Who prepares SEA environmental report for neighbourhood plan? - Public forum - Planning Advisory Service (PAS)

Hi David,  

Have you checked out the sdvice note on SA and SEA on the PAS website?

The link is http://www.pas.gov.uk/neighbourhood-planning/-/journal_content/56/332612/4078383/ARTICLE

"  It is a very good idea for the local authority to undertake an early SEA screening of the plan to highlight if a SEA will be required. If it is required, it needs to form part of the document that is consulted on. The local authority is required to undertake the SEA screening and there is advice available on undertaking an SEA screening."  

You could also check the advice given in the Legal compliance Checklist which is also  on the PAS website at http://www.pas.gov.uk/documents/332612/1099337/Update+Legal+compliance+guide+NDPs+to+PAS+130924.pdf/d349935d-3513-4a4c-89a6-05edc60f91ba 

It is the qualifying body’s responsibility to undertake any necessary environmental assessments. In its ‘advise and assist’ role the LPA may choose to help the qualifying body to undertake these. However the LPAs duty to check the need for them and their fitness does not arise until after the examination. Nonetheless the LPA may wish to consider this matter prior to the examination, and avoid the need to make representations during consultation on the draft plan. The draft NPPG notes that the LPA should have a process in place to provide a screening opinion in relation to the SEA Directive. See “How do you know if a draft neighbourhood plan might have significant environmental effects?”

Hope this helps you

We (local planning authority) have now started work supporting a neighbourhood plan group in scoping SEA and have committed to prepare environmental report for them.  This is because the group is a front runner and we will do the work as part of our duty to support.  However...I have looked again at the Environmental Assessment of Plans and Programmes Regulations 2004 to try to get the issue of responsibilities absolutely clear -and I'm afraid I don't think it is clear.  Regulation 2 defines 'responsible authority' - this is the authority who prepares a plan, hence our general agreement that this will be the qualifying body for neighbourhood planning purposes, ie the parish council.  That being the case, Regulation 12 requires the responsible authority to prepare an environmental report.  However, Regulation 9 requires the responsible authority to determine whether their plan is likely to have significant environmental effect - ie a screening opinion.  I think it has been assumed that screening opinions would be provided by the local planning authority, but there seems to be no evidence that this is the case for neighbourhood plans.  Am I reading the wrong regulations, or am I not getting this?? Perhaps this is why DCLG Neighbourhood Planning Team are not replying to my emails! Can anybody shed light on this???

Can I raise a much more fundamental question on the whole issue of SEA for neighbourhood plans.

The EC Directive was implemented in England through the Environmental Assessment of Plans and Programmes Regulations 2004. This focusses throughout on "plans and programmes". If the document under preparation does not qualify as a plan or programme, then the regulations and the EC Directive presumably do not apply.

The definition of "plans and programmes" is in Regulation 2. This says that "plans and programmes" are those which (a) are subject to preparation or adoption by an authority at national, regional or local level; or (b) are prepared by an authority for adoption, through a legislative procedure by parliament or Government; and, in either case, (c) are required by legislative, regulatory or administrative provsions".

It is the word "required" in (c) that is significant. The Regulations and the EC Directive only apply to plans or programmes that are required by legislation. Now, we all know that neighbourhood development plans are not required. They are entirely optional. There is no requirement whatsoever for anybody to prepare a neighbourhood plan.

So, on that basis, there is no need for them to be subject to any SEA under these Regulations or the EC Directive.

Any thoughts? Any legal opinion on this?

The fact that neighbourhood plans are optional is not relevant. There has been a European Court of Justice case C - 567/10 that clarifies this.

The fact that neighbourhood plans are optional is not relevant. There has been a European Court of Justice case C - 567/10 that clarifies this.