SEA IN THE CONTEXT OF LANDTUSE PLANNING

Chapter 6SystemIntroduction of SEA to the English PlanningIn this chapter, an overview is given of the legal requirements for introducing SEA inEngland. The aim is to give an impartial description on the legal implementation of the SEAdirective into English context of spatial planning, including the legal and institutionalframework that provide the basis for the planning system and with focus on recent changes inthe planning system. The implementation of the SEA directive in England is set against abackground of over 10 years of experience with Sustainability Appraisal (SA), which is awider approach than that of Environmental Assessment. At the end of the chapter the twoapproaches are compared and discussed6.1 Legal context6.1.1 Legal context for introducing SEA in EnglandIn England, the directive on Strategic Environmental Assessment was implemented by SEARegulations for England, (Statutory Instrument 2004 No. 1633, The EnvironmentalAssessment of Plans, and Programmes Regulations 2004). Separate regulations wereintroduced for Scotland and Wales and Northern Ireland, all of which came into force on the20 th of July 2004. In Scotland these regulations have been superseded by the EnvironmentalAssessment (Scotland) Act 2005 which came into force on the 20th February 2006. In thischapter the main focus will be on the introduction of SEA into the English land use planningsystems, although reference will be made to the introduction in other parts of the UK, wheredeemed appropriate.Apart from the implementation of the directive in the SEA Regulations described above,the Planning and Compulsory Purchase Act 2004 includes a reference to the requirements ofcarrying out a SEA of local development documents according to the European UnionDirective 2001/42/EC. In the Planning and Compulsory Purchase Act it is recommendedthat the conduction of SEA is integrated in the process of Sustainability Appraisal.Furthermore, the Planning Policy Statement 12 (PPS12), ‘Creating Local DevelopmentFrameworks’ and its companion guide (ODPM 2004a), stakes out the requirements for SEAas a part of the procedure for the Local Planning Development Frameworks. The PPS 12includes a section on Sustainability Appraisal and Strategic Environmental Assessment, whereit is recommended that SEA and SA shall be carried out in a single appraisal process as a partof the planning preparation. However, despite the integration, the PPS 12 stresses that theEC directive 2001/42/EC sets minimum standards for the process that must be fulfilled, e.g.regarding public consultations where the guide (referring to regulations 26 and paragraph 4.13of PPS 12) states that the formal consultation must be undertaken on the SA report as79