b3 environmental policies - ian phillips › p2c oct 2015 environmental... · strategic...
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Landscape Institute P2C Syllabus
Planning and Environmental
Legislation, Policies and Procedures
Ian Phillips MRTPI, VPLIOctober 2015
Programme
Planning principles, EU influences, history
Landscape and planning policy
Formal designations
Landscape and development management, EIA
Trees
Environmental agencies
Water, minerals, waste, H & S
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Why regulate for landscape?
Recognition that landscape elements often serve the
public, rather than private interest
Recognition of the role played by landscape in
Public amenity
Biodiversity
Functional benefits and services
Recognition of the vulnerability of living, organic
landscape elements
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Securing the Future
2005: UK Gov Strategy for
sustainable development –
remains as government policy
Key principles
Landscape and planning policy -
EuropeCouncil of Europe European Landscape Convention
EC working groups on biodiversity and GI
EU strategy on GI
EU Environmental Directives:
Birds
Habitats
Water Framework Directive
Environmental Impact Assessment
Strategic Environmental Assessment
Landfill
Floods
Waste Framework
Marine Strategy Framework
European landscape convention
Has legal status of an international treaty
Definition - “Landscape” means an area, as perceived
by people, whose character is the result of the action
and interaction of natural and/or human factors;
Scope - covers natural, rural, urban and peri-urban
areas. It includes land, inland water and marine areas.
It concerns landscapes that might be considered
outstanding as well as everyday or degraded
landscapes.
Aims - to promote landscape protection, management
and planning, and to organise European co-operation
on landscape issues.
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International biodiversity designations
Natura 2000 sites
oSPA, SAC, RAMSAR
oHighest levels of
protection via
• EU Birds Directive (1979)
• EU Habitats Directive
(1992)
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Birds and Habitats Directives
Birds and Habitats Directives apply to sites of international conservation importance.
The Conservation (Natural Habitats, &c.) Regulations 1994 (amended 2007), (aka The Hab Regs) implemented the provisions of The Habitats Directive in England. Section 48 provides that:
“A competent authority, before deciding to undertake, or give any consent, permission or other authorisation for, a plan or project which-
(a) is likely to have a significant effect on a European site in Great Britain (either alone or in combination with other plans or projects), and
(b) is not directly connected with or necessary to the management of the site,
shall make an appropriate assessment of the implications for the site in view of that site's conservation objectives.”
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Precautionary Principle
ECJ October 2005 Waddenzee Judgement: “any plan or project not directly connected with or
necessary to the management of the site is to be subject to an appropriate assessment of its implications for the site in view of the site’s conservation objectives if it cannot be excluded, on the basis of objective information, that it will have a significant effect on that site, either individually or in combination with other plans or projects”
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Coalition government and EC environmental
protection legislation
o George Osborne: The chancellor bemoaned the burden of 'endless social and environmental goals' on industry and described the Habitats Regulations as a 'ridiculous cost on British business‘.
o Defra Major Infrastructure and Environment Unit (MIEU) expedites development / Directive issues
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IROPI 3. Under article 6(4) a plan or project can
only proceed provided three sequential tests are met:
• There must be no feasible alternative solutions to the plan or project which are less damaging to the affected European site(s)
• There must be “imperative reasons of overriding public interest” (IROPI) for the plan or project to proceed
• All necessary compensatory measures must be secured to ensure that the overall coherence of the network of European sites is protected.
4. These tests must be interpreted strictly and can only be formally considered once an appropriate assessment in line with article 6(3) of the Directive has been undertaken.
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Principles of the planning system
(ODPM, 2005 – still valid?)
Balancing private vs. public interest
Planning system does not (necessarily) protect individuals from loss or damage e.g. no entitlement to a view
Basic principle: Would the proposal unacceptably affect amenities and the existing use of land and buildings which ought to be protected in the public interest?
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Structure of the Planning System
Remains a policy and plan-led system
Spatial planning embraces land use, economic,
environmental and social issues.
requires a joined up approach with other strategies
e.g with LEPs
Development should conform with national policy
and adopted plan unless material considerations
over-ride
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Planning and landscape #2
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Planning Historyo 1875: Public Health Act 1875 – enabled public parks
o c1890: Garden Cities movement established principle of planned urban development - and green infrastructure?
o 1946: New Towns Act 1946 created new towns to address London overspill – landscape influenced
o 1947: Town and Country Planning Act established principles of planning system
o 1990: Consolidated many post 1947 T & CP Acts – still remains legislative foundation of planning system today
o Localism Act 2011
o Growth and Infrastructure Act 2013
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Key Planning Legislation
T & CP Act 1990
consolidated changes made through amending legislation since 1947+ 3 more Planning Acts in 1990
Planning and Compensation Act 1991
Planning and Compulsory Purchase Act 2004
Planning Act 2008
The Town and Country Planning (Development Management Procedure) (England) Order 2010
Localism Act 2011
Growth and Infrastructure Act 2013
Deregulation Act 2015
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Localism Act 2011To devolve greater powers to councils and
neighbourhoods and give local communities control over housing and planning decisions. Key content:
• Regional Spatial Strategies abolished
• Infrastructure Planning Commission abolished
• Duty to Co-operate
• Neighbourhood Plans and Development Orders
• Community right to Build
• CIL reform
• Requirement to consult
• Local authority obligations increased
• Local Enterprise Partnerships
• Councils given a general power of competence
Growth and Infrastructure Act 2013
Aimed at reducing ‘red tape’ and planning barriers to
(economic) development
Special measures for low performing LPAs – direct application to SoS
Reconsideration of unviable S106 agreements for housing
Reducing planning application information requirements
Preventing village / town greens stopping development
Easing stopping up of Public RoWs
Fast-track route for large scale commercial planning applications
Removing regulatory barriers to major infrastructure projects
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National Planning Policy Framework 2012
NPPF Guide to green
Landscape and the NPPF Sustainable development
incorporates
Environmental enhancement
local distinctiveness
landscape character and design quality
open space
garden cities
climate change adaptation
energy efficiency
pollution control
green infrastructure
collaboration on landscape (DtC)
Landscape matters in national
planning ‘While National Parks, the Broads, Areas of Outstanding Natural Beauty and
Heritage Coasts quite rightly enjoy the highest degree of protection, outside of
these designated areas the impact of development on the landscape can be an
important material consideration. We are publicising some of these appeal
cases more widely, with the help of the Planning Advisory Service, to promote
greater understanding of how landscape character can be taken into account
by local planning authorities in their decisions.’
Extract from letter to Planning Inspectorate from
Brandon Lewis MP
27 March 2015
Landscape and planning policy -
national
2010 - National Parks
circular
2011 - Natural
Environment White Paper
2012 - NPPF
2013 - Forestry policy
2014 - NPPG
Planning Inspectorate (PINS)
o National agency responsible to CLG SoS
o Deals with all planning appeals
o Home of National Infrastructure Directorate
o Includes Consents Service Unit (CSU)
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Nationally Significant Infrastructure
Projects (NSIPs)
Planning Act 2008 established framework
National Policy Statements
o establish the national case for major infrastructure development and
o set the policy framework for decisions by National infrastructure Directorate within PINS (formerly Infrastructure Planning Commission)
Draft NPSs based on expert evidence
Draft NPSs subject to community, interest group and public consultation
Parliamentary scrutiny prior to formal adoption
Adopted NPSs form primary consideration for PINS decisions (but not exclusively)
Major Infrastructure and Environment Unit set up by DEFRA April 2012 to ‘avoid unnecessary costs and delays to developers’ associated with EU Habitats and Wild Birds Directives
NIPA (www.nipa.org.uk/) created as cross sector forum for NSIPs
Landscape and planning policy -
regional
TAFKARS
The effect of
SEA
The NRM 6
legacy
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Strategic Environmental Assessment
European Directive 2001/42/EC - applies to plans and
projects (e.g. National Policy Statements, [former] RSSs,
MPSs, waste, water, Local Plan documents, management
plans, etc.)
UK Gov. response in 2004 - introduced Sustainability
Appraisal – incorporates environmental, social and
economic assessments – to be considered together.
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Similar process to Environmental Impact Assessment Objectives and Context
Scoping
Options / Alternatives
Baseline information
Prediction of likely significant effects
Mitigation measures
SA Report
Consultation
Decision-making
Monitoring
Sustainability Appraisal for
Development Plans
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Designated Areas
The Green Belt
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Green belt England area: 1,636,620 hectares – 13% of land area.
Decrease of 2,000 has (0.1%) from 2014 to 2015
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Countryside Designations – Green Belt
– NOT a landscape designation
Planning Control – emerged, following 1930s pressure from CPRE, in T & CP Act, 1947 as device to control urban sprawl and ribbon development.
Objectives: To check urban sprawl
To prevent coalescence
To safeguard the countryside
To preserve the setting and special character of historic towns
To assist in urban regeneration
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Landscape Designations - National Parks
and AONBs
o 15 National Parks & 47 AONBs
o National Parks and AONBs are highest level landscape designations
o Two purposes: conserve and enhance the natural beauty,
wildlife and cultural heritage; and
promote opportunities for the understanding and enjoyment of the special qualities of National Parks by the public.
o Conservation takes precedence if a conflict (Sandford Principle)
o Defra Circular (March 2010) - English National Parks and The Broads – UK Gov’t Vision – establishes policy, -special status reflected in NPPF s. 115 and 116
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National biodiversity designationsWildlife & Countryside Act 1981(amended 1985 and by CROW Act 2000)
Sites of Special Scientific Interest (SSSIs)
Designated by NE for special interest
High level of protection
Owners must consult NE before carrying out activities affecting SSSIs
LPAs must include policies protecting SSSIs and must consult NE on any proposals likely to affect them
National Nature Reserves
Designated by NE for conservation, research and education from ‘best of England’s SSSIs’.
Protection via SSSI legislation
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Local Green Space designations
DEFRA & CLG joint commitment to new formal
designation for Local Green Space
Based on community support but ‘not appropriate for
most green areas or open space’.
Originally proposed as locally valued landscape with
protection similar to SSSI status – now similar to Green
Belt
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Nature Improvement Areaso Defra announced 12 areas
12 Feb 2012 – flagged in NEWP
o £7.5 million to create wildlife havens, restore habitats and encourage local people to get involved with nature
o Run by joint bodies
o LPAs to decide what weight to give them in planning
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Local biodiversity designations
Local Nature Reserves
Designated by local authorities (usually under advice from NE) under S.21 of NP and Access to Countryside Act 1949. Protected through by- laws.
SINCs, SNCIs,
Local designations, often advised / managed by County Wildlife Trusts
Protected through management agreements or plans and planning policies
No statutory protection
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Countryside Designations –
Local Designations and Landscape
Character Areas
o AGLV, ASLV, etc. – discouraged until 2011
o Criteria-based designations – Landscape Character
Assessments - Landscape Character Network
o Natural England policy? “All Landscapes Matter”
o ELC – all landscapes to be valued, characteristics
assessed and objectives identified.
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Landscape Character AreasCharacter Map of England (updated 2005) – 159 distinct National Character Areas
Used as spatial reference for landscape, wildlife and culture – and basis for smaller scale landscape characterisation
NE LCA guidance updated Oct 2014
LCA supported in NPPF
LPA character assessments used to guide landscape design and management in local plan policies .
See MAGIC website for GIS data
Green Infrastructure – a new
approach to landscape
o Supported at EU and national
levels
o GI aims to make best use of
land
o Closely linked to ecosystem
services provision
o Key concepts: Multifunctionality
Connected networks
Natural assets
Cross-cutting
Sustainability
UK initiatives on GI
Stern Review on climate change*
Lawton Report – Making Space for
Nature*
National Ecosystem Assessment
Natural Capital Committee Report
GI Partnership
Climate Change Coalition
Garden Cities?
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Green infrastructureo Green infrastructure is a network of multifunctional
green space, urban and rural, which is capable of
delivering a wide range of environmental and
quality of life benefits for local communities.
o Green infrastructure is not simply an alternative
description for conventional open space. As a
network it includes parks, open spaces, playing
fields, woodlands, but also street trees, allotments
and private gardens. It can also include streams,
canals and other water bodies and features such as
green roofs and walls.
o Reference to GI in Natural Environment White Paper and NPPF – soon in NPPG?
o GI Partnership from Defra – now administered by TCPA
Landscape and development
managementEIA
GLVIA
Landscape character
Use of Conditions
Section 106 agreements
Design
Implementation
Management
Maintenance
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Development
Basis for planning system regulation
Section 55 of the Town and Country Planning Act 1990 defines 'development' as:
'the carrying out of building, engineering, mining or other operations in, on, over or under land, or the making of any material change in the use of any buildings or other land'
with the exception of (among other things):
the use of any land for the purposes of agriculture or forestry (including afforestation) and the use for any of those purposes of any building occupied together with land so used.‘
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Environmental Assessment
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Environmental Assessment
Originated in EC Directives and modified since
through ECJ legal cases
AIM: to ensure that the public and the authority
(LPA, SoS or PINS) giving the primary consent for a
particular project makes a decision in the
knowledge of any likely significant effects on the
environment
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Town and Country Planning (Environmental Impact
Assessment) Regulations 2011(SI 2011 – 1824)
Incorporates Schedules:
1 & 2 - relevant project types
3 – screening criteria for Schedule 2 projects
4 – information requirements
Legislation amended April 2015 to increase
thresholds
EIA – proposed / imminent
amendments"Article 3
The environmental impact assessment shall identify, describe and assess in an appropriate manner, in the light of each individual case and in accordance with Articles 4 to 11, the direct and indirect significant effects of a project on the following factors:
(a) population, human health, and biodiversity, with particular attention to species and habitats protected under Council Directive 92/43/EEC(*) and Directive 2009/147/EC of the European Parliament and of the Council(**);
(b) land, soil, water, air and climate change;
(c) material assets, cultural heritage and the landscape;
(d) the interaction between the factors referred to in points (a), (b) and (c);
(e) exposure, vulnerability and resilience of the factors referred to in points (a), (b) and (c), to natural and man-made disaster risks."
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EIA Principles
o Developer must prepare an Environmental Statement
o Developer can request Competent Authority to assess what information should be included (‘SCOPING’)
o Professional advisers have a responsibility to ensure that the information is open, transparent and comprehensive – this may not appear to be in the client’s interests
o ES (and relevant project) must be subject to statutory and public consultation
o ES and consultation responses must be taken into account in making decision for consent or not.
o Decision and reasons must be publicised.
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EIA Process
Generalised
flowchart
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EIA – Screening Processo Schedule 1 projects must always be subject to EIA.
o Schedule II projects (similar list but broader and with lower size criteria) may be subject to EIA if likely to have significant effect on environment.
o Determination must be made on Schedule II projects (‘SCREENING’). Screening applies sequential tests on nature, size and location. (a) location within / partly within a sensitive area, or
(b) specified thresholds and criteria on the scale of development;
(c) case by case consideration of likely significant effects
o Screening may include projects not explicitly included in Schedule II list.
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Environmental Statements
Concentrate on main or significant impacts (NOTE: these may include cumulative impact)
Consider alternative options and justify selected choices
Include effects on environmental issues including: human beings; flora; fauna; soil; water; air; climate; landscape;
material assets, including architectural and archaeological heritage; and the interaction between any of the foregoing.
Consider likely significant effects resulting from use of natural resources, the emission of pollutants, the creation of
nuisances and the elimination of waste.
ES should also cover indirect, secondary, cumulative, short, medium and long-term, permanent
and temporary, positive and negative effects.
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ES Content
Description of the project
Reasonable alternatives
Description of environmental context
Description of significant effects on environment
Mitigation
Non-technical summary
Technical difficulties / lack of information
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•GLVIA 3rd ed. published in 2013
•Impact assessment iterates with
scheme design and management
proposals
•Landscape and visual impact effects
considered separately
•Combination of objective and
subjective judgements
•Liaison with other professionals
Landscape & Visual Impact
Assessment
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EI Assessment methodologiesInformation gathering:
Site visit
Desktop study (incl. GIS data, Google Earth & BING maps)
Field surveys
Photographic surveys
Information analysis and presentation Leopold Matrix – magnitude / importance – project
activities / existing conditions
Plans and masterplans
Visibility mapping
Visualisations
Photo-montage
Computer modelling
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Implementation and monitoring
o Responsibility to undertake commitments made –enforced through conditions and / or planning obligations
o Have predicted impacts occurred?
o Are there unforeseen impacts requiring response?
o Are mitigation measures being complied with?
o Are mitigation measures effective?
Landscape conditions – Circular
11/95
o Circular deleted - Appendix A (model
conditions) retained
o See Conditions 25 to 32 (landscape); 71 to
75 (trees); 76 to 78 (amenity land).
o Paragraphs 48 – 50 (landscape and
design) and 51 -52 (trees)
o “The treatment of open space can vary
greatly and the objective should be to
ensure that the intended design quality is
achieved in practice.”
o SOFT LANDSCAPE OUTCOME
DEPENDENT ON QUALITY OF INPUT!
Landscape - Section 106 Agreements
Key issues
Detailed specification of what is to be
provided
Proposed management arrangements
– what, where, who, how?
Provision for quality control -
supervision and adoption
Aftercare - responsibilities, resources
and redress
Maintenance
Landscape design in planning
Plans (concept and
detail)
Layout, access, services
Specifications
Schedules
Materials
Furniture and structures
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Historic environment and
development – Historic Englando Local Plans to include a positive strategy for
conservation and enjoyment of historic environment.
o Heritage assets are an irreplaceable resource to be conserved according to their significance
o Harm to Grade II listed building, park or garden exceptional
o Harm to Grade 1 or II* assets, scheduled monuments, wrecks, battlefields and World Heritage Sites wholly exceptional
o Refuse consent unless harm or loss outweighed by public benefits
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Tree perspectives
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Why trees need protection
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Protected Trees
S. 197 Duty on LPAs to consider planting and
protection of trees when granting planning
permission
Trees may be protected by
Tree Preservation Orders (TPOs)
Location with a Conservation Area
Planning Condition
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TPOs
o Trees (not defined) can be protected by LPA where ‘expedient in the interests of amenity’ (not defined).
o NB: TPOs are over-ridden by planning permissions
o Non-compliance with TPO an absolute criminal offence
o Exemptions
o New TPO Regulations issued 2012
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The Town and Country Planning (Tree Preservation) (England) Regulations 2012
o All existing TPOs to be brought into line with new model order provisions
o Shorter, simpler model Order – map and list of trees
o All new TPOs to take provisional effect immediately
o Reduced notification procedures – only affected parties
o Clarification on exemptions – dangerous or dead – NOT ‘dying’.
o Consent valid for 2 years - option to give consent for repeat works
o Single basis for compensation to owners (not for loss of development value or matters not foreseeable)
o Note application of ‘Conditional’ Orders for new trees
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Trees in Conservation Areas
All trees in Conservation Areas protected (with
minor exceptions)
Requirement to provide written notice (Section
211 Notice)
6 week response period
Penalties for non-compliance as for TPOs
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Trees protected by planning condition
o Conditions attached to planning permissions
o Ideally, only to be used for temporary protection (e.g.
duration of construction works)
o May be applied to protect new plantings and allow
for aftercare to establishment (say, for 5 years)
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Owner / Manager Obligations re
treeso Owners should exercise reasonable
care re health and safety of trees (noting visible defects, arranging periodic inspections)
o ‘Experts’ or land-owning organisations likely to have higher duty of care –consult arboriculturist if in doubt.
o Guidance on tree safety –British Standard rejected - National Tree Safety Group (via FC)
o BS3998 sets good practice standards for works to trees.
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Trees and construction
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Trees in relation to construction
BS 5837:2012 is current guidance
Establishes standards for tree surveys,
assessments, physical protection during and
from construction works, etc.
Used as standard in planning system for pre-
application information and post-permission
planning conditions
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BS5837 process
Based on RIBA work
stages
Trees – more sources of guidance
Trees and Design
Action Group
o Accessible, good
practice
guidance on
urban trees
o BS 8545:2014
o BS 3998: 2010
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Environmental agencies and bodieso The EU (and the ECJ)
o National government
o Local Planning Authorities
o Mineral and Waste Planning Authorities
o Planning Inspectorate (and National Infrastructure Directorate)
o Highway Authorities
o Natural England
o Historic England
o Environment Agency
o Forestry Commission (England)
o Marine Management Organisation
o Health & Safety Executive
o Design Council CABE, TCPA, PAS, CLG partners, Defra partners, Green Infrastructure Partnership, Professional Institutes, etc.
o RSPB, Wildlife Trusts, NPF, HBF, NHBC, BPF, etc.
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Natural England
Responsibilities for nature conservation and landscape esp. on designated sites
o Assessments
oMonitoring
o Regulation
o Enforcement
o Policy
o Research
oGrants
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Countryside Stewardship
New CAP regs for 2015 place more emphasis on greening of farmland (Pillar 1 payments EU funded – administered in UK via NE, FC and Rural Payments Agency
2015 - replaced Environmentally Sensitive Areas and Environmental Stewardship schemes
Rural Development Programme for England 2014-2020
grants for landowners, farmers and foresters to improve environment and countryside – £85 million set aside for projects in 2016.
Higher tier, mid tier, woodland only and water capital grants.
All agricultural land, woodlands >0.5 ha, protected sites
Detailed guidance in CS manual and gov website
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Nature Conservation – protected
species
Wildlife & Countryside Act 1981
CROW Act 2000 increased penalties, added reckless behaviour and placed duty on central gov’t to further biodiversity.
Nat Env’t and Rural Communities Act 2006 – duty on public authorities to have regard to conserving biodiversity
Protected birds, plants and animals on lists produced by JNCC
No licences for development activities affecting protected species – reliance upon defence of ‘incidental damage due to otherwise lawful operation’
Licences possible for otherwise unlawful activities for public health, public safety or other over-riding public interest
2012 – Licence arrangements under review
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Nature Conservation – special
protection for hedges
Hedgerow Regs 1997
Important hedgerows designated for wildlife, historical or landscape significance.
Permission required from LPA to remove hedges >20m long, >30 years old and containing certain species. LPA decides whether hedge is Important (usually under expert advice)
Domestic gardens excluded.
Protection of Species – which and why
Licensing / working with protected species
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Marine Management Organisation
o Marine and Coastal Access Act 2009
o Responsibilities:
o new marine planning system
o working with Natural England and the JNCC to create and manage a network of marine protected areas to preserve vulnerable habitats and species in UK marine waters
o new marine licensing regime
o managing UK fishing fleet capacity and UK fisheries quotas
o developing centre of excellence for marine information
Health and Safety Executive
Responsible for:
Health and safety
regulation and guidance
o Construction, treework,
use of chemicals
CDM regs
RIDDOR
COSHH
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Forestry Commission
o A devolved agency (under DeFRA)
o Research, commercial timber production, sustainability programmes and policy, learning and leisure.
o FC responsible for forestry management incl. timber production, conservation policy, climate change risk assessment and biosecurity.
o Forest Enterprise delivers environmental, social and economic benefits in England & Scotland
o Forest Research Unit carries out / commissions research
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Forestry Commission Regulatory Powers
‘Competent Authority’ for EIA Regs (Forestry) 1999
Afforestation
Deforestation
Forest roads
Forest Quarries
Issuing of Felling Licences
Required for tree felling unless exempt - e.g. gardens,
designated open spaces, <5cu.m per calendar quarter, etc.
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National Forest & Community Forests
National Forest
In Midlands – 200 sq. mls – Nat Forest Co. est. 1995 (DEFRA)
blending commercial forestry with ecological, landscape and public benefit.
Economic regeneration of former mining sites
Goal: Woodland cover on 1/3 of area
Partners – Forestry Commission, Woodland & Wildlife Trusts, local authorities (6 Districts, 3 Counties), private owners
Community Forests
a partnership between local authorities and local, regional and national partners including the Forestry Commission and Natural England. The founding basis for each Forest is a government-approved Forest Plan, a 30-year vision of landscape-scale improvement.
www.communityforest.org.uk
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Forestry Commission Woodland Grants
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Forestry Review 2012
2011- Opposition to Gov proposals to sell public forest estate
2012 - The Independent Panel on Forestry (Final Report - July 2012)
Report recommended• maximising the social, environmental and business benefits of English woodland
• public forest estate should be defined in law as land held in trust for the nation so that it will always remain as a national asset
Gov Policy Response (Jan 2013)
Public ownership retained
New independent body proposed
More woodland / tree cover
Preserve benefits and develop new markets
Urban and peri-urban trees promoted
Retain forestry expertise in public sector
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Joint guidance
One stop shop guide to roles, responsibilitiesand services from
Environment Agency (water, flooding, waste)
Forestry Commission (trees and woodlands)
Natural England (biodiversity, landscape and GI)
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Environmental management – air, soil,
water
Fundamental principles
recycling
reusing
reducing
mitigating
preventing
Environment Agency
Flood warnings, river levels and flood
risk maps
Flooding and coastal change
Waste including waste carriers
Environmental permits and exemptions
Environmental data and maps
Public registers
Report an environmental incident
Boating and waterways
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Water and flood management
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Water Resources Act 1991
Established role of National Rivers Authority -
now Environment Agency
Resource management
Setting standards for water quality
Flood defences, monitoring and warnings
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EU Water Framework Directive
Environment Agency is the ‘competent authority’
WFD gradually replaces existing Directives by 2013 and establishes targets to 2015 and beyond
WFD looks at ecological health of surface water + traditional chemical standards
EA to define environmental standards – quality, quantity and habitat structure + set targets for good or high classifications
EA has prepared 11 River Basin Management Plans for England and leads on actions
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Water - SUDS
EA is advisory body (for DEFRA)
EA Policy for SUDS standard guidance for all new development and to retrofit SUDS to mitigate existing adverse effects
Legislation and planning system increasingly promoting and supporting this Flood and Water Management Act 2010
SUDS prioritised in March 2010 draft PPS on Low Carbon Future in a Changing Climate – now echoed in 'Planning for Climate Change: guidance and model policies for local authorities‘ (TCPA) and NPPF
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Flood and Water Management Act
Schedule 3 - SUDS
Based on recommendations of Pitt
review on flooding
National standards for SUDS must be
produced by SoS Defra
Implementation aimed for April 2014
LPAs will regulate / deliver SUDs through
planning and management arrangements
(NOT via County / Unitary SABs)
LLFAs must provide technical advice and
guidance
LLFAs to be statutory consultees and must
comment on major schemes
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The SUDS Hierarchy
http://www.sustainabledrainagecentre.co.uk
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Flood and Water Management Act
2010 – other provisions
Act requires EA to prepare National Flood and Coastal Erosion Risk Management Strategy
EA has identified Flood Risk Areas
77 Lead Flood Risk Authorities producing local surface water / flood risk management plans – coordinated with River Basin Management Plans
LGA Flood Risk Portal established June 2012
Designation of structures and features for flood and coastal erosion risk management purposes – July 2012
Early actions supported by Defra (£5.3m)
Managing water through WSUD
Design of developments
addressing
Water supply
Waste water
Surface water
Flood management
+ biodiversity, playspace and
landscape character
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Minerals and Waste planning
Minerals & Waste administered by Mineral Planning Authorities:
– Unitary Councils, County Councils, National Park Authorities
– MPAs carry out forward planning, development control and monitoring and enforcement
MPAs must produce a Minerals and Waste Development Framework
Revised EU WDF required UK legislation by 12 December 2010 – Regulations in force 29 March 2011
Includes M & W or Local Development Scheme, LDDs, SCI, Annual Monitoring Report, etc.
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Mineral extraction - New landscape
opportunities
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Hampshire Minerals and Waste
Key Diagram
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Northamptonshire M & W Proposals Map
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Minerals in the NPPF Greater emphasis on supply, extraction and safeguarding /
stockpiling reserves
Less emphasis on protecting environment or restoration standards
“As far as is practical”, avoid Nat Parks, The Broads, AONBs, World Heritage sites, Scheduled Monuments and Conservation Areas
LPAs should “provide for restoration and aftercare at the earliest opportunity to be carried out to high environmental standards, through the application of appropriate conditions, where necessary.”
No explicit reference to ‘landscape’
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Aggregates levy
£2 tonne levied on sand, gravel and rock subject to commercial exploitation in the UK (incl. imports and dredging)
Objectives:
mitigating environmental costs (noise, dust, visual impact and loss of amenity)
reducing demand for virgin aggregate and
encouraging the use of recycled materials.
Contributed to DEFRA’s Aggregates Levy Sustainability Fund ABOLISHED
aimed to reduce impact on environment and benefit areas of extraction – grants for projects
Ended in 2010 Public Spending Review
Waste Framework Directiveo The waste hierarchy
o Waste management
plan for England
o Waste management
plan for England: post
adoption statement
o National planning
policy for waste
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o The waste hierarchy
o Waste management
plan for England
o Waste management
plan for England: post
adoption statement
o National planning
policy for waste
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Waste regulation National Waste Management Plan published 2013
CLG Guidance issued December 2012
LAs to deal with waste as resource and disposal as last option
Local waste management plans to address
How waste objectives to be delivered?
What existing and future quantities?
Where will waste be managed?
What existing and future capacity available?
Expectation of collaborative approach (Duty to Co-operate?)
LAs not producing Waste Management Plans should
Work with waste authorities to identify management sites
Consider impact of development on waste management sites
Promote sound waste management on new development
Encourage re-use, recycling and on-site waste storage facilities as sustainable development
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Landfill taxBased on EU Landfill Directive
Tax applied by HMRC at landfill sites
Purpose: to encourage business and consumers to produce less waste
to discourage landfill and
to encourage waste minimisation and investment in recycling and/or resource recovery.
Current rates (1/4/15) : • £2.60 / tonne – inert/ inactive waste
• £82.60 / tonne– active waste
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Waste Transfer Notes
Controlled Waste Transfer Note is a legal
document that must be completed when waste
is transferred from one party to another.
Legal Duty of Care applies to everyone
involved in handling waste.
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Site Waste Management Plans in the
Construction Industry
Code of Good
Practice
SWMP Regs
revoked December
2013
SMARTWaste Plan
now from BRE
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Environment Agency and Pollution Control
EC Directive 2008/1/EC (to 2014 - then Directive 2010/75/EU on industrial emissions)
integrated pollution prevention and control (IPPC)
Environmental Permitting Regulations (England and Wales) 2010
• Installations Part A(1) – EA controlled
• Installations Parts A(2) & B – LPA controlled
Penfold Review (Nov 2011) to streamline non-planning regulation and consents
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Pollution control and environmental
management Legislation & controls
Environmental Protection Act 1990
Environment Act 1995 (N.B. also amended National Parks Act)
Pollution Prevention and Control Act 1999• Environmental Permitting Regulations 2008
• EA regulates Part A1 industries e.g. minerals, energy, waste, etc. LPAs regulate Part A2 and Part B less polluting industries
Water Resources Act 1991 (regulation of discharges into controlled waters) • EA can serve remediation notice or take action and recover costs
Nitrate Pollution Prevention Regulations 2008 – EA administers• Designate areas of land draining into nitrate-polluted waters as Nitrate Vulnerable
Zones
Env. Agency publishes Model Procedures for the management of contaminated land (CLR 11) - risk management, technical detail, further information sources
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Environmental Protection Act 1990 and
Part 2A Local authority has regulatory role on contaminated land to:
• Decide what is and what is not Contaminated Land
• Decide who is responsible for it
• Decide what level of remediation is needed
• Record action on a public register
Key concepts: Source (contaminant) – pathway (medium of transmission e.g. soil) – receptor (organism / ecosystem likely to be harmed)
LAs may issue remediation notice – non-compliance is an offence
EA provides guidance and advice and deals with Special Sites
“The polluter pays” (but if unidentified – the owner pays – or the public)
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Contaminated land and the NPPF
LPA policies and decisions to ensure
Site is suitable for use and remediation
Adequate information is presented
Developer actions to ensure
Competent persons employed, site is suitable,
development will be safe and remediation
delivered (monitor results)
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Pesticide Controls # 1 Pesticide: substance used to control or destroy any pest (incl. herbicides,
preservatives, etc.)
Biopesticide: plant protection products – must be approved
Chemicals Regulation Directorate (CRD) is competent authority within HSE (under DEFRA) – useful website
COPR (Control of Pesticides Regulations, 1986 amended 1997) – defines types of pesticide, approvals required and regulates supply and usage.
Certificate of competence required for commercial use of pesticides (or for people born after 31/12 /1964!)
COSHH (Control of Substances Hazardous to Health) regulations – HSE regulated
COSHH covers chemicals, fumes, dusts, vapours, mists and gases, andbiological agents (germs).
COSHH objective is to safeguard health – duty to avoid / minimise risk
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Pesticide Controls #2
REACH – Registration, Evaluation,
Authorisation and Restriction of
Chemicals – EU initiative
Ensures better information on
hazards and usage of chemicals
from manufacturers to users
through improved safety data
sheets
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Grant Aid / Funding
Funding Organisations
o EU - LIFE
o National - Arts Council, HLF, BIG, Sport England, NE, EH, Forestry Commission
o Charitable trusts
Programmes
Applications and stages procedures
Payment applications / documentation / monitoring
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EU funding
LIFE (since 1992)
Nature and Biodiversity
Environmental Policy and
Governance
EU - 3115 projects, €2
billion in EU grant
UK – 197 projects, value
€374m, 166m in EU grant
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Other grant sources
Landfill-related funding (SITA, Biffa)
Charitable Trusts - see Funding Central
website for list of funding sources
o E.g. Woodland Trust, Tree Council, Esmee
Fairbairn,, B & Q, Tesco, St. Modwen, etc.
http://www.fundingcentral.org.uk/
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BREEAM & Code for Sustainable Homes
BREEAM – Bdg Research Establishment Environmental Assessment Method Sets standards for sustainable design and use of non-
domestic buildings
Code for Sustainable Homes – Gov’t (CLG) approved standards – 6 levels - for new housing.
Exceeds Building Regs standards (but BR part L requires increasing compliance to levels – objective for all new homes to be zero carbon rated from 2016)
Little attention paid to external environment at present (apart from ecology) but may change
(Chartered) landscape architects are ecologists
Energy, housing and renewables
Housing Standards Review – replacing Building Regs. –
strongly influenced by housebuilders
o April 2015: Deregulation Act 2015
o Planning system can not consider energy or ‘technical’ issues
re housing
o Code for Sustainable Homes axed
o July 2015: 2016 target for zero carbon homes axed
o October 2015: optional standards in local plan policy for
water and space - if evidence based
Onshore wind subsidies cut
Fracking promoted
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CEEQUAL – ICE led initiative
“CEEQUAL is the evidence-based Sustainability Assessment and Awards Scheme for civil engineering, infrastructure, landscaping and the public realm, and celebrates the achievement of high environmental and social performance.”
Version 5 content:
Project strategy, project management, people & communities, land use and landscape, historic environment, ecology & biodiversity, water environment, physical resources, transport
www.ianphillips.eu
Advice to landscape architects
EC Directives and Treaties, ECJ judgements and national legislation override national policy
Green infrastructure increasingly important for technical application of landscape elements
Emerging environmental and planning policy and legislation is changing, controversial and high profile
Copy PPSs, PPGs and guidance from CLG, Planning Portal, CABE Space archive, etc. while available
Planning reform may be good for the economy, consultants and lawyers – is it good for places or people?