assessment for the EU structural funds.Within the field of land use planning, <strong>SEA</strong>-type instruments include Environmental andSustainability Appraisals for land use development plans (including structure plans, local plansand unitary development plans), which was has been applied since the early 1990s. The legalrequirements were first introduced in the Planning and Compensation Act 1991 and Townand Country Planning (Development Plan) Regulations 1991 which resulted in GovernmentGuidance to local authorities to undertake environmental appraisal for their land usedevelopment plans. The requirements of conducting Sustainability Appraisals for RegionalPlanning Guidance (RPG), was introduced in 2000, as well as appropriate assessment foractivities that may have significant impact on areas falling under the EU Habitats Directive.Further information of the contents and discussion of the experience of SustainabilityAppraisal in relation to <strong>SEA</strong> is provided in chapter 6.6.Other instruments that include strategic assessment of environmental impact of policiesand plans include regulatory impact assessment, transport scheme appraisals which have beenapplied for over two decades and multi-modal studies for defined corridors and infrastructureimprovement areas that constitute a new approach to appraisal (Fischer 2005). Furthermore,<strong>SEA</strong> experience can be found in other sectors, includes <strong>SEA</strong> of the Strategic Defence Reviewby the Ministry of Defence in 2000; voluntary application of <strong>SEA</strong> by water companies onwater resource and water treatment plans and by the Environmental Agency to its nationaland regional water resource strategies, <strong>SEA</strong> of offshore oil and gas licensing by theDepartment of Trade and Industry and more recently to offshore wind farm licensing, andthe <strong>SEA</strong> of multimodal transport studies by the Highways Agency (Sheate et al 2005).6.6 The national planning framework6.6.1 An overview of the planning system according to the Planning and Compulsory Purchase Act 2004The primary legislation for planning in England is the Town and Country Planning Act 1990,which was amended by the Planning and Compulsory Purchase Act 2004. With theintroduction of the Act in 2004 the land use planning system experience total changes withregard to both the responsibility at different planning levels and in terms of the planningdocumentation prepared. Furthermore, the 2004 Act includes a requirement of conducting<strong>SEA</strong> as a part of the process of Environmental Appraisal (section 6.2 on Local DevelopmentPlans, PCPA 2004). Among the changes resulting from the reform of the land-use planningsystem is the introduction of Local development frameworks which are the non-statutoryterm for the portfolio of local development documents; local development plan document,local development scheme, supplementary planning documents and a statement ofcommunity involvement, which will comprise the spatial planning strategy for a localplanning authority’s area. These documents, introduced as a result of the Planning andCompulsory Purchase Act 2004 and accompanying Regulations will be prepared by the localplanning authorities and will replace the existing system of local, structure, and unitarydevelopment plans. Furthermore changes have been introduced at a higher level; the countycouncils shall no longer prepare structure plans, but retain some strategic planning as theyshall continue to prepare minerals and waste plans. Instead, the regional planning bodies arenow responsible for the preparation of statutory regional spatial strategies, which guidedevelopment by establishing broad locations and criteria for development. According to aguide published by the ODPM in March 2005, ‘Local development frameworks provide scope for anapproach to spatial planning that is visionary, wide-ranging, participative and deliverable’. The newplanning framework includes a wider spatial planning approach, identifying a range ofdelivery mechanisms, instead of the previous land-use planning documents with developmentcontrol as the key implementation tool. Furthermore, the previous formal plans will be86
eplaced by a continuous process with scope for overlapping local development documents,an increased role for community involvement, and a requirement for a sustainability appraisalas an integral part of the local development framework production that should be started atan early stage and maintained throughout local development document preparation.Prior to 2004 the planning systems consisted of local or unitary development plansprepared by the local planning and structure plans, prepared by the county authorities. As thelocal development plans covered the area of one local authority, one or more local authoritiescould prepare unitary development plans for the planning area. The development plans werehowever not prescriptive and a local planning authority must also have regard to any othermaterial considerations such as government policy, when making a decision on development.6.6.2 Planning levels and main actorsThe Planning and Compulsory Purchase Act sets out two tier planning structure:Regional PlanningThe Regional Assembly is the Regional Planning Body (RPB) and prepares Regional SpatialStrategies (RSS) that set out policies relating to the development and land use for each of theEnglish regions (with the exception of London where the spatial development strategy isknown as the London Plan). The RSS sets out policy within areas such as healthcare,transport and housing.Local PlanningThe Local Planning Authorities (LPA) prepare Local Development Frameworks (LDFs) thatreplace Structure plans, Local Plans and Unitary Development Plans. The LDF is the nonstatutoryterm for the portfolio of local development documents; local development plandocuments, local development schemes, supplementary planning documents and a statementof community involvement which comprise the spatial planning strategy for a local planningauthority’s area. The LDF must conform to the RSS. The LPA must carry out an appraisal ofthe sustainability of the proposal in each of the Development Plan Documents and report thefindings (Planning and Compulsory Purchase Act 2004. Chapter 5, Article 19). The CountyCouncils and some Unitary Authorities also prepare and maintain a minerals and wastedevelopment schemes. According to Milne and Cochrane (2004), the new act introduces anew plan-making regime that presents a major challenge for local planning authorities andprofessional planners at both local and regional levels. The new elements include therequirements of regional planning bodies that shall prepare regional spatial strategy (RSS) tobe prepared at the regional level. Below the regional level, there will be a new-look local planregime where the local planning authorities will prepare local development documents thatwill effectively replace local plans, unitary development plans and structure plans.87
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CHAPTER 5 INTRODUCTION OF SEA TO TH
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Chapter 2The SEA Directive 2001/42/
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