SEA IN THE CONTEXT OF LANDTUSE PLANNING

In the case of planning according to the PBA, the regulations regarding consultation procedures andpresentation of plans as a part of the planning process are stipulated in chapter 4, section 4 of the PBA.The requirements state that the assessment shall be an explicit part of the consultation process and theimpacts must be stated clearly in the planning documentation and must be available during the publicparticipation process:“The purpose of the consultation is to improve the material upon which decisions are made and toenable insight and influence. During the consultation, the municipality should give an account of thereasons for the proposal, relevant planning material as well as the substance and the consequences ofthe proposal. A consultation report shall be compiled presenting the results of the consultation andproposals in response to the statement given.” (Chapter 4, section 4, 1987:10) 9 .The National Board of Housing, Building and Planning has prepared guidance regarding therequirements of environmental assessment in the PBA. According to the guidance, the consultationprocesses for the planning preparation and the Environmental assessment shall be coordinated withthe same time frame. The timing of the consultation is however neither regulated in the PBA nor theregulations, but shall include both consultation and presentation of the planning proposal. Theenvironmental assessment shall be made accessible during the planning consultation and thepresentation of the planning proposal. The municipality shall clearly present which views have beentaken into consideration, although there is no legal requirement of choosing the most environmentallyadvantageous alternative for the plan.FIGURE 4.2. CONSULTATION IN THE PLANNING PROCESS ACCORDING TO THE PBA 1987:104.3.4 The results of the assessment – relation to decision making?According to the stipulations in the Environmental Code the decision making authority shall,before adopting the plan or the programme, account for the following:• How the environmental aspects have been integrated in the plan or the programme• How the Environmental assessment and the views from the consultation have beenconsidered.• The reasons for why the plan or the programme has been adopted instead of thealternatives that have been a part of the considerations.• The measures that are proposed for follow-up and monitoring of the considerableenvironmental effects that the implementation of the plan entails.A summary of the plan or the programme shall be made available for those who have takenpart in consultation according to article 14 and 15. Those shall also be informed that the planor the programme has been adopted (2004:606).However, the Swedish regulations are unclear on the requirement of how SEA shall beintegrated in decision-making, i.e. whether the outcome of the SEA process shall be includedin the decision-making, or whether the focus shall only be on the planning document. Thedirective states that SEA and consultation should be taken into account during the preparationand before the adoption of the plan or programme, which is shortened to ‘before adoption’ inthe Swedish regulations. This aspect of the legal implementation of the SEA directive intoSwedish discussion has been discussed by Emmelin and Lerman (2005) who argue that byomitting the word leading to actual integration of SEA in the planning process is thereforevoluntary and not a regulatory requirements in the Swedish planning process.9 English translation: Boverket, 2006.50