SEA IN THE CONTEXT OF LANDTUSE PLANNING

SEA IN THE CONTEXT OF LANDTUSE PLANNING SEA IN THE CONTEXT OF LANDTUSE PLANNING

13.07.2015 Views

Who can participate?The consultative bodies that are consulted as a part of the scoping phase, the presentation ofthe draft plan and programme and the environmental report include the regulatory authoritiesand the County Administrative Board, as well as other state authorities and municipalities inSweden, regulatory authorities and municipalities in Iceland and the Countryside Agency, theHistoric Buildings and Monuments Commission for England (English Heritage), EnglishNature and the Environmental Agency in England. During the presentation of theenvironmental report both the public and statutory bodies are invited to participate in theconsultation in all the countries. However, the definition of the public differ between thecountries, whereas in Iceland all member of the public are entitled to participate, formalconsultation in Sweden is stipulated in chapter 16 of the Environmental Code where it isstated that only those organisations that have operated in Sweden for at least three years andhave more than 2,000 members are entitled to participate in the consultation but a furtherdefinition of the relevant public is not provided. According to the ODPM’s guide theResponsible Authority identifies the public to be consulted on a particular plan or programmeand its Environmental Report. Member States likely to be affected by the plan or programmeshall be consulted on the contents of the environmental report and the draft plan orprogramme in all three countries as well as information regarding monitoring shall be madeavailable.How is the consultation carried out?According to the Swedish Environmental Protection Agency’s draft guidance publicconsultations shall in principle be carried out during public meetings, or through acombination of meetings, public display and presentations (Naturvårdsverket 2008). InIceland the minimum requirements for consultation are listed in the Act on EnvironmentalAssessment of Plans and programmes no. 105/2006. In the Act the requirements state thatthe environmental assessment must be accessible and issued in the Legal Gazette, a nationalnewspaper and on the Internet. However, in the guidelines for Environmental Assessment ofplans and programmes (Planning Agency 2007) consultation beyond the minimumrequirements included in the Act is recommended. In England the requirements on the publicconsultations entail that the accountable authorities shall inform the public consultees of theaddress at which a copy of the relevant documents may be viewed or obtained. In none of thethree countries public consultation meetings for the SEA is a statutory requirement.7.2.4 Article 8. Decision-makingAll the national legislations include a requirement that the planning authorities shall, beforeadopting the plan or the programme, account for how the environmental knowledgeassembled during the assessment has been and integrated in the plan or the programme, howthe views from the consultations have been considered, reasons for the chosen alternativewith regard to other alternatives studied. To which extent this shall be done during theplanning process, or merely before the adoption of the plan or the programme is notstipulated in any of the countries’ legislations or guidelines.7.3 Past experiences of SEA application and existing practiceThe previous experience of SEA application, including a development of a SEA methodologyor even legal demands of conducting SEA, is the basis upon which the application of theSEA directive builds. Looking at the experience of applying similar instruments also forms animportant basis for envisaging the potential impacts of the introduction of the directive’srequirements in the planning system. All the countries have conducted SEA in some formprior to the directive and have developed tools to systematically assess the effect of strategic102

plans at the municipal level (Impact Assessment in Sweden, Environmental Assessment inIceland and Sustainability Appraisal in England). Sweden and Iceland have had statutoryrequirements on assessment at strategic levels sine 1997.In Sweden a requirements on municipal authorities to account for the impacts ofmunicipal comprehensive plans was introduced to the Planning and Building Act in 1997.According to the PBA the assessment should combine assessments of environmental, socialand economical aspects and the impacts or consequences of a plan must be stated clearly inthe planning document and must be available during the public participation process. Therequirements are however not specific in respect of the contents, extent or the methodologyused in the impact assessment and the numerous impact assessments that have been carriedout represent a broad scope of assessments. The impact assessment demands resulted in onlya small number of Swedish municipal authorities carrying out environmental assessment oftheir municipal comprehensive plans (Bjarnadóttir and Åkerskog 2003). Prior to therequirements in the PBA several examples of voluntary conduction of the an environmentalassessment process can be found that resembles SEA (Asplund and Hilding-Rydevik 1996b).Voluntary conduction of environmental assessment has also taken place in sector planning,most notable the transport sector. The practice of environmental assessment has beenactively encouraged by national governmental agencies, including the National Board ofHousing, Building and Planning and the Swedish Environmental Protection Agency, theNational Heritage Board and the Swedish Road Administration that have carried out studiesillustrating and reviewing existing practice, as well as prepared guidelines on the conductionof SEA. Reviews of the application of impact assessment in municipal plans have shown thatthe way that the practices of Impact Assessment varied greatly as regard to their contents andscope, some focused exclusively on the environmental impacts, while others resembled moresustainability assessments. The way that the results were documented was furthermore oftennegligent and the way that the results of the assessment was considered in the decisionmaking process furthermore unclear (Bjarnadóttir and Åkerskog 2003, Åkerskog 2006).It can be claimed that in Iceland the ‘ethos’ of strategic environmental assessment hadbeen embraced by the national planning authorities prior to the requirements of the directive(Skipulagsstofnun 2003). Several examples of SEA initiatives can be found at the municipaland regional level and environmental assessment was actively encouraged by the nationalPlanning Agency in the form of pilot studies as early as 1990. The earliest voluntaryassessments for plans that were carried out in areas faced with planning conflicts and whereSEA was used as an additional decision-making support to the statutory planning process.However, most examples of environmental assessments were conducted after the year 2000and were conducted on land use planning proposals at the municipal level. A few assessmentwere also carried out on regional land use plans and plans for infrastructure projects. Thoselater examples were carried out after the environmental assessment provisions introduced inthe Planning and Building Act of 1998, and most of the SEA trials have been conducted inthe basis of these requirements. Furthermore, integrated SEA was actively encouraged by thenational Planning Agency, which provided support and advice and prepared guidelines,including the usage of strategic environmental assessment.Prior to the introduction of the EU Directive, England had no statutory provisions forSEA. Nevertheless, several types of SEA processes had emerged during the 1990s includingappraisal of national policies, environmental appraisal (later sustainability appraisal) of localand regional development plans and ad-hoc SEAs were carried out in specific sectors such astransport plans and water management plans. The national authorities have encouraged thepreparation of Sustainability Appraisal through the preparation of guidelines, as well as theimportance of sustainability appraisal is highlighted in the first and revised UK strategies for103

plans at the municipal level (Impact Assessment in Sweden, Environmental Assessment inIceland and Sustainability Appraisal in England). Sweden and Iceland have had statutoryrequirements on assessment at strategic levels sine 1997.In Sweden a requirements on municipal authorities to account for the impacts ofmunicipal comprehensive plans was introduced to the Planning and Building Act in 1997.According to the PBA the assessment should combine assessments of environmental, socialand economical aspects and the impacts or consequences of a plan must be stated clearly inthe planning document and must be available during the public participation process. Therequirements are however not specific in respect of the contents, extent or the methodologyused in the impact assessment and the numerous impact assessments that have been carriedout represent a broad scope of assessments. The impact assessment demands resulted in onlya small number of Swedish municipal authorities carrying out environmental assessment oftheir municipal comprehensive plans (Bjarnadóttir and Åkerskog 2003). Prior to therequirements in the PBA several examples of voluntary conduction of the an environmentalassessment process can be found that resembles <strong>SEA</strong> (Asplund and Hilding-Rydevik 1996b).Voluntary conduction of environmental assessment has also taken place in sector planning,most notable the transport sector. The practice of environmental assessment has beenactively encouraged by national governmental agencies, including the National Board ofHousing, Building and Planning and the Swedish Environmental Protection Agency, theNational Heritage Board and the Swedish Road Administration that have carried out studiesillustrating and reviewing existing practice, as well as prepared guidelines on the conductionof <strong>SEA</strong>. Reviews of the application of impact assessment in municipal plans have shown thatthe way that the practices of Impact Assessment varied greatly as regard to their contents andscope, some focused exclusively on the environmental impacts, while others resembled moresustainability assessments. The way that the results were documented was furthermore oftennegligent and the way that the results of the assessment was considered in the decisionmaking process furthermore unclear (Bjarnadóttir and Åkerskog 2003, Åkerskog 2006).It can be claimed that in Iceland the ‘ethos’ of strategic environmental assessment hadbeen embraced by the national planning authorities prior to the requirements of the directive(Skipulagsstofnun 2003). Several examples of <strong>SEA</strong> initiatives can be found at the municipaland regional level and environmental assessment was actively encouraged by the nationalPlanning Agency in the form of pilot studies as early as 1990. The earliest voluntaryassessments for plans that were carried out in areas faced with planning conflicts and where<strong>SEA</strong> was used as an additional decision-making support to the statutory planning process.However, most examples of environmental assessments were conducted after the year 2000and were conducted on land use planning proposals at the municipal level. A few assessmentwere also carried out on regional land use plans and plans for infrastructure projects. Thoselater examples were carried out after the environmental assessment provisions introduced inthe Planning and Building Act of 1998, and most of the <strong>SEA</strong> trials have been conducted inthe basis of these requirements. Furthermore, integrated <strong>SEA</strong> was actively encouraged by thenational Planning Agency, which provided support and advice and prepared guidelines,including the usage of strategic environmental assessment.Prior to the introduction of the EU Directive, England had no statutory provisions for<strong>SEA</strong>. Nevertheless, several types of <strong>SEA</strong> processes had emerged during the 1990s includingappraisal of national policies, environmental appraisal (later sustainability appraisal) of localand regional development plans and ad-hoc <strong>SEA</strong>s were carried out in specific sectors such astransport plans and water management plans. The national authorities have encouraged thepreparation of Sustainability Appraisal through the preparation of guidelines, as well as theimportance of sustainability appraisal is highlighted in the first and revised UK strategies for103

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