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Secretariat by

CASES OF SEA, EIA, AA

Ljubljana, 10. 12. 2015

SEA for the Spatial Plan of City of

Ljubljana

Ljubljana Region

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Developing of spatial plans in Ljubljana

1965: General Urbanistic Plan

1986: Ljubljana 2000 – Ljubljana Municipal Spatial Plan

2002: Concept of Spatial Development

2005: Decision about preparation of new Spatial plan

2006: Active work on preparation of new Spatial plan for Ljubljana

08.10. 2010: Adoption of Ljubljana Municipal Spatial Plan

PROCESS

2006: Concept of Spatial Development

2007: First draft of Municipal Spatial Plan (strategic level)

2007: First public hearings (17)

2008-2009: Second draft of Municipal Strategic Spatial Plan and first draft of Municipal Operational Spatial Plan

2009: Second public hearings (17)

2009: Draft Ljubljana Municipal Spatial Plan (Strategic and operational level)

January 2010: Third public hearings (5)

June 2010: Proposal of Ljubljana Municipal Spatial Plan

June 2010: Decision on environmental acceptability

July 2010: Adoption of spatial plan by the Municipality Council

08.10.2010: Final adoption and publication in the Official Journal

SCREENING

in 2005

One of the first screening procedures after the

transposition of the SEA Direcitve in Slovenian

legislation in 2004

According to environmental legislation from 2004

the screening was made in an early stage of the

planning process, where the main development

projects haven’t been defined yet.

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SCREENING

Prepared on a general level,

all available environmental

data and spatial limitations

were included

Decision that SEA for the plan

is required

Preparation of an

environmental report that

includes Appropriate

Assessment

Protective forests and forests with special purpose

Cultural Heritage

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Natural values: Protected areas, Natura 2000, nature monuments

Areas of natural and environmental risks (including SEVESO)

Landslides and Eroison

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Flood risk areas

Earthquake risk areas

Drinking water protection

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SCOPING

Held at the beginning of SEA for strategic plan. All relevant stakeholders and institutions contributed. Main issues discussed are:

Air: Reducing traffic, Ecological energy building standards, Renewable Energy, PM, O3

Ground: Water protection zone, Floods, Protective forests and forests for special purposes, Sanitation areas

Water :Water protection zones, Waste and wastewater treatment

Noise: Transport, Industry, Shops, business offices, Conflict zones

Nature: Conservation of biodiversity, Protected areas

SCOPING

Transport: Transport infrastructure, Public transport infrastructure, Cycling infrastructure, Pedestrian infrastructure, Regional traffic integration

Health: School ways, Risk areas, Access to sports infrastructure and public green areas, Availability of public services

Green areas: Network of green (public) areas, Recreational infrastructure

Waste disposal: Waste collection infrastructure, Recycling, Reduction of waste

Cultural Heritage: Preservation of cultural heritage, functionality of objects of cultural heritage

Landscape: Preservation of typical landscape

OBJECTIVES AND INDICATORS

A objective proposal prepared on the basis of the

strategic documents, directives, international conventions

and national legislation

Workshops on scoping, objectives and indicators for all

relevant sectors organized by the Ministry and

Municipality

Confirmation of objectives and indicators by the Ministry

of the Environment, SEA Department

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GROUPS OF THE ENVIRONMENTAL

OBJECTIVES

Sustainable use of natural resources

Improved air quality

Good water quality

Effective waste management

Reduced noise

Preserved nature (including Natura2000 sites)

Quality of life

Preserved cultural heritage

Preserved landscape

Efficient traffic

EXAMPLE OF OBJECTIVES

Mobility

Increase non-motorized mobility for 20 %

until 2013

Increase public transport use for 17% until

2013

Public Transport with P+R,

Footpaths and Cycling trails

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METHOD OF SEA REPORT

ASSESSMENT

– Assessment of environmental impact (according to the Decree on Environmental Report)

A- no impact/impact is positive

B- no significant impact

C- no significant impact under the mitigation measures

D- significant impact

E- devastating impact

X- assessment not possible

ALTERNATIVES

1.step

0 alternative – non action

On the concept level two strategic aternatives:

A. Urban sprawl outside the motorway

B. Urban sprawl inside the motorway

2.Step

Alternatives for those interventions, that are graded with a

D or E (Industry, traffic, railway)

Background for alternatives in different development

programms.

We didn’t search for alternatives just for legislation to meet.

ALTERNATIVES (Urban development)

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ALTERNATIVES (Business zones)

Assessed alternatives Accepted alternatives

MONITORING

Integration of monitoring from Environmental report to the plan (precondition for final approval of plan)

Monitoring programme

Definition of responsible institutions for monitoring

Proposals for new monitoring stations for improving the existing environmental monitoring

Step by step implementation of spatial plan according to the results of monitoring

QUALITY VERIFICATION OF THE

ENVIRONMENTAL REPORT

According to the art. 42 of the Environmental

protection act the Ministry of the environment gives

an opinion on quality of the ER (30 days)

The quality opinion is based on opinions of

ministries and organisations, competent for

environmental protection, protection of natural

resources, landscape, health, cultural heritage (21

days)

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QUALITY VERIFICATION OF THE

ENVIRONMENTAL REPORT

2007 – the consultation with authorities for MunicipalSpatial Plan (strategic level)

2008 – the 1st consultation with authorities for Municipal Operational Spatial Plan

2009 – the 2nd consultation with authorities for both plans

Preparation of additional studies for specific environmental maters (noise, floods, ..)

informal consultation with relevant authorities regarding the integration of proposals in the plan

2010 – adoption of Environmental report by the Ministry of the Environment and Spatial Planning

PUBLIC INVOLVEMENT

In the phase of Scooping

workshops (6) with representatives of relevant stakeholders

In the phase of Environmental Report

according to the law public hearings lasts 30 days

The city extended the duration of the public hearings because of the importance of the document up to 40 days

Public presentations (39) to local communities (17districts) to gather comments and suggestions, plan presentation on the web (total around 10.000 comments, 1% comments to the environmental report : Landscape, noise, density of settlements)

Responses to comments and suggestions

Active participation of the Planning and SEA teams and mayor

IMPROVEMENT OF SPATIAL PLAN

Main imputs:

Environmental Report

Public remarks, opinions

Environmental authorities opinions

Results of specific studies

Opinions on Draft Municipal Spatial Plan by

competent authorities

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Land use

Recreational areas

Traffic

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Railway infrastructure

Noise protection areas

ADOPTION PROCEDURE, ENVIRONMENTAL

ACCEPTANCE OF THE PLAN

The Ministry of the Environment decided about the

acceptability of the plan

The decision was based on the opinions of

competent ministries and organisations

April 2010 – 1st consultation

June 2010 – 2nd & 3rd consultation

June 2010 – final decision

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CONTRIBUTION OF SEA TO THE PLAN

Reduction/relocation of proposed activities on

flooded areas and flood pervention measures

(retention ponds to reduce risks on settlement and

proposed landfil Barje)

the most productive agricultural land (retreat of

proposed industrial zones and settlement)

drinking water protection areas (IZ Brnčičeva, railway)

Natura 2000 sites and protected areas (Lj. Barje,

Šmarna gora)

CONTRIBUTION OF SEA TO THE PLAN

Improved alternatives for

Waste disposal site (communal waste and construction

waste)

Public transport, together with P+R

Pedestrian and cycling network

Industrial/business sites

Quality of life (noise protection, air protection, green

areas, mobility)

Connection between urban and rural areas

Defined phases of plan implementation according

to the environmental criteria

The process of integration of the environment at the programme, plan

and project level

The process of optimisation and alternative solution searching, which

leads toward better/more sustain solutions

The process which is open and transparent

The basis for better decision making while it answer on all questions

about the environment, public health, cultural heritage

Control for balancing interests and making low environmental risk

Decision process

Open wide discussion on environmental issues in the region related to

other plans and programmes

ACHIEVEMENTS

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KEY STONES FOR SUCCESS

Interdisciplinary teams

Two teams working in parallel

Transparent and open scoping

Many public discussion on environmental report and plan

Active cooperation of all environmental authorities: Ministry for Health, Ministry of Agriculture, Ministry of Culture, Agency for Environment, Institute for Nature Conservation, Slovenian Forest Service, Geological Survey of Slovenia

WHAT COULD BE BETTER

Communication among teams at the beginning of

the process

Development of alternatives at the early stage of

planning process

Time planning of preparation of necessary baseline

studies (floods, traffic,..)

Time planning of spatial plan preparation (4

instead of planned 2 years)

RECCOMMENDATION

Scoping in consultation with the competent authorities, organizations and public at the early stage of SEA;

Preparation of necessary baseline studies

Clear definition of objectives and indicators, together with the methodologies for assessment (at the beginning of the process);

Development of alternatives for the most important issues at the early stage of planning process;

Public involvement (at all stages of planning process);

Parallel preparation of the plan and SEA;

Keeping transparency in all planning phases;

Active cooperation of relevant sectors and organizations that influence the plan or vice versa

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Revision of Spatial plan of City of

Ljubljana

Started in 2013

Main issues (business zones, roads, noise protection

areas..)

The same teams that prepared basic spatial plan in

2010

Both teams worked in parallel, active consultations

Development of alternatives

SEA/AA team prepared environmental/nature

protection guidelines for planner and promptly guiding

the planners

Finaization – november 2015

UNSUFFICIENT TRANSPOSITION OF ARTICLE 6 OF HABITAT DIRECTIVE

Case detailed spatial plan Rova

Problem

Slovenia wanted to avoid assessments of plans

which were adopted before Slovenia joinined EU

Habitats Directive - Article 6 is used for assessment of the actual situation and not planned situation

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Description of the situation

In the municipal spatial plan development areas were defined. Plan was adopted before Slovenia joined the EU.

For the spatial plan SEA hasn‘t been implemented

When defining Natura 2000 sites, one of those areas was included in Natura 2000 site on the assumption that the plan has no impact on the Natura 2000 site

Investor bought the land and started with preparation of documentation

And what was the plan?

Land use

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Detail urban plan

Natura 2000 site Češeniške gmajne

Key Habitats and species

Eleocharis carniolica - one of the few locations in Slovenia, where it is located

Poor knowledge of the species distribution in Slovenia and in the area

No significant impacts to all other species and HT

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Additional researches

Development of alternatives

Detailed field research

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Last alternative

Process of such detailed plan

preparation

Started 2005

Municipality and investor prepared additional

surveys and monitoring

9 instead of 29 houses

Assessment is very critical to the planned

intervention, several mitigation measures were

requested

SEA and AA are still (again) in the process of

quality control

Results, discussion and conclusions

Transposition of Art. 6 of Habitats Directive shouldtake into account real, not planned situation

Do not include new development areas in Natura 2000 into plans without appropriate dana-noteffective way of planning (time consuming andcostly), even if the areas are small

Do not postphone appropriate assessment intodesign phase, without doing it in SEA for spatialplans– no shortscome

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SEA for OP Slovenia - Croatia

Programning document

Programming team and SEA/AA team were

working together

Selected measures that support sustainable

development

Scoping

Identified critical environmental issues

Surface and ground waters

Nature, Biodiversity, Natura 2000 and Protected areas

Cultural heritage and Landscape

Health and Quality of living conditions

Prepared guidelines how to consider those topics

into the Programe

Environmental report and AA

Focused to the key issues

During the preparation of Program all problematic

issues were discusec and optimal solutions were

sugested

Alternatives discussed and selected

Mitigation measures incorporated into the program

before it was assessed

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Consultations

Preparation of stakeholders analysis

Focused discussion with relevant stakeholders during

preparation of program and in the process of

SEA/AA

Public consultation before official finalization of

program and sending it to the official public

consultation

Wider acceptance of the program

Results

Good program, accepted by the stakeholders

Efficient preparation of program

Transparent procedure of selecting priorities and

measures

EIA for Highway section A4 SLIVNICA –

DRAŽENCI - GRUŠKOVJE

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Description of the Project

• Based on State Spatial Plan and

was funded through Cohesion

mechanism.

• A highway section in total length of

13,5km + regional road in length of

13,5km.

• Regulation of sections of streams

Rogatnica (2km) and Maceljčica (2,5

km).

• Building of „noise screens“ in total

length of 8,5km.

Scoping

ENVIRONMENTAL TOPIC CRUCIAL INFORMATIONS SCOPING DECISION

CLIMATE CHANGE • Dealt with on SEA level.

AIR• Will increase air pollution (SO2,

NOx, HOS/HC, NO2, PM10).

SOIL

• Will increase heavy metal

pollution.

• Current pollution linked to

intensive farming.

• Mostly agricultural and forest

areas.

SURFACE WATERS

• 2 streams will be regulated.

• Rain-water collection/purification

system will be built.

• Flood area.

NO

YES

YES

Focused on natural

resources aspect!

YES

Focused on physical

state of streams

and floods!

Scoping

ENVIRONMENTAL TOPIC CRUCIAL INFORMATIONS SCOPING DECISION

UNDERGROUND WATERS • Drinking water protection zone.

NOISE• Will significantly increase noise

pollution.

ELECTRO-MAGNETIC

RADIATION

• No significant EMR is expected.

LIGHT POLLUTION • Will increase light pollution.

WASTE

• Will generate considerable

ammounts of contruction waste

and soil.

• Already prepared waste

management plan with known

deposition sites with EP.NO

YES

YES

NO

NO

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Scoping

ENVIRONMENTAL TOPIC CRUCIAL INFORMATIONS SCOPING DECISION

NATURE• Rich Flora and Fauna.

• In some parts touches/crosses

Natura 2000 sites.

CULTURAL HERITAGE AND

LANDSCEPE

• Avoids significant elements of CH

and Landscape, but is in their

impact area.

HUMAN HEALTH• In general dealt with on SEA level.

• Specific issues (i.e. noise…) dealt

with through other topics.

YES

NO

YES

Assessment

Road route was well palned in the process of state

spatial plan

Mitigation measures were focused on flod

pervention, conectivity of habitats for fauna

(mitigation of fragmentation)

Noise protection for existing settlements

Conclussion

Do not avoid assessment on strategic level

Less problems in the phase of EIA if plan considered

environmental issues

Sometimes it is impossible to assess all possible

negative impacts. Give guidelines how to cope with

this issues during EIA procedure