SEA IN THE CONTEXT OF LANDTUSE PLANNING

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2.4 The concept of planning illustrated in the directivePlans and programmes are the objects through which the objectives of the Directive shall beachieved. The provisions for determining the scope of application of the Directive, i.e.which plans and programmes are included in the Directive are mainly expressed in tworelated articles: Firstly, Article 2 sets out certain characteristics of the plans and programmesthat the Directive applies to.Article 2(a) ‘plans and programmes’ shall mean plans and programmes, including those co-financed by theEuropean Community, as well as any modifications to them:— which are subject to preparation and/or adoption by an authority at national, regional or local level orwhich are prepared by an authority for adoption, through a legislative procedure by Parliament orGovernment, and— which are required by legislative, regulatory or administrative provisions;Secondly, Article 3 sets out, in paragraphs 1 – 4, rules for determining which plans andprogrammes are likely to have significant effects on the environment and must therefore besubject to environmental assessment. In paragraph 1 the requirements for an environmentalassessment of certain plans and programmes which are likely to have significantenvironmental effects is listed. In paragraphs 2, 3, 4 the categories of plans and programmeswhich require assessment are defined and paragraph 5 specifies how the screening of plansand programmes shall be done. This includes e.g. that a SEA shall be carried out for plansand programmes prepared for agriculture, forestry, fisheries, energy, industry, transport, wastemanagement, water management, telecommunications, tourism, town and country planningor land use. Furthermore, plans and programmes which set the framework for the futuredevelopment consent of projects listed in Annexes I and II of the Council Directive97/11/EC (EIA directive) shall always undergo a SEA.Article 31. An environmental assessment, in accordance with Articles 4 to 9, shall be carried out for plans andprogrammes referred to in paragraphs 2 to 4 which are likely to have significant environmental effects.2. Subject to paragraph 3, an environmental assessment shall be carried out for all plans andprogrammes, (a) which are prepared for agriculture, forestry, fisheries, energy, industry, transport,waste management, water management, telecommunications, tourism, town and country planning orland use and which set the framework for future development consent of projects listed in Annexes Iand II to Directive 85/337/EEC, or (b) which, in view of the likely effect on sites, have been determinedto require an assessment pursuant to Article 6 or 7 of Directive 92/43/EEC.3. Plans and programmes referred to in paragraph 2 which determine the use of small areas at locallevel and minor modifications to plans and programmes referred to in paragraph 2 shall require anenvironmental assessment only where the Member States determine that they are likely to havesignificant environmental effects.4. Member States shall determine whether plans and programmes, other than those referred to inparagraph 2, which set the framework for future development consent of projects, are likely to havesignificant environmental effects.5. Member States shall determine whether plans or programmes referred to in paragraphs 3 and 4 arelikely to have significant environmental effects either through case-by case examination or by specifyingtypes of plans and programmes or by combining both approaches. For this purpose Member Statesshall in all cases take into account22
The plans and programmes referred to in the directive are limited to those prepared oradopted by an authority. The scope of what is meant by ‘an authority’ is however broad in ECand is defined by its responsibility to carry out relevant tasks according to the Member Stateand not by its legal form. Furthermore, the documents defined as plans or programmes in theMember States may differ- Included in the plans and programmes includes modification tothem, which are treated in the same way as preparation of new plans and requireenvironmental assessment according to the criteria in the Directive. A further definition ofwhat is meant by plans and programmes is not provided in the Directive. According to theEC’s SEA Guidance (1.7) it is open to Member States, in respect of their own nationalsystems, to go further than the minimum requirements of the Directive should they so desireand require that other plans and programmes than those fulfilling the criteria in Article 2 tobe subject to the requirements of the directive.The main steps of the process of preparing plans or programmes are not defined in thedirective. Moreover, it does not provide guidance on how the environmental assessment shallbe carried out, i.e. whether it shall be done as a separate process or integrated in the existingplanning processes. However, the definition of the process in the directive includes thepreparation of plan or programmes through to its adoption.2.5 The relation to other EC directivesThere are certain overlaps between the directive 2001/42/EC and certain other EClegislation that already requires certain environmental assessment, e.g. the Water FrameworkDirective 2000/60/EC, Nitrates Directive (91/676/EEC), Waste Framework Directive(75/442/EEC), the Air Quality Framework Directive (96/62/EC), the Habitats Directive(92/43/EEC) and Birds Directive (79/409/EEC) which are the basis of the creation of theNatura 2000 network as well as the directive on EIA Directive 85/337/EC. For some of theplans and programmes required according to other Community laws the requirements maydiffer or require further environmental assessment than those laid down by the directive2001/42/EC. In cases where there are potential overlaps, the directive recommendscoordinated and joint procedures, avoiding duplications of the assessment.The SEA directive resembles most closely the EIA directive 85/337/EEC as amendedby 97/11/EC. The EIA directive is referred to Article 3 as a part of the requirements ofcarrying out a SEA of plans and programmes that set the framework for future developmentconsent of projects listed in Annexes I and II to Directive 85/337/EEC. The EIA directive isfurthermore referred to in Article 11 and in preamble 10 in Directive 2001/42/EC, withregard to request of avoiding duplication between the two processes. With regard to theprocedural steps of the assessment process that are outlined in the directive 2001/42/EC forplans and programmes, there are clear parallels with the main steps of Environmental ImpactAssessment of projects. Compared to the SEA Directive, the EIA Directive does not requireconsultation of other authorities when there is a case by case examination (Article 4(2) of2001/42/EC), and the requirements regarding notification of screening differ between thedirectives, as well as the EIA directive has no requirements on quality or monitoring.In the report to the European Commission (Sheate et al 2005) on the relationshipbetween the EIA and SEA directives, potential areas of overlap between the EIA and SEAdirectives among the EU 15 Member States are identified. The report reviews the experiencesfrom the member states and approaches chosen. The key areas that are considered likely togive rise to the potential overlap between the directives are the following (Sheate et al 2005):• In cases where large projects are of such a scale that they are of more than localsignificance23
Page 1 and 2: sea in the context of land-useplann
Page 4 and 5: Blekinge Institute of Technology Li
Page 7: AcknowledgementsThis thesis has dev
Page 10 and 11: CHAPTER 5 INTRODUCTION OF SEA TO TH
Page 13: PART I - Introduction to the resear
Page 16 and 17: In this research the introduction o
Page 18 and 19: my studies and work in the area as
Page 20 and 21: FIGURE 1.1. BASIC TYPES OF CASE-STU
Page 22 and 23: • Process/Strategy Model; i.e. co
Page 25 and 26: Chapter 2The SEA Directive 2001/42/
Page 27: was extended again to also encompas
Page 31 and 32: effects), with less attention given
Page 33 and 34: widespread voluntary application of
Page 35 and 36: assessment instruments such as Risk
Page 37 and 38: 3.1.4 The origins of SEA and its re
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Page 43 and 44: aspects of environmental considerat
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Page 47: planning theory in respect of envir
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Page 55 and 56: planning area and the 0-alternative
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Page 67 and 68: A pilot study on impact assessment
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Environmental assessment has been i
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Level Authority Type ofplanningDesc
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National initiatives for sustainabl
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limited research that has been carr
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equired by the SEA directive. Simil
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- Setting the context and objective
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Screening (the determination ifthe
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assessment for the EU structural fu
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Level Authority Type ofplanningDesc
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experience of sustainability apprai
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ensuring that environmental assessm
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The second issue that raises some q
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Chapter 7 A Comparative Description
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system. This notion is reinforced b
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Who decides?The authorities respons
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plans at the municipal level (Impac
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experience of assessing the plan’
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preconditions for the introduction
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that the directive has spurred the
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the SEArequirements,i.e. whichplans
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Chapter 8 FindingsThe aim of the re
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importance of improved knowledge an
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At the same time HB has had access
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References and documentsAlfredsson,
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Christoferson, I. (ed), (2001) Swed
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Kørnøv, L. (1999) Integrating SEA
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Sheate, W., Byron, H., Dagg, S. and
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European Union’s publicationsEC (
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English documents:Countryside Counc
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SEA IN THE CONTEXT OF LANDTUSE PLANNING

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