Our planning solicitor is currently looking into whether or not SEA is required for SPDs. The SEA Directive states, in Article 2, that "For the purposes of this Directive: (a) "plans and programmes" shall mean plans and programmes, including those co-financed by the European Community, as well as any modifications to them: - which are subject to preparation and/or adoption by an authority at national, regional or local level or which are prepared by an authority for adoption, through a legislative procedure by Parliament or Government, and - which are required by legislative, regulatory or administrative provisions" It is this last sentence which we are struggling to interpret. SPDs are not required by any legisltaive or regulatory provisions, but might possibly be defined as being required by administrative provisions. Has anyone else looked into this and come to the conclusion that SEA is not required for SPDs?
