) Regulation 13 of EAPP (NI) Regulations sets out the requirements for transboundary consultation with other Member states. Whilst not mandatory at this stage of the process, early engagement with adjoining council(s) in RoI may help to provide additional baseline information and highlight issues, particularly where the a council considers that the draft plan may also have likely significant effects in RoI. A council may wish to notify the relevant council(s) and Department of Environment Heritage and Local Government (DEHLG) in the Republic of Ireland of their April 2015 16 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA intention to the undertake a SA of the Draft Plan, send a copy of the SA Scoping Report and initiate informal discussions regarding transboundary consultations on the subsequent SA Report. 8.0 Stage A (2): SA Interim Report on POP 8.1 Regulation 11 of EAPP (NI) Regulations sets out the requirements for the preparation of an environmental report. The report shall identify, describe and evaluate the likely significant effects on the environment of implementing the plan and reasonable alternatives taking into account the objectives and geographical scope of the plan. Schedule 2(8) of EAPP (NI) Regulations also requires an outline of the reasons for selecting the alternatives dealt with and a description of how the assessment was undertaken including any difficulties encountered in compiling the required information. Regulation 15(4) sets out the information requirements for the adoption of the draft plan which must include the reasons for the choosing the plan as adopted in light of the other reasonable alternatives dealt with. 8.2 Reasonable alternatives are the different realistic options available to a council for delivering the objectives of its local development plan. They should also be consistent with other aspects of the plan as well higher level plans and policies and, in the case of the Local Policies Plan, the Plan Strategy. As an appraisal of alternatives should be carried out for the POP, PS and LPP, it may be useful to consider alternatives in terms of a hierarchy to reflect to level of detail or stage in the local development plan process. For example, the alternatives for the Plan Strategy may focus on strategic policies to deal with needs / objectives for the plan whilst alternatives for the Local Policies Plan may focus more on site specific policies and proposals dealing with the type and location of development. April 2015 17 Development Plan Practice Note 4 (a) Sustainability Appraisal incorporating SEA Appraisal of reasonable alternatives for POP (i) The process of generating and refining options and alternatives at this stage should run concurrently with the preparation of the POP. As a council identifies the main issues which need to be addressed by the plan, it should develop reasonable alternative approaches to deal with them early in the process. Options at this early stage should concentrate on key plan issues which are capable of implementation and represent a range of different approaches within the realm of the plan. They should also be sufficiently distinct to enable comparisons to be made. (ii) The appraisal of reasonable alternatives against sustainability issues, as set out in the SA Scoping Report, can help a council to determine their preferred options for the preparation of subsequent development plan documents. It will also help to provide a sound evidence base to justify a council’s preferred options and make the decision making process more transparent. (iii) Regulation 11(3) of the EAPP (NI) Regulations refers to the information to be included in the report, in particular, it states that the information may take account of the content and level of detail of the plan, the stage of the decision making process and the extent to which certain matters are more appropriately assessed at different levels in that process in order to avoid duplication of the assessment. (iv) A council should therefore exercise judgement in relation to the level of detail for the SA which should be proportionate to the POP. The role of the SA is to assist with identification of the appropriate options, by highlighting the sustainability implications of each and by putting forward recommendations for improvement. The appraisal needs to compare all reasonable alternatives including the preferred option and assess these against the baseline environmental, economic and social April 2015 18 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA characteristics of the area and also the likely situation without the implementation of the plan. The appraisal should also take account of the reviews of other policies, plans, programmes and sustainability objectives relevant to the plan e.g. RDS and SPPS and where appropriate, use this as further justification for the preferred option. (v) Any assumptions used in assessing the significance of effects should be documented. The appraisal should also be an iterative process, with the options being revised to take account of appraisal findings. It is not the role of the SA to determine the option(s) to be chosen for the basis for the POP and subsequent development plan documents. A council has to decide which is the most appropriate, using the findings of the SA to inform the decision making process. Annex 7 provides a model template to document the appraisal of reasonable alternatives. (b) Consulting on the SA Interim Report (i) A SA Interim Report, consisting of the SA Scoping Report and appraisal of alternatives, should be published for consultation along with the POP. This will facilitate a more meaningful public consultation process by enabling interested parties to make more informed judgements when submitting representations on the POP. Regulation 12 of EAPP (NI) Regulations sets out the requirements for consultation on an environmental report. (ii) Regulation 10 of the LDP Regulations also sets out requirements for the availability of the POP and its supporting documents. This includes sending a copy of the POP and its supporting documents to the consultation bodies for information. Regulation 11 requires the POP to be subject to a public consultation period between 8 and 12 weeks. April 2015 19 Development Plan Practice Note 4 (iii) Sustainability Appraisal incorporating SEA Furthermore, if the a council has already engaged with council(s) in the Republic of Ireland and considers that the plan may have likely significant effects in the adjoining council in the Republic of Ireland, it should also send a copy of the POP and accompanying SA Interim Report and undertake transboundary consultations as considered necessary. 9.0 Stage B: Appraisal of reasonable alternatives and any likely significant effects of the draft plan against SA objectives 9.1 This stage of the SA process should be undertaken in parallel with the preparation of the draft development plan document (Plan Strategy or Local Policies Plan) building upon existing SA information and taking account of comments received from the consultation process. At this stage, a council should review and/or update the information contained in the SA Scoping Report to ensure that it remains relevant and that the SA objectives for the appraisal are proportionate to the level of detail required for the appraisal of the Plan Strategy or Local Policies Plan. Where changes to the Scoping Report are required, a council should undertake further consultation with the Consultation Body under Regulation 11 of the EAPP (NI) Regulations (refer to Stage A(1)(e)). (a) Appraisal of reasonable alternatives for Draft Development Plan Document (i) The appraisal for reasonable alternatives for the draft plan should follow the same methodology used for the appraisal of options in the POP (refer to Annex 7) and in particular, the requirements as set out in Regulation 11 and Schedule 2(8) of EAPP (NI) Regulations. The difference at this stage is that the range of reasonable alternatives considered should now be within the context of a council’s preferred options and focus on the strategic options and policies for delivering the objectives of the Plan Strategy. Similarly, the Plan Strategy should be taken April 2015 20 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA into account in determining the range of reasonable alternatives to be considered in the SA of the Local Policies Plan. (ii) Regulation 11(3) refers to the information to be included in the report, in particular, it states that the information may take account of the content and level of detail of the plan, the stage of the decision making process and the extent to which certain matters are more appropriately assessed at different levels in that process in order to avoid duplication of the assessment. Regulation 11(4) further states that information may be provided by referring to relevant information obtained at other levels of decision making or through other Community legislation. (iii) A council should therefore exercise judgement in relation to the appropriate level of detail for the SA and avail of time and resource savings where possible without compromising on the quality of the SA. The level of detail should be proportionate to the PS or LPP and provide a sound justification for the policies and proposals of the draft plan. (iv) As each key location or site can be regarded as a potential alternative in the LPP, it is important for a council to only appraise those which are considered reasonable. In order to do this objectively and enhance the transparency of the process, a council may wish to use a number of criteria to filter out alternatives based on a balanced consideration of exclusionary or deliverability criteria such as consistency with strategic policy objectives, environmental designations, flood risk, infrastructure issues etc. This initial stage will help to focus the SA on realistic local policies and proposals and obviate the need to undertake a resource intensive and detailed appraisal of every potential key location or site for the LPP. It will also help to meet the requirements of Schedule 2(8) and justify the reasons for selecting the alternatives dealt with in the LPP. April 2015 21 Development Plan Practice Note 4 (v) Sustainability Appraisal incorporating SEA A comprehensive appraisal of alternatives for the draft plan is particularly important at both the PS and LPP stage as a council may have to consider any likely significant effects of changes to the draft plan as a result of the independent examination and the Department’s Binding Report. Regulation 15(4) also sets out the information requirements for the adoption of the draft plan which must include the reasons for the choosing the plan as adopted in light of the other reasonable alternatives dealt with. A council may therefore have to refer back to the appraisal of alternatives in order to determine any likely significant effects in circumstances where an alternative option needs to be considered for the adoption of the plan. (vi) A further appraisal may be required if a change substantially alters the draft plan and may have likely significant effects which have not previously been appraised. Therefore, a thorough and robust appraisal of alternatives at this stage may lead to time and cost savings in the long run. Modifications to the SA should be proportionate to the level of change being made to the draft plan. Therefore, changes to the draft plan that are not significant should not require any further SA. A council will need to exercise judgement as whether a revised SA report will be required. (b) Assessment of the likely significant effects of the draft development plan document (i) Regulation 11 of EAPP (NI) Regulations sets out the requirements for the preparation of an environmental report. Furthermore, Schedule 2(6) and 2(7) of EAPP (NI) Regulations deal with the likely significant effects on the environment and the mitigation measures envisaged to offset any significant adverse effects in implementing the plan. (ii) The purpose of this stage is to assess the likely significant effects upon sustainability issues as a result of implementing the April 2015 22 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA draft development plan document. This involves appraising the policies and proposals of the draft plan against SA objectives as set out in the SA Scoping Report. A council will have to exercise judgement as to whether an effect is likely to be significant and ensure a consistent approach is applied throughout the appraisal. The significance of the effect will depend on the character, quality and sensitivity of the environment affected by the draft plan as well as the scale, magnitude and frequency of the effect. Schedule 1of the EAPP (NI) Regulations sets out criteria for determining the likely significance of effects on the environment. (iii) Schedule 2(6) of EAPP (NI) Regulations requires the appraisal to include short, medium and long-term effects, permanent and temporary effects, positive and negative effects, and secondary, cumulative and synergistic effects. Secondary effects are effects that are not a direct result of the plan, but occur as a result of an original or direct effect. Cumulative effects can arise where several developments each have insignificant effects but together have a significant effect or where several individual effects of the plan (e.g. noise, dust and visual) have a combined effect. Synergistic effects interact to produce a total effect greater than the sum of the individual effects. For example, synergistic effects can often happen as habitats, resources or human communities get close to capacity9. (iv) When forming a judgement, a council will need to consider the probability, duration, frequency and the reversibility of the effects with particular reference to baseline information such as the current state of the environment, the characteristics of the area likely to be affected and any existing problems relevant to plan. In addition, a council should also take account of the requirements stemming from its review of other policies, plans, 9 Annex 8 A Practical Guide to the Strategic Environmental Assessment Directive, ODFM, 2005 provides further detail on the assessing secondary, cumulative and synergistic effects. April 2015 23 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA programmes and sustainability objectives relevant to the plan. The consideration and integration of baseline information and other plan and policy objectives into the appraisal process will help to provide a sound evidence base to justify a council’s findings and enhance transparency in the SA process. (v) Where the appraisal identifies any likely significant adverse effects, information should be provided on the measures envisaged to prevent, reduce and, as fully as possible, offset them. These may also include proactive avoidance of adverse effects as well as recommendations for improving the beneficial effects of the PS or LPP. Mitigation may include contingency measures and bringing forward new options, refining policies, technical measures e.g. buffer zones and design principles, proposals for EIAs as well proposals for changing other plans and programmes. (vi) The use of matrices can provide a systematic and comprehensive method of appraising and recording different types of effects and accompanying comments to justify a council’s findings. Maps and overlays of spatial data may also be useful to highlight problems and vulnerable areas that may require more detailed assessment. Furthermore, if there are any uncertainties or limitations in the information arise during the appraisal of effects, these should be documented in order to help improve the subsequent SA for the LPP. (vii) Whilst the SA process will remain largely the same, the appraisal of the LPP stage should be more detailed and proportionate to the content of the draft plan. For example, SA at the LPP stage may focus more on spatial proposals and specific local policies compared to the SA of the strategic objectives and policies of the PS. Annex 8 provides a model template to document the appraisal of likely significant effects. April 2015 24 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA 10.0 Stage C: Preparation of the SA Report 10.1 Regulation 11 and Schedule 2 of EAPP (NI) Regulations sets out the requirements for the preparation and content of the environmental report. In terms of SA, the SA report should also include these requirements but with a wider remit to address all the sustainability issues of the appraisal i.e. social and economic as well as environmental issues. 10.2 The purpose of the SA report is to present the findings of the appraisal and show how reasonable alternatives and any likely significant effects of the implementation the draft plan have been taken into account in the decision making process. The SA Report should aim to provide transparency by documenting the SA and plan preparation process and highlighting any changes to policies and proposals and mitigation measures as a result of the SA of the draft plan. It should provide the audit trail of policy thinking and development. Whilst monitoring is not required until the implementation of the plan, the SA Report must at this stage provide a description of the measures envisaged to meet the monitoring requirements as set out under Regulation 16 of EAPP (NI) Regulations10. 10.3 A council will need to determine the appropriate length and level of detail of the SA Report bearing in mind that it is a consultation document and therefore needs to be suitable for a wide range of users. Schedule 2 (10) requires a Non Technical Summary (NTS) of the information provided in the SA Report. The NTS should summarise the information provided under Schedule 2 (1) to (9) and present the findings succinctly to facilitate the engagement process. 10.4 It is recommended that a council uses a combination of matrices and commentary to present and summarise its findings. It would be useful to draw attention to any changes to the draft plan as a result of the SA 10 Annex 10 of ‘A Practical Guide to Strategic Environmental Assessment Directive’ provides further detail on monitoring. April 2015 25 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA and also provide references to legislative requirements to show how these have been met throughout the SA Report. 10.5 As the SA will be subject to the test of soundness, the preparation of a SA report also provides an opportunity for a council to present its findings and use the SA as part of its evidence base for the draft plan. The SA report should help to integrate different areas of evidence and to demonstrate why the proposals in the draft plan are the most appropriate. Furthermore, it is likely that the SA report will be scrutinised and where possible, used by potential objectors to justify and put forward alternative proposals for the draft plan. The SA report therefore needs to be robust and comprehensive, particularly as it will likely be examined by all parties involved at the IE stage. Annex 9 provides an example of the structure and content for the SA Report. 11.0 Stage D: Consulting on the SA Report 11.1 The SA Report must be published for consultation along with the draft plan. This will facilitate a more meaningful public consultation process by enabling interested parties to make more informed judgements to demonstrate soundness when submitting representations on the draft plan. Regulation 12 of EAPP(NI) Regulations sets out the requirements for consultation which include sending a copy of documents to the consultation body (Northern Ireland Environment Agency) and inviting it to express an opinion within a specified period, publication of a notice, making the documents available for inspection and publishing the documents on a council’s website. The period for consultation must be of such length to ensure an early and effective opportunity to express an opinion on the relevant documents. 11.2 Regulation 15 of the LDP Regulations also sets out requirements for the availability of the draft plan and its supporting documents. This includes sending a copy of the draft plan and supporting documents to the consultation bodies for information. Regulation 2 of the LDP Regulations sets out the consultation bodies for the LDP process. April 2015 26 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Regulation 16 of the LDP Regulations requires the draft plan to be subject to a public consultation period of 8 weeks. 11.3 Furthermore, if a council has already engaged with a council(s) in the ROI and considers that the plan may have likely significant effects in the adjoining ROI council area, it should undertake transboundary consultations as set out under Regulation 13 of EAPP (NI) Regulations. If the Department has been notified under Regulation 13(1), it shall invite ROI to enter into transboundary consultations and where necessary, agree detailed arrangements with ROI to ensure that the public and relevant Department in ROI are consulted on the likely transboundary effects and the measures envisaged to reduce or eliminate such effects. Following such transboundary consultations, the Department shall notify the consultation body and a council of the outcome of such consultations. 12.0 Stage E: Information as to adoption of plan and preparation of SA Statement 12.1 Regulation 15 of EAPP (NI) Regulations sets out the information to be provided following the adoption of the draft plan. This includes arrangements for the availability and inspection of the draft plan and its accompanying SA report and notifying the consultation body. A council must also notify the Department if transboundary consultations have been undertaken in accordance with Regulation 13 of EAPP (NI) Regulations. 12.2 In particular Regulation 15(4) requires a council to prepare a statement to include the following information: • how environmental considerations have been integrated into the plan or programme, • how the environmental report has been taken into account; • how opinions expressed in response to consultation have been taken into account; April 2015 27 Development Plan Practice Note 4 • Sustainability Appraisal incorporating SEA how results of any transboundary consultations have been taken into account; • the reasons for choosing the plan as adopted, in light of the other reasonable alternatives dealt with; • the measures to be taken to monitor the significant environmental effects of the implementation of the plan. 12.3 In terms of SA, the statement should include information on the wider issues of sustainability as well as the environmental considerations as required by EAPP (NI) Regulations. 12.4 If changes to the draft plan are required as a result of the independent examination and the Department’s Binding Report, a council must consider whether such changes will have any likely significant effects. In doing so, it may be useful to refer back to the appraisal of alternatives in order to determine if a particular change or alternative has already been considered as part of the appraisal process. 12.5 Modifications to the SA should be proportionate to the level of change being made to the draft plan. Therefore, changes to the draft plan that are not significant should not require any further SA. A council will need to exercise judgement as whether a revised SA report will be required. 13.0 Stage F: Monitoring the implementation of the LDP 13.1 Regulation 16 of EAPP (NI) Regulations sets out the requirements for monitoring the implementation of the plan. Monitoring should help a council to identify any unforeseen adverse effects at an early stage and implement the necessary remedial action. Monitoring should focus upon the likely significant effect identified by the SA and the mitigation measures proposed to offset or reduce significant adverse effects. 13.2 Monitoring measures should be clearly linked to the SA process, with particular reference to the sustainability objectives and issues identified April 2015 28 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA during the preparation of the SA Report. Monitoring allows the actual significant effects of the implementing the plan to be tested against those predicted in the SA. Therefore, where possible, monitoring should be based on indicators which have been used to describe the baseline, the objectives of the plan and the SA. The appropriate level at which to monitor will depend on the development plan document11. 13.3 Where possible, a council may wish to use existing monitoring arrangements and information to reduce duplication of effort and maximise the efficient use of resources. As a council will be required to prepare an Annual Monitoring Report, this may also include the findings of monitoring any likely significant effects as a result of implementing the plan. 11 Annex 10 of ‘A Practical Guide to Strategic Environmental Assessment Directive’ provides further detail on monitoring. April 2015 29 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Annex 1: Requirements of Directive 2001/42/EC Preparation of an environmental report in which the likely significant effects on the environment of implementing the plan, and reasonable alternatives taking into account the objectives and geographical scope of the plan, are identified, described and evaluated. The information to be given is (Art. 5 and Annex I): a) an outline of the contents, main objectives of the plan, and relationship with other relevant plans and programmes; b) the relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan; c) the environmental characteristics of areas likely to be significantly affected; d) any existing environmental problems which are relevant to the plan including, in particular, those relating to any areas of a particular environmental importance, such as areas designated pursuant to Directives 79/409/EEC and 92/43/EEC; e) the environmental protection objectives, established at international, Community or national level, which are relevant to the plan and the way those objectives and any environmental considerations have been taken into account during its preparation; f) the likely significant effects on the environment, including on issues such as biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage including architectural and archaeological heritage, landscape and the interrelationship between the above factors*; g) the measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the plan; h) an outline of the reasons for selecting the alternatives dealt with, and a description of how the assessment was undertaken including any difficulties (such as technical deficiencies or lack of know-how) encountered in compiling the required information; i) a description of the measures envisaged concerning monitoring in accordance with Art. 10; j) a non-technical summary of the information provided under the above headings *These effects should include secondary, cumulative, synergistic, short, medium and long-term permanent and temporary, positive and negative effects The report must include the information that may reasonably be required taking into account current knowledge and methods of assessment, the contents and level of detail in the plan, its stage in the decision-making process and the extent to which certain matters are more appropriately assessed at different levels in that process to avoid duplication of the assessment (Art. 5.2) Consultation: • of environmental authorities when deciding on the scope and level of detail of the information which must be included in the environmental report (Art. 5.4) • environmental authorities and the public shall be given an early and effective opportunity within appropriate time frames to express their opinion on the draft plan and the accompanying environmental report before the adoption of the plan (Art. 6.1, 6.2) • of other countries where the implementation of the plan is likely to have significant effects on the environment of that country (Art. 7). The environmental report and the results of the consultations must be taken into account in decision-making (Art. 8) Provision of information on the decision: When the plan is adopted, the public and any countries consulted under Art.7 are informed and the following items are made available to those so informed: • the plan as adopted • a statement summarising how environmental considerations have been integrated into the plan and how the environmental report of Article 5, the opinions expressed pursuant to Article 6 and the results of consultations entered into pursuant to Art. 7 have been taken into account in accordance with Art. 8, and the reasons for choosing the plan as adopted, in the light of the other reasonable alternatives dealt with; and • the measures decided concerning monitoring (Art. 9) Monitoring of the significant environmental effects of the plan's implementation (Art. 10) Quality assurance: environmental reports should be of a sufficient standard to meet the requirements of the SEA Directive Source: A Practical Guide to the Strategic Environmental Assessment Directive, ODFM, 2005 April 2015 30 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Annex 2 - Suggested content for the SA Scoping Report Scoping Component Information to be included Purpose A brief outline of the main objectives To allow the consultation body to and contents of the local development understand the nature and content plan. of the local development plan. 1.Set the context for the local development plan A summary of relationship with other relevant plans and programmes may To allow the consultation body to affect or influence the plan being understand the policy context for the assessed. plan, particularly where other plans Summary of the likely changes to the or programmes may have a social, economic and physical significant influence on content and environment without the implementation. implementation of the plan. 2. Establish the relevant baseline information Brief summary of the environmental characteristics of those geographic areas that are likely to be significantly affected by the plan. This should include identification of the relevant environmental data/data sets to be used and possible data gaps. To allow the key social, economic environmental characteristics of the area covered by the plan and of the issues being experienced to be understood in order that the consultation body can effectively advise on the scope and level of Brief summary of environmental detail of the assessment. problems / issues experienced in the area which may affect or be affected by the plan. If known at this point, a brief description of the type and range of To allow the consultation body early reasonable alternatives that may be sight of the potential alternatives that may be assessed. assessed should be provided. 3. If available, identifying reasonable alternatives 5. Intended approach to assessment April 2015 A suitable means to gauge the effects of alternative approaches should be separately identified if the Responsible Authority intends to use a different method to the assessment method used for the draft plan. Consideration of "reasonable" alternatives required. Not all alternatives can be viable, so consideration of what ones to reject and why would also be helpful at this stage. The Responsible Authority should include in the Scoping Report a brief summary of its proposed assessment technique and the level of detail of the assessment. To allow the consultation body to get an idea of the intended approach to the assessment in order to inform their comments on the scope and level of detail. The Responsible Authority should include the proposed SA objectives, where these are to be used, and indicators, if known. The techniques selected have to be able to cover the range of sustainability issues included in the assessment. 31 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Annex 3 Review of other policies, plans, programmes and sustainability objectives relevant to the plan Document Title Objectives / Requirements Relationship / Implications of Plan / Programme for local development plan under review Summary of review Key requirements each SA Topic Area Biodiversity, Flora Fauna for Source i.e. Plan Implication for SA /Programme reviewed Framework / Objectives and Population and Health April 2015 32 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Annex 4 Suggested format for collection and presentation of baseline information SA Indicator Theme / Objective April 2015 Local Data Regional / Targets National Comparison Data Trends Issues / Source Comments of data 33 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Annex 5: An Example of a SA Framework SA Theme Objective Decision Making Criteria Prosperity and Social Inclusion To reduce poverty and social exclusion Will it reduce poverty and social exclusion, in particular in those areas most affected? Health and Wellbeing To improve the health and wellbeing of the population Will it improve services? affordability of essential Will it improve access to high quality health care? Will it encourage healthy lifestyles and provide opportunities for sport and recreation? Will it reduce health inequalities? Will it improve physical and mental health? Education and Skills To improve the education and skills of the population Housing To provide everybody with the opportunity to live in a decent home Will it reduce noise levels and concerns? Will it improve qualifications and skills of the population? Will it improve access to high quality educational facilities? Will it help fill key skill gaps? Will it increase access to affordable housing? Will it encourage a range of dwelling type, size and tenure? Will it reduce homelessness? Crime Prevention and & Community Safety Community Identity To reduce crime and antisocial activity To encourage a sense of community; identity and welfare Will it reduce actual levels of crime? Will it reduce the fear of crime? Will it encourage engagement in community activities? Will it foster satisfaction and a sense of pride in the local area? Will it increase the ability of people to influence decisions? Will it improve ethnic relations? Will it improve understanding between different communities of their respective needs and concerns? Will it encourage people to respect and value their contribution to society? Social Accessibility April 2015 To improve accessibility to key services especially for those most in need Will it improve the level of investment in key community services? Will it make access more affordable? Will it make access easier for those without access to a car? 34 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA To reduce the effect of traffic on the environment Traffic Will it reduce traffic volumes and congestion? Will it increase the proportion of journeys using modes other than the car? Will it encourage walking and cycling? Water Quality Resources & Air Quality To improve water quality; conserve water resources and provide for sustainable sources of water supply To improve air quality To conserve biodiversity Biodiversity and enhance Will it improve the quality of surface and ground water? Will it reduce water consumption and improve water efficiency? Will it improve air quality? Will it help achieve the objectives of the Air Quality Management Plan? Will it reduce emissions of key pollutants? Will it conserve and enhance habitats of borough or local importance and create habitats in areas of deficiency? Will it conserve and enhance species diversity; and in particular avoid harm to protected species? Will it conserve and enhance sites designated for their nature conservation interest at the regional or national level? Will it protect and enhance woodland cover and trees and promote their management? Will it improve access to and promote the educational value of sites of biodiversity value? Will it improve the landscape character and visual amenity of open spaces? Environmental Landscape Townscape & To maintain and enhance the character and quality of landscapes and townscapes Historic Environment & Cultural Assets To conserve and, where appropriate ,enhance the historic environment and cultural assets Climate Change To reduce contributions to climate change and reduce vulnerability to climate change April 2015 Will it enhance the quality of priority areas for townscape and public realm enhancements? Will it protect and enhance local distinctiveness and sense of place? Will it minimise visual intrusion and protect views? Will it decrease litter in urban areas and open spaces? Will it protect and enhance Conservation Areas and other sites, features and areas of historical and cultural value? Will it protect listed buildings and their settings? Will it help preserve, enhance and record archaeological features and their settings? Will it reduce emissions of greenhouse gases by reducing energy consumption and the need to travel? 35 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Will it lead to an increased proportion of energy needs being met from renewable sources? Will it reduce emissions of ozone depleting substances? Will it minimise the risk of flooding from rivers and watercourses to people and property? Will it reduce the risk of damage to property from storm events? Will it help reduce the impact of increased urban temperatures on people and property? Waste Management To minimise the production of waste and use of nonrenewable materials Land and Soil To conserve and enhance land quality and soil resources Will it lead to reduced consumption of materials and resources? Will it reduce household waste? Will it increase waste recovery and recycling and improve facilities? Will it reduce hazardous waste? Will it reduce waste in the construction industry? Will it minimise development on greenfield sites? Will it ensure that, where possible, new development occurs on derelict; vacant and underused previously developed land and buildings? Will it ensure contaminated land is remediated as appropriate? Will it minimise the loss of soils to development and maintain and enhance soil quality? Economic Growth To encourage economic growth sustainable Will it reduce the risk of subsidence heave? Will it encourage new business start-ups opportunities for local people? Will it improve business development enhance productivity? Will it improve the resilience of business the local economy? Will it promote growth in key sectors? and and and and Will it promote growth in key clusters? Will it enhance the image of the area as a business location? Economic Employment Regeneration April 2015 To offer everybody the opportunity for rewarding and satisfying employment To reduce disparities in economic performance and promote sustainable regeneration Will it reduce short and long-term local unemployment? Will it provide job opportunities for those most in need of employment? Will it help to improve earnings? Will it promote regeneration, reducing disparity with surrounding areas? 36 Development Plan Practice Note 4 Investment Sustainability Appraisal incorporating SEA To encourage and accommodate both indigenous and inward investment Will it encourage indigenous business? Will it encourage inward investment? Will it make land and property available for business development? Will it reduce commuting? Efficient Movement To encourage efficient patterns of movement in support of economic growth Will it improve accessibility to work by public transport; walking and cycling? Will it improve access between key employment areas and key transport interchanges? Will it encourage rail and water based freight movement? Source: Adapted from Sustainability Appraisal of Regional Spatial Strategies and Local Development Documents, ODPM, 2005 April 2015 37 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Annex 6 Compatibility of SA Objectives Objective 1 Objective 2 √ Objective 3 √ Objective 4 X Objective 5 SA Objectives √ Objective 1 X √ Objective 2 √ Objective 3 Objective 4 X – Incompatible √ Compatible Blank – No links Source: Sustainability Appraisal of Regional Strategies and Local Development Documents, Nov 2005. Compatibility of Plan and SA Objectives Plan Objectives Objective A Objective B SA Objectives Objective 1 Positive compatible Possible conflict Objective 2 Objective 3 Objective 4 Neutral Positive compatible Positive compatible Neutral Positive compatible Positive compatible Objective C Neutral Neutral Positive compatible Neutral Objective D Possible conflict Possible conflict Neutral Neutral Comments and recommendations: Plan Objective B versus SA Objective 1: Possible conflict as Plan Objective 2 seeks to deliver housing that meets unmet demand, whilst SA Objective A aims to meet local housing need. Recommendation: change wording of Plan Objective 2 to ‘need’ rather than ‘demand’. Plan Objective D versus SA Objective 1: Possible conflict as Plan Objective 4 is to protect greenfield land from development, but housing capacity study has shown that in order to satisfy housing need, some greenfield development will be required. Recommendation: change wording of Plan Objective 4 to prioritise brownfield development over greenfield, but not to rule out greenfield development completely. Plan Objective D versus SA Objective 2: Possible conflict as SA Objective B seeks to deliver development that reduces the need to travel, and some greenfield locations may be better placed to deliver this than some remoter brownfield sites. Recommendation: add to wording of Plan Objective 4 ‘where in line with the objective to reduce the need to travel’. Whilst the aim should be to achieve consistency between plan objectives, in practice there may be tensions between objectives. Where win-win outcomes cannot be achieved, decision-makers will need to determine where the priorities should lie and this should be recorded explicitly in the SA. Source: Sustainability Appraisal of Regional Strategies and Local Development Documents, Nov 2005. April 2015 38 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Annex 7 Suggested format for assessment of alternatives SA Objective As set out in SA Framework Option 1 Short term Option 2 Medium Term Long Term Comments/ Explanation Reasons for choosing / rejecting alternative – refer to review of other plans/ programmes, baseline, problems / issues etc Short term Medium Term Long Term Comments/ Explanation Reasons for choosing / rejecting alternative – refer to review of other plans/ programmes, baseline, problems / issues etc positive (+) negative (-)neutral (0) uncertain (?) no relationship (N/R) minor positive (+) major positive (++) minor negative (-) major negative (--) Source: Adapted from A Practical Guide to the Strategic Environmental Assessment Directive, Sept 2005 April 2015 39 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Annex 8 Suggested format for assessment of likely significant effects SA Theme / Objective Decision Making Criteria Relevant Indicator Plan Policy / proposals Effects Short Term Medium Term Long Term Summary / Comments Mitigation / Changes to policy or proposal Reasoning /justification -refer to review of other As set out in SA Baseline plans/ programmes, Framework Data baseline, problems / issues etc Also consider Interrelationship between SA objectives and secondary, cumulative and synergistic effects. positive (+) negative (-)neutral (0) uncertain (?) no relationship (N/R) minor positive (+) major positive (++) minor negative (-) major negative (--) Source: Adapted from A Practical Guide to the Strategic Environmental Assessment Directive, Sept 2005 April 2015 40 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Annex 9 An Example of structure and content for the SA Report Structure of Report Information to include Components making up the Environmental Report Table sign-posting the components of the SA Report which make up the Environmental Report for the purposes of the SEA Directive 1. Summary and outcomes 1.1. Non-technical summary 1.2. A statement of the likely significant effects of the plan 1.3. Statement on the difference the process has made to date 1.4. How to comment on the report 2. Appraisal Methodology Structure of report Information to include 2.1. Approach adopted to the SA 2.2. When the SA was carried out 2.3. Who carried out the SA 2.4. Who was consulted, when and how 2.5. Difficulties encountered in compiling information or carrying out the assessment. 3. Background 4. Sustainability objectives, baseline and context 5. Plan issues and options 6. Plan policies 7. Implementation 3.1. Purpose of the SA and the SA Report 3.2. Plan objectives and outline of contents 3.3. Compliance with the SEA Directive/Regulations 4.1. Links to other policies, plans and programmes and sustainability objectives and how these have been taken into account 4.2. Description of the social, environmental and economic baseline characteristics and the predicted future baseline 4.3. Main social, environmental and economic issues and problems identified 4.4. Limitations of the information, assumptions made etc. 4.5. The SA framework, including objectives, targets and indicators 5.1. Main strategic options considered and how they were identified 5.2. Comparison of the social, environmental and economic effects of the options 5.3. How social, environmental and economic issues were considered in choosing the preferred options 5.4. Other options considered, and why these were rejected 5.5. Any proposed mitigation measures 6.1. Significant social, environmental and economic effects of the preferred policies 6.2. How social, environmental and economic problems were considered in developing the policies and proposals 6.3. Proposed mitigation measures 6.4. Uncertainties and risks 7.1. Links to other tiers of plans and programmes and the project level (EIA, design guidance etc.) 7.2. Proposals for monitoring Source: Sustainability Appraisal of Regional Spatial Strategies and Local Development Documents, ODPM, 2005 April 2015 41 Development Plan Practice Note 4 Sustainability Appraisal incorporating SEA Further reading ‘Implementation of Directive 2001/42/EC on the Assessment of the Effects of Certain Plans and Programmes on the Environment’, European Commission ‘A Practical Guide to the Strategic Environmental Assessment Directive’, ODPM, 2005 ‘Strategic Environmental Assessment - Consultation Bodies’ Services and Standards for Responsible Authorities’, NIEA 2009 ‘From Evidence to Opportunity - A Second Assessment of the State of Northern Ireland’s Environment’, NIEA, DOE, 2013 ‘Implementation of SEA Directive (2001/42/EC): Assessment of the effects of Certain Plans and Programmes on the Environment Republic of Ireland’, Department of Environment, Heritage and Local Government, Nov 2004 ‘Sustainability Appraisal of Regional Development Documents’, ODPM, 2005 Spatial Strategies and Local Sustainability Appraisal of Unitary Development Plans in Wales, Welsh Assembly Government, 2002 Strategic Environmental Assessment Tool Kit, Scottish Executive 2006 Strategic Environmental Assessment of Development Plans, The Scottish Government, March 2010 Strategic Environmental Assessment Guidance, The Scottish Government, August 2013 Useful websites http://ec.europa.eu/environment/eia/sea-support.htm http://planningguidance.planningportal.gov.uk/blog/guidance/strategicenvironmental-assessment-and-sustainability-appraisal/ http://www.doeni.gov.uk/niea/land-home/sea-natural.htm http://www.environ.ie/en/DevelopmentHousing/PlanningDevelopment/Environ mentalAssessment/EIASEAGuidance/ April 2015 42 Planning Guidance Team Causeway Exchange 1-7 Bedford Street Belfast BT2 7EG Tel: 0300 200 7830 Email: [email protected]
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