SEA IN THE CONTEXT OF LANDTUSE PLANNING

is likely to have significant environmental effects (SI 2004, No 1633). Before making adecision the responsible authority shall take into account the criteria specified in Schedule 1to the regulations and consult with the consultation bodies. Where the responsible authoritydetermines that the plan, programme or modification is unlikely to have significantenvironmental effects and does not require and environmental assessment, it shall prepare astatement of its reasons for determination. Furthermore, the Secretary of State may at anytime, direct that a plan, programme or modification is likely to have significant environmentaleffects according to paragraph (3) of regulation 10 after taken into account the criteriaspecified in Schedule 1 to these Regulations and consulting the consultation bodies accordingto paragraph (4) of regulation 10.In the ODPM’s guidance, an indicative list of the plans and programmes that may becovered by the regulations is issued. It is stated that plans and programmes included in the listwhich determine the use of small areas at local level, or which are minor modifications toplans and programmes within this list, only require SEA if they are judged likely to havesignificant environmental effects.Examples of plans and programmes included in the ODPM’s indicative list of plan and programmesLand use and spatial planning: Within this category are included Structure Plans, Local Plans andUnitary Development Plans, but also Local Plans for Minerals and Waste as well the Mayor’s spatialdevelopment strategy (London) as well as the National Planning Framework (Scotland) and NationalPark Plans (Scotland). Furthermore, plans that are subject to Sustainability Appraisal that fullyincorporate the requirements of the Directive according to the Planning and Compulsory Purchase Act2004, i.e. Local Development Documents, Local Development (Plans) and Regional Spatial Strategies.Other regional and local authority plans and programmes: encompass Local Air Action Plans, LocalHousing Strategies, Local Transport Plans and Municipal Waste Management Strategies.Plans encompassed within the category Environmental protection and management, includemanagement plans for Areas of Outstanding Natural Beauty, National Parks, River Basins and nationalpolicy statements on planning for waste management.Other plans and programmes include licensing rounds for oil and gas, offshore wind farming andnuclear decommissioning strategies. Finally, in the case of Community Strategies prepared by localplanning authorities, the authorities need to consider whether the strategies can be considered to setthe framework for future development consents, either directly or via relevant policies in thedevelopment plan. In determining this, local planning authorities will need to consider both the contentof the Strategy and the context of other relevant plans and programmes that are in place.FIGURE 6.1. EXAMPLE OF PLANS AND PROGRAMMES INCLUDED IN ODPM’S INDICATIVE LIST6.3 The environmental assessment processThe SEA process is not stipulated in the Regulation 1633, but in the Practical Guide (ODPM2005a) a process for SEA of plans and programmes is proposed. See figure 6.2 below.However, the guidance refers to sector guidance for specific guidelines for certain types ofplans and programmes and stress that SEA needs to be adapted to the scale and nature of theplan or programmes. The main stages of the assessment process are presented in thePractical Guide.81