Sustainability & Environmental Appraisal Tools Handbook. Section 4: Environmental Impact Assessment

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1 Sustainability & Environmental Appraisal Tools Handbook Section 4: Environmental Impact Assessment

2 Contents How to use this Guidance 3 Introduction 4 What is Environmental Impact Assessment? 4 Why is Environmental Impact Assessment Important? 4 When is Environmental Impact Assessment Required? 4 How to Undertake an Environmental Impact Assessment 5 Baseline Data 5 Screening 5 Scoping 6 Consultation 6 Impact Assessment 7 Post Project Monitoring 7 Cost and Timescales 7 Quality Assurance 7

3 How to use this guidance This guidance forms Chapter 4 of the MOD Sustainability and Environmental Appraisal Tool Handbook ( the Handbook ). It provides information on Environmental Impact Assessment. Section 4.1: Section 4.2: Section 4.3: Section 4.4: What is an Environmental Impact Assessment? Why Environmental Impact Assessment is important? When is Environmental Impact Assessment required? How to undertake an Environmental Impact Assessment Who is the guidance aimed at? This guidance provides a basic level of understanding to meet statutory and policy requirements within MOD and is targeted at Requirement Mangers, Project Managers and Project Team Leaders. Box 4.1 EIA Guidance & Policy EIA Guidance and Implementation: DIO Environmental Planning Team (EPT): [email protected] EIA Policy JSP 850 Infrastructure and Estate Policy Awaiting Publication. Please refer to JSP 418. FMC Capability Infrastructure: [email protected] MOD is always seeking to learn from good practice to improve the ways that guidance is provided. Please any suggestions or feedback to [email protected] Section Four EIA 2 Version 7.0 September 2015

4 What is Environmental Impact Assessment? Environmental Impact Assessment (EIA) is a multi-staged process to consider and manage the likely significant environmental effects of a proposed project. EIA should be iterative, undertaken in parallel with project processes and allow the consideration and incorporation of environmental effects and mitigation The output of EIA is an Environmental Impact Assessment Report (EIAR) (UK legislation, may refer to this as an Environmental Statement), which will accompany application(s) for development consent and provide environmental impact information to inform the consenting process. EIA considers effects on a range of environmental topics and considers the inter-relationships between projects (the cumulative effects). Why is Environmental Impact Assessment important? EIA is a statutory requirement for certain projects, and it is essential to provide sufficient environmental information in order for consenting authorities, e.g. Local Planning Authorities, Marine Management Organisation etc. to grant development consents and licences As part of the consenting process, EIA involves consultation with statutory bodies and the public, with decisions and reports published. When is Environmental Impact Assessment required? The requirement for EIA in Europe arises from European Directive 2011/92/EU as amended (the EIA Directive). Nationally, it is enacted through multiple EIA legislation specific to certain types of projects which are likely to have significant effects on the environment EIA has been widely adopted in various forms worldwide and should be a consideration in whichever country a project is proposed to ensure compliance with the host nation laws and MOD policy EIA is only required for projects which are likely to have significant effects on the environment. This will be determined through EIA screening The requirement for EIA should be considered as early as possible in the project process. Defence Exemption to EIA It may be possible for a defence exemption to the EIA Directive to be granted, however it should be noted that the defence exemption to EIA has been very rarely applied. The authorisation must be provided at Ministerial level If the EIA defence exemption is granted for any project, careful consideration should be given to how the requirements of the SofS for Defence Policy Statement on Health, Safety and Environmental Protection will be met. Section Four EIA 3 Version 7.0 September 2015

5 How to undertake an Environmental Impact Assessment EIA must be undertaken by suitably qualified and experienced experts. DIO EPT Subject Matter Experts (SMEs) will be able to advise whether a project is likely be an EIA project, assist with screening, scoping and assessment and help with the procurement and management (review of external outputs) of EIA consultants. Contact details are provided in Box The developer of an EIA project is responsible for EIA as part of the consenting process. For DIO projects the Requirements Manager or Project Manager will generally be responsible for procurement of EIA through external consultants or through DIO/MOD SMEs. Baseline data Early consideration of environmental effects should begin at the inception of the project and continue through the project processes as part of the Sustainability Appraisal (Section 2 of the Handbook). This should allow early identification of the baseline data available and requirements for further data gathering e.g. through environmental surveys or desk based studies Enough time must be allowed for gathering baseline information in the project programme. This is particularly important where surveys have seasonal constraints or require more than one year of data (e.g. ecological surveys) Baseline data sets the context for assessing the environmental effects of a proposed project. Data can be gathered in parallel to the project and EIA processes but must be fully defined in time to allow the assessment to be completed. Screening Screening is the process for consenting authorities to determine whether a project requires EIA. The request for EIA screening would normally be accompanied by a screening report providing environmental data, description of effects and evidenced based judgements regarding the effects significance and potential mitigation to assist consenting authorities in their reaching determination. Written evidence of this decision should be kept, minimising the risk of planning refusal, project delay and providing early identification of the resource implications for MOD Multiple EIA legislation may apply to any given project and more than one consenting authority from whom a screening determination may be required. Expert advice and consultation with consenting authorities will determine the requirement(s) EIAs can have major cost and/or programme implications for projects. In addition, if EIA is required, permitted development rights under the Town and Country Planning legislation will be lost. For these reasons, effective EIA screening is important to avoid undertaking unnecessary EIA and to preserve permitted development rights where possible For screening to be undertaken, the required extent of project information is limited to the characteristics of a project, its location and the potential impact. This means that screening can be undertaken early in the project (e.g. Identifying Option Stage) and a screening determination request could be submitted as part of pre-application discussions with the consenting authority. Section Four EIA 4 Version 7.0 September 2015

6 Preparing a request for a screening determination and obtaining a determination from the consenting authority(s) can take approximately between 4 to 13 weeks depending whether of baseline data needs to be gathered and on the complexity of the project. Scoping Scoping is undertaken for a consenting authority to determine the likely significant environmental effects that require assessment. This gives the EIA focus only on the likely significant effects of a proposed project that will be reported in the EIAR A scoping determination will be requested from the consenting authority and should be accompanied by a scoping report. The scoping report should consider potential mitigation and identify the likely significant effects of the project to be taken forward for assessment. It should also explain and justify why other project effects are not significant and not be included in the assessment For consistency of approach and ease of reference, when preparing a scoping request consideration should be given to considering the potential impacts under the Sustainability Appraisal themes considered in Section 2 (Appendix 2E) of the Handbook The scoping determination should be sought as soon as the project is sufficiently mature for the likely significant effects of the project to be clear. Screening and scoping may be combined The Directive does not provide a timeframe for the scoping process; however, under UK legislation it will normally take between 4 to 13 weeks including preparing a request for a scoping determination, consultation by the consenting authority(s) and receipt of the scoping decision from the consenting authority(s). Consultation Consultation with the consenting authority will be undertaken as part of the consenting process and, if appropriate, through MOD voluntary consultation, e.g. with neighbouring residents, through conservation groups or other non-statutory consultees. For complex or contentious projects a communications strategy is recommended and expert advice should be sought for example from EPT There may be other statutory consultees to be consulted by the consenting authority to agree the scope of an EIA The public and non-statutory consultees will be consulted as part of the consenting process and all decisions regarding screening, scoping and the final project consents should be published by the consenting authority to allow comment from all interested parties. Impact Assessment and preparation of the EIAR Impact Assessment is the process of assessing the likely significant environmental effects of a proposed project to provide an evidence base to allow a consenting authority to make a sound consenting decision. The likely significant environmental effects are reported taking into account Section Four EIA 5 Version 7.0 September 2015

7 mitigations in the EIAR. It should be noted that mitigations proposed in the EIAR may become legal obligations through conditioning of development consents The EIAR is a legal requirement to accompany development consent for an EIA project Generally, the consenting authorities take 16 weeks or longer to make a decision on an EIA project. This also allows time for the statutory consultees and the public to submit any comments on the EIAR. Consenting authorities can request the provision of further information before determining the application or request further time in which to make its decision. Post project monitoring In order to monitor the effects of the project, post project monitoring may be required by conditions attached to consents. Cost and Timescales for an EIA The time taken to complete an EIA will depend on the size, complexity and location of the proposed project, the requirement to gather baseline data and seasonal factors. It can take between 4 and 18 months It is difficult to define a typical cost. Carrying out the full EIA, will vary from approximately 30,000 for smaller development, to 300,000+ for large complex projects. Quality Assurance It is important that the EIAR produced for a project is legally compliant, that robust methodologies are used for the impact assessments and there is a high standard of presentation Consultants undertaking EIA should be suitably qualified and experienced experts. This would normally mean that individual assessors have a record of accomplishment of undertaking EIA and are members of professional bodies relevant to their specialisms and the consultancy carry the Institute of Environmental Assessment and Management Quality Mark. Assistance should be sought from DIO EPT before procuring consultants to undertake EIA. Contact details are provided in Box Failure to provide an appropriate quality of EIA can lead to refusal of development consent(s) or the revocation of consent(s) because of legal challenge. Other implications of a poor quality EIA can include delays in obtaining development consent, onerous and unnecessary conditioning of consents and reputational damage to MOD. Section Four EIA 6 Version 7.0 September 2015