SEA IN THE CONTEXT OF LANDTUSE PLANNING

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ICELAND SWEDEN ENGLANDNATIONALCONTEXTIntroduction ofSEA into thenational legalframeworkSEA Act in 2006.Previous requirements forEnvironmental Assessmentin 1997.Changes to the EnvironmentalCode SFS 2004:606, Planningand Building Act SFS2004:603, Ordinance ofEnvironmental AssessmentSFS 2005:356. Legal requirementsof Impact Assessmentof municipal comprehensiveplans since 1997.SEA Regulation forEngland SI 2004,No.1633.Separatelegislation?Yes, the SEA ActNo, included in the EnvironmentalCode and the PBAA separate SEA regulationIntegrated inother existinglegislation?SEA requirements in thePlanning and Building Act(1997). Reference to SEAin other legislations.Yes, main grounds in theEnvironmental Code. Alsoincluded n in the Planning andBuilding Act and reference toSEA in other legislations.Included in the Planningand Compensation Act.Expectationstowards thedirective andits introduction-illustrated innational policyand otherdocumentsHigh expectations of thedirective as a tool for”modernising the planningsystem”.Governmental instructions thatstipulate that the SEA requirementsshall be introduced withminimum disturbance ofexisting system ofenvironmental assessment.Focus on what needs tobe done on top of thealready existing experienceof SA. History ofreluctant attitude towardsadd-on environmentalrequirements to planningCONTENTSOF THE SEAREQUIRE-MENTSAims andobjectives ofthe draft SEAAct (Article 1)Aim of the legislation is topromote sustainable developmentand reduce considerablenegative environmentaleffects with environmentalassessment ofcertain planning- anddevelopment programmesthat are likely to result inconsiderable effects on theenvironment.The aim of the environmentalassessment is to integrateenvironmental aspects in theplan or the programme in orderto promote sustainabledevelopment. (EnvironmentalCode, 6 chapter, art. 11).No separate SEAobjectives in theregulations.Article 3. Thescreening of∗ The implementation followsin principle the contents of∗ The relevant planningauthorities decide whether an∗ The relevant planningauthorities decide whether∗ The implementation follows in principle the contents of the directive 2001/42/EC. The main divergences arethe following: The national Planning Agency makes the screening decision, not the accountable planningauthorities. The decision of the Planning Agency can be appealed to the Minister of the Environment.110
the SEArequirements,i.e. whichplans andprogrammesare coveredby thedirective2001/42/EC.the directive 2001/42/EC.The main divergences arethe following: The nationalPlanning Agency makes thescreening decision, not theaccountable planningauthorities. The decision ofthe Planning Agency can beappealed to the Minister ofthe Environment.SEA is needed afterconsultation with statutorybodies at the local and nationallevels.an SEA is needed afterconsultation with statutorybodies at the local andnational levels.Article 5. Theenvironmentalreport.Contents etc.∗ Requirements on thecontents of the environmentalreport follow inprinciple the SEA directive.May either be presented asa separate report orintegrated in the plan or theprogramme.∗ Requirements on the contentsof the environmentalreport follow in principle theSEA directive. The environmentalreport may either bepresented as a separate reportor integrated in the plan or theprogramme. Important thatreference is made to theenvironmental quality goals.∗ Requirements on thecontents of the environmentalreport follow inprinciple the SEA directive.The environmentalreport may either bepresented as a separatereport or integrated in theplan or the programme.Article 6.Consultations.∗ Consultation shall bemade at two stages. Duringscoping consultation needsonly to be made with thePlanning Agency. During thepresentation of the plan orthe programme the publichas six weeks to makecomments.∗ Consultation shall be madeat two stages. During scopingconsultation with regulatoryauthorities. During the presentationof the plan or the programmeconsultation is madewith regulatory authorities andthe public ‘within the appropriatetime frames’.∗ Consultation shall bemade at two stages.During scoping consultationwith regulatoryauthorities. During thepresentation of the plan orthe programme consultationis made with regulatoryauthorities and thepublic ‘within theappropriate time frames’.Article 8.Decisionmaking.∗ Requirements on thecontents of the environmentalreport follow inprinciple the SEA directive.May either be presented asa separate report or integratedin the plan or theprogramme.∗ Requirements on the contentsof the environmentalreport follow in principle theSEA directive. The environmentalreport may either bepresented as a separate reportor integrated in the plan or theprogramme. Important thatreference is made to theenvironmental quality goals.∗ Requirements on thecontents of the environmentalreport follow inprinciple the SEA directive.The environmentalreport May either bepresented as a separatereport or integrated in theplan or the programme.RELATIONTO EXISTINGPRACTICEOR OTHERINSTRU-MENTSRelation toexisting EIArequirementsClear aim to separate theSEA objective, as well asthe SEA process from theexisting processes of EIA.See above. Main legal implementationin the EnvironmentalCode, merged with the EIArequirement. Aim to avoidduplication.No reference in the SEAregulation nor thePlanning and CompulsoryPurchase Act.111
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sea in the context of land-useplann
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Blekinge Institute of Technology Li
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AcknowledgementsThis thesis has dev
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CHAPTER 5 INTRODUCTION OF SEA TO TH
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PART I - Introduction to the resear
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In this research the introduction o
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my studies and work in the area as
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FIGURE 1.1. BASIC TYPES OF CASE-STU
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• Process/Strategy Model; i.e. co
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Chapter 2The SEA Directive 2001/42/
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was extended again to also encompas
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The plans and programmes referred t
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effects), with less attention given
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widespread voluntary application of
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assessment instruments such as Risk
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3.1.4 The origins of SEA and its re
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3.2 Relevance of planning theory fo
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development of its central ideas an
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aspects of environmental considerat
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FIGURE 3.2. SEA TOOLS IN RELATION T
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planning theory in respect of envir
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Chapter 4 Introduction of SEA to th
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to the ordinance (2005:356), the fo
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planning area and the 0-alternative
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4.4 Preparation work for SEA applic
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Housing and Planning has argued tha
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Municipal comprehensive plans (öve
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4.6.2 On-going legal revisionsOn-go
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Page 105 and 106: system. This notion is reinforced b
Page 107 and 108: Who decides?The authorities respons
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Page 119 and 120: Chapter 8 FindingsThe aim of the re
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Page 123 and 124: At the same time HB has had access
Page 125 and 126: References and documentsAlfredsson,
Page 127 and 128: Christoferson, I. (ed), (2001) Swed
Page 129 and 130: Kørnøv, L. (1999) Integrating SEA
Page 131 and 132: Sheate, W., Byron, H., Dagg, S. and
Page 133 and 134: European Union’s publicationsEC (
Page 135 and 136: English documents:Countryside Counc
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SEA IN THE CONTEXT OF LANDTUSE PLANNING

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