ut is strongly linked to the existing planning system and the environmental and sustainabilityconsiderations.8.1.1 Findings from the review of the national implementationReturning to the aim of the thesis, i.e. to shed light on the experiences of the introduction ofthe <strong>SEA</strong> directive 2001/42/EC in Sweden, Iceland and England and the overall researchquestion; how the transposition of the <strong>SEA</strong> directive to the national legal framework differ andhow do those differences relate to the countries’ national planning contexts? On the basis of theresearch the following conclusions can be presented: the way that the <strong>SEA</strong> directive has been legallytransposed in three countries differs with regard to the legal context to which the requirements havebeen introduced. The <strong>SEA</strong> requirements have been introduced to the existing Environmental Code inSweden, as a separate <strong>SEA</strong> Act in Iceland and <strong>SEA</strong> Regulations in England. The national <strong>SEA</strong>requirements follow closely the contents of the <strong>SEA</strong> directive, with minor adjustments to existinglegislation.When looking beyond the legal requirements of <strong>SEA</strong> in national legislation, i.e. the way that thedirective’s requirements have been presented in the planning context, the expectations of thedirective’s implementation and the contents of national guidelines more prominent differences appear.The context to which <strong>SEA</strong> is introduced differs to a great degree, i.e. the existing practice of planningand environmental integration as well as the existing requirements on environmental assessment andexperience of <strong>SEA</strong> application prior to the directive. In that way the supposition presented at thebeginning of the thesis can be argued to be partly true, i.e. the differences of the legal transposition ofthe directive can be regarded to be insubstantial, but the national context, expectation and guidelinesfor application and the planning context differs and is likely to have effect on the actual application ofenvironmental assessment in planning.8.1.2 Findings from review of the academic discussionThe academic discussion on <strong>SEA</strong> traces back much further in time than the discussion of theneed of <strong>SEA</strong> within the European Commission or the introduction of the directive2001/42/EC. Similarly, the discussions on the need of <strong>SEA</strong> and pilot studies in the nationalcontext were carried out long before the directive 2001/42/EC was introduced to nationallegislations. The expectations and ideas of <strong>SEA</strong> have changed over time, and a certain trendcan be identified although the ideas reflected in the discussions are still quite diverse. Amongthe noticeable trend is that the <strong>SEA</strong> discussion has moved from its past concerned withcomparing and separating the instrument from Environmental Impact Assessment;discussions on the appropriate timing of the application and the scope of the assessment,towards <strong>SEA</strong> promotion as an instrument for supporting decision making for sustainabledevelopment, taking a broader approach than just the environmental aspects of theassessment and addressing social and economic aspects on par with those (Dalal-Clayton,Sadler 2005). As a part of this move, several researchers refer to the need of developing <strong>SEA</strong>beyond the environmental focus and promoting the term impact assessment (IA) instead.Furthermore, the importance of knowledge of the context to which <strong>SEA</strong> is introduced isbeing highlighted by a growing number of researchers. The <strong>SEA</strong> instrument is inseparablefrom the existing planning system and knowledge of the planning and institutional context isa prerequisite for understanding for the potential role and achievements that <strong>SEA</strong> can have.When examining the <strong>SEA</strong> literature in order to shed light on how the issue of context hasbeen dealt with, it was found that much of the <strong>SEA</strong> literature presents general <strong>SEA</strong> principlesthat shall be introduced to and eventually change existing decision making, or introducesquite stringent methodological aspects, introducing steps of the <strong>SEA</strong> conduction that shall befollowed. Neither of these approaches have much acknowledgement of the contexts in whichthe <strong>SEA</strong> is introduced. Nevertheless, several authors within the <strong>SEA</strong> field have acknowledgedthe importance of context in relation to <strong>SEA</strong> implementation. According to Hilding-Rydevikand Bjarnadóttir (2007), the recognition of context has most often appeared in relation to the114
importance of improved knowledge and understanding of the planning system. However,despite the recognition of the relevance of context in academic literature, there are limitedattempts of defining or pinpointing the individual components that make up the <strong>SEA</strong>implementation.Comparing the findings from the review of the introduction of the requirements of thedirective nationally in the three countries studied, the expectations of <strong>SEA</strong> illustrated in thelegislations resemble more the EU directive than the much of the academic literature on <strong>SEA</strong>,with nearly direct application of the aims of the directive in the legislation. All the countriesadhere closely to the contents of the directive in their legal application and none of thecountries studied request stricter requirements. However, para-<strong>SEA</strong>s already appliednationally often have a wider scope than the legal requirements. This is particularly the case inrelation to the more encompassing aims (including the political endorsement) of sustainabledevelopment. All the countries have national programmes and strategies to achievesustainable development where land use planning is identified as an important tool tofulfilling its goals. In England this commitment was embodied with the requirement ofpreparing Sustainability Appraisal for plans and programmes that unlike <strong>SEA</strong> should alsoencompass economic and social aspects as well as environmental ones. The legalimplementation of the <strong>SEA</strong> is unlikely to change this practice, as the <strong>SEA</strong> requirements shallbe integrated into the existing practice of Sustainability Appraisal. Likewise, the pre-directivepractice of Swedish application of impact assessment of comprehensive municipal plans hasalso encompassed social and economic aspects on par with environmental ones. Howeversustainable development initiatives have met the criticism that it has become too streamlinedand that the environmental aspects fade away in the wider context of sustainabledevelopment, often led by economic interests. In Iceland, the introduction of the directiveappears to strengthen an <strong>SEA</strong> approach that was under development when the directive2001/42/EC was introduced, based upon a strong linkages with the existing planning processand focus on environmental aspects, much in line with the requirements introduced by thedirective. In that way, the directive is regarded as an instrument that can support an on-goingchange in the revision of planning with regard to its strategic components and possibilities forpublic participation.With regard to the empirical evidence assembled in the three countries studied as a partof this research, the symptoms that the introduction of the <strong>SEA</strong> directive shall solve are noteasily identifiable. Furthermore, the ‘added value’ cannot easily be discerned in the <strong>SEA</strong> orplanning discussion, even to the extent that the main purpose of the implementation of the<strong>SEA</strong> directive is to fulfil the EU requirement as is the case in the English implementation ofthe directive.8.2 The bearing of the planning contextIt could be argued that the strength of <strong>SEA</strong> and its largest potential influence for fulfilling itsaims is its connection to existing planning instruments. In that way it is not faced with thesame risk of fading away or becoming ’a paper tiger’ as has been the case with some otherenvironmental initiatives. This is however also the limiting factor of <strong>SEA</strong> since the nationalcontext, institutional framework and planning systems to which it is introduced provides aframework that gives a clear limitation of what <strong>SEA</strong> can achieve. First and foremost it mustbe relevant to understand the context to which the directive is introduced. This does not onlyrelate to the institutional factors, i.e. the legislation and main actors responsible for theimplementation but also the actual steps of the process to which <strong>SEA</strong> is introduced. Thisrequires an understanding of the planning system that often is described in an overlysimplified manner – as a rationalistic and clearly tiered system.115
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