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

ideology of SEA, how far it has developed from its origins in EIA in order to measure theenvironmental effects of plans and programmes more effectively, to a decision-makinginstrument, that shall be integrated into, and change how decisions are made. It can beconcluded from the review that much of the discussions is literary ‘context free’, excludingreference to actual implementation and have the characteristics of a rhetoric, built on alimited empirical basis. The methodological aspects of SEA practice have been discussedsince the early days of the SEA discussion, both as a part of guidance as regards the SEAapplication, academic literature on SEA as well as international policy instruments.Notwithstanding the methodological development in the field, a perceived lack both ofsystematic evaluations and empirical investigations remains in terms of the experiences ofSEA application and the obstacles and actual effects on planning processes and planpreparations. Moreover, data regarding SEA procedures are insufficient and often incompletefor deducting lessons and capitalising on success stories (Chaker, A. et al 2006, Emmelin2006, Hilding-Rydevik 2006). When introduced to land-use planning, it can be argued that thetheoretical basis for SEA methodology is largely undeveloped, and essentially based upon theassumption that comprehensive planning is an instrumental rational decision-making process(Lawrence 2000). According to this view, SEA follows the track laid out by the environmentalplanning discourse, a track that is strongly permeated by instrumental rationality and colouredby a strong belief in the need to improve decision-making and planning with improvedinformation strategies and assumptions about the ‘value-free’ objectivity of policy analysis insupport of planning to protect environmental values. Thus, many negative characteristicsattributed to rationalism, appear equally valid for the environmental assessment process:“The EIA planning process is, for example, often autocratic and technically biased, poorly designedto match contextual characteristics and weak in planning. It, too, can be prone to artificialassumptions regarding comprehensiveness, a unitary public interest, objectivity, predictability andcontrol” (Lawrence 2000).The call for structured approaches to integrating environmental considerations, can,according to Richardson (2000), be seen in other spheres of planning in the emergence in thepost-Rio era of what could be termed ‘rational environmental planning’, where the rationaltechniques of policy analyses are used to support planning in the protection of environmentalvalues. “Examples of this is the development of techno-centric tools, including Geographic Informationsystems, computer modelling, and technically oriented project and strategic level environmental impactassessment (op.cit)”.Looking at the legal basis of the introduction of SEA in Europe, and specifically at SEAdoctrine introduced by the EU directive 2001/42/EC the objectives and the definition of thedifferent steps of the SEA process reflect a view of SEA as an instrumental tool with clearlydemarcated steps. This corresponds to the objectives of the directive of providing for a highlevel of protection of the environment and to contribute to the integration of environmentalconsiderations into the planning process. However, it is not clear how the directive’s secondlystated objective of promoting sustainable development objectives can be achieved by usingthe procedural steps outlined in the directive. The actual application, i.e. whether these stepsare applied in parallel with the planning process or in an integrated way, is however left to thediscretion of the implementers of the directive. Meanwhile, although the SEA process asdescribed in the EU directive largely builds on instrumental rationality, there are also obviousparallels between the theoretical basis for SEA and the communicative strands of planningtheory. This is e.g. reflected in the requirements for public influence in the assessmentprocess through public consultation, as well as the expectations that the outcome of theassessment shall feed into the decision-making process. The potential of communicative40

planning theory in respect of environmental assessment relates to the relevance of publiceducation, involvement and shared decision-making as well as the need for fair dialogues andeffective communication, which are recurrent themes in EIA literature (Lawrence 2000).Regarding the academic discussion of SEA, some argue that the recent debates in theEnvironmental Assessment literature echo the shift in planning in the 1990s, i.e. representinga turn from instrumental rationality to communicative planning theories (Richardson 2005).However, it can hardly be argued that a shift towards applying communicative planning as atheoretical basis for SEA is universally accepted. Among the critics of communicativerationality is Fischer (2003) who argues that the quest for increased flexibility and for thegreater adaptability of SEA to the planning process can become the means to an end, thusundercutting the underlying rationale behind Environmental Assessment and the mainreasons for conducting SEA in the first place.The starting point for this research is the proposition that there are differences in theway that the SEA directive is introduced to the legal framework for planning in differentEuropean countries. Furthermore, that the countries’ national planning contexts have a majoreffect on the way that SEA is perceived and the way it will be applied. This includes that thereare differences in the perceptions of what sort of tool SEA is or could be, how it is integratedinto existing process and what effects it could have on current practice. A sound knowledgebase of the context into which SEA is introduced is therefore of crucial importance for theprocess and includes both institutional and procedural factors, as well as the cultural aspectsthat can determine planning outcomes. Furthermore, the outcome of the SEA application islargely dependent upon the proficiency and capacity of existing decision-making processes.This supposition is supported by SEA scholars. Jones et al (2005:10) state in relation to SEAand land use planning that: “Every SEA and land use planning system is unique and each is the productof a particular set of legal, administrative and political circumstances”. In order to prognosticate on theeffect of the implementation of the EU directive 2001/42/EC, improved knowledge istherefore needed on the specific planning context to which SEA is being introduced. Thisincludes the establishment of a body of systematic knowledge on existing SEA practice andon environmental integration in land use planning, as well as on the legal and institutionalframework. Hildén at al (2004) emphasise the bearing of the different views on planning onthe role of environmental assessment:“Different view of planning lead to very different interpretations of what the assessment can and shouldbe about, what they should deliver and whether SEA as a whole is a justified mean” (Hildén et al2004).On the basis of the literature review, of which the main findings have been presented, theattention is shifted to the actual experience of introducing SEA to the legal system in threecountries affected by the EU directive 2001/42/EC. Furthermore, the spatial planningframework to which SEA is introduced is described. On the basis of a review of the tangibleexperience of introducing the SEA directive, the influence of the national context on thepotential impact of SEA on the planning system and hence fulfilling its objectives ofenvironmental integration and promoting sustainable development can be discussed.41

ideology of <strong>SEA</strong>, how far it has developed from its origins in EIA in order to measure theenvironmental effects of plans and programmes more effectively, to a decision-makinginstrument, that shall be integrated into, and change how decisions are made. It can beconcluded from the review that much of the discussions is literary ‘context free’, excludingreference to actual implementation and have the characteristics of a rhetoric, built on alimited empirical basis. The methodological aspects of <strong>SEA</strong> practice have been discussedsince the early days of the <strong>SEA</strong> discussion, both as a part of guidance as regards the <strong>SEA</strong>application, academic literature on <strong>SEA</strong> as well as international policy instruments.Notwithstanding the methodological development in the field, a perceived lack both ofsystematic evaluations and empirical investigations remains in terms of the experiences of<strong>SEA</strong> application and the obstacles and actual effects on planning processes and planpreparations. Moreover, data regarding <strong>SEA</strong> procedures are insufficient and often incompletefor deducting lessons and capitalising on success stories (Chaker, A. et al 2006, Emmelin2006, Hilding-Rydevik 2006). When introduced to land-use planning, it can be argued that thetheoretical basis for <strong>SEA</strong> methodology is largely undeveloped, and essentially based upon theassumption that comprehensive planning is an instrumental rational decision-making process(Lawrence 2000). According to this view, <strong>SEA</strong> follows the track laid out by the environmentalplanning discourse, a track that is strongly permeated by instrumental rationality and colouredby a strong belief in the need to improve decision-making and planning with improvedinformation strategies and assumptions about the ‘value-free’ objectivity of policy analysis insupport of planning to protect environmental values. Thus, many negative characteristicsattributed to rationalism, appear equally valid for the environmental assessment process:“The EIA planning process is, for example, often autocratic and technically biased, poorly designedto match contextual characteristics and weak in planning. It, too, can be prone to artificialassumptions regarding comprehensiveness, a unitary public interest, objectivity, predictability andcontrol” (Lawrence 2000).The call for structured approaches to integrating environmental considerations, can,according to Richardson (2000), be seen in other spheres of planning in the emergence in thepost-Rio era of what could be termed ‘rational environmental planning’, where the rationaltechniques of policy analyses are used to support planning in the protection of environmentalvalues. “Examples of this is the development of techno-centric tools, including Geographic Informationsystems, computer modelling, and technically oriented project and strategic level environmental impactassessment (op.cit)”.Looking at the legal basis of the introduction of <strong>SEA</strong> in Europe, and specifically at <strong>SEA</strong>doctrine introduced by the EU directive 2001/42/EC the objectives and the definition of thedifferent steps of the <strong>SEA</strong> process reflect a view of <strong>SEA</strong> as an instrumental tool with clearlydemarcated steps. This corresponds to the objectives of the directive of providing for a highlevel of protection of the environment and to contribute to the integration of environmentalconsiderations into the planning process. However, it is not clear how the directive’s secondlystated objective of promoting sustainable development objectives can be achieved by usingthe procedural steps outlined in the directive. The actual application, i.e. whether these stepsare applied in parallel with the planning process or in an integrated way, is however left to thediscretion of the implementers of the directive. Meanwhile, although the <strong>SEA</strong> process asdescribed in the EU directive largely builds on instrumental rationality, there are also obviousparallels between the theoretical basis for <strong>SEA</strong> and the communicative strands of planningtheory. This is e.g. reflected in the requirements for public influence in the assessmentprocess through public consultation, as well as the expectations that the outcome of theassessment shall feed into the decision-making process. The potential of communicative40

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