The coalition government Communities Secretary, Eric Pickles, in announcing the publication of an Environmental Impact Assessment (EIA) consultation on 9 August claimed it will reduce “red tape” and make it “easier for developers to green-proof their building projects”.
These proposals are welcomed in that they ensure compliance with EU legislation, however independent planning consultants DPP warns it is unlikely to reduce the administrative burden on developers embarking on EIA projects.
The consultation, Town and Country Planning (Environmental Impact Assessment) Regulations 2010, has been billed by the government as “swift action” that will allow councils and businesses to “benefit from a simpler system for assessing the impact of development on the local environment”. Eric Pickles has said that the consultation proposals will “avoid unnecessary repetition of work during the planning process for multi-stage projects, saving over £200m a year.”
However Kate McClean, a principal planner in the Manchester office of DPP argues that the way Eric Pickles has framed this announcement is at best misleading, and that it will not reduce costs and delays associated with EIA developments.
“The consultation document does indeed reduce the collection of regulations and associated guidance, yet this does not correspond to the weighty changes made to the content. The document principally makes necessary amendments to English law as a result of two judgements from the European Court of Justice,” says Kate.
“These judgements relate to changes in process and in no way compel developers to ‘green- proof’ their developments; nor does it make it easier for councils and businesses to reduce negative impacts upon the environment, as suggested by Mr Pickles.”
Nigel Cussen, a partner of the Leeds office of DPP adds: “The direct impact upon developers arising from the proposed amendments will be where they have schemes involving a change or extension to an existing building or operation. The Baker case established that when determining whether EIA is required, planning authorities must look at the effect of the development or operation as a whole, assessed cumulatively. The current 1999 regulations covering England and Wales require assessment of the extension alone. This was found to be an incorrect interpretation of the EU Directive and an amendment was required.”
“This amended process will potentially necessitate more EIA and not lessen it. This is not the brain child of Mr Pickles as the CLG press release suggests, nor does it reduce red tape.”
The government’s own announcement can be viewed via the following link:
http://www.communities.gov.uk/news/corporate/1682216
The consultation document can be viewed via the following link:
http://www.communities.gov.uk/documents/planningandbuilding/pdf/1682192.pdf
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Email: ceri@redwoodconsulting.co.uk