Environmental Regulations Paragraph detail

Comments

2.(1) In these Regulations-

[...]

"plans and programmes” means plans and programmes, including those co-financed by the European Community, as well as any modifications to them, which—

(a) are subject to preparation and adoption by an authority at national, regional or local level;

(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 provisions

Yes, this applies.

The SPD is subject to preparation and adoption at local level. Whilst the SPD is not a requirement and is optional under the provisions of the Town and Country Planning Act it will, if adopted, supplement the development plan and

be a material consideration in the assessment of planning applications.

Environmental assessment for plans and

programmes; first formal preparatory act on or after 21st July 2004

5.(2) The description is a plan or programme which—

(a)is prepared for agriculture, forestry, fisheries, energy, industry, transport, waste management, water management, telecommunications, tourism, town and country planning or land use, and

(b)sets the framework for future development consent of projects listed in Annex I or II Directive 2011/92/EU(4) of the European Parliament and

of the Council on the assessment of the effects of certain public and private projects on the environment.

Yes, this applies.

The SPD is prepared for town and country planning purposes. It supplements the planning policy framework of the Coventry City Local Plan, by providing detailed guidance as to how these policies are interpreted for future consent of projects listed in Schedule II of Directive 2011/92/EU(4).

3) The description is a plan or programme which, in view of the likely effect on sites, has been determined to require an assessment pursuant to Article 6 or 7 of the Habitats

Directive.

No this does not apply.

The SPD is not likely to affect sites and has been determined not to require an assessment pursuant to any law that implemented Article 6 or 7 of the Habitats Directive.

Habitat Regulations Assessment is not required. The Habitat Regulation Assessment undertaken in 2016 for the Coventry City Local Plan concluded that the plan would not cause a negative effect alone or in combination with other plans. The SPD does not provide any guidance which alters the impact of the policy on designated sites.

6) An environmental assessment need not be carried out—

(a)for a plan or programme of the description set out in paragraph (2) or (3) which determines the use of a small area at local level, or

(b)for a minor modification to a plan or

programme of the description set out in either of those paragraphs,

Yes, this applies.

The SPD provides further detail on the

implementation of affordable housing policy within the adopted Local Plan. This applies to the whole administrative area of Coventry City Council.

Determinations of the responsible authority[3]

9.—(1) The responsible authority shall determine whether or not a plan, programme or modification of a description referred to in—

(a)paragraph (4)(a) and (b) of regulation 5;

(b)paragraph (6)(a) of that regulation; or

(c)paragraph (6)(b) of that regulation,

is likely to have significant environmental effects.

(2) Before making a determination under

paragraph (1) the responsible authority shall—

(a)take into account the criteria specified in Schedule 1 to these Regulations; and

(b)consult the consultation bodies.

This screening opinion has been prepared using the criteria specified in Schedule 1 as presented in Table 2.

The statutory bodies (Natural England, Historic England and the Environment Agency) are to be consulted as required.

SEA requirement

Comments

1: The characteristics of plans and programmes, having regard, in particular, to

(a) the degree to which the plan or programme sets a framework for projects and other activities, either with regard to the location, nature, size

and operating conditions or by allocating

resources;

The SPD has a minor role in setting the

framework for projects. While the SPD forms a material consideration in decisions on planning applications, it has no influence on the location

or volume of projects nor does it allocate

resources.

(b) the degree to which the plan or programme influences other plans and programmes including those in a hierarchy;

The SPD does not create new policies but will support the policies in the adopted Local Plan. Other plans and programmes may outlive the SPD and during their preparation will be

steered by national legislation and policy.

(c) the relevance of the plan or programme for the integration of environmental considerations in particular with a view to promoting sustainable development;

The purpose of the SPD is to provide guidance to support the affordable housing policy of the adopted Local

Plan. The Local Plan SA/SEA assessed this.  The purpose of the SPD is to ensure these beneficial impacts of that policy are delivered and maintained which contributes to promoting sustainable development.

(d) environmental problems relevant to the plan or programme; and

There are no environmental problems relevant to this SPD: it elaborates adopted Local Plan policy.

(e) the relevance of the plan or programme for the implementation of retained EU law on the environment (for example, plans and programmes linked to waste management or water protection).

The SPD has no relevance to the implementation of retained EU law.

2. Characteristics of the effects and of the area likely to be affected, having regard, in particular, to—

(a) the probability, duration, frequency and reversibility of the effects;

The SPD is not allocating sites for development. The SPD is to provide guidance for the application and implementation of the policies in

the adopted Local Plan and is not expected to give rise to any significant environmental effects.

(b) the cumulative nature of the effects;

The SPD is not considered to have any

significant cumulative effects. As the document provides further guidance to adopted local plan policies, but does not set policies itself, it cannot contribute to cumulative impacts in combination

with the Local Plan.

(c) the transboundary nature of the effects;

There are no transboundary effects as this SPD relates to the Coventry City Council area only. Any potential significant transboundary environmental

effects have already been assessed as part of the local plan’s sustainability appraisal, the Habitat Regulations Assessment and the plan’s examination process.

d) the risks to human health or the environment (for example, due to accidents);

The SPD poses no risk to human health.

(e)the magnitude and spatial extent of the effects (geographical area and size of the population likely to be affected);

The SPD relates to Coventry City Council’s administrative area only.

(f)the value and vulnerability of the area likely to be affected due to—

(i)special natural characteristics or cultural heritage;

(ii)exceeded environmental quality standards or limit values; or

(iii)intensive land-use;

The SPD relates to the Coventry City Council area only; as no development

is proposed via the SPD, which elaborates on existing policy, none of these are likely to be affected by the SPD. Any site-specific matters would be

addressed through a planning application specific to an individual proposal.

(g)the effects on areas or landscapes which have a recognised national, Community or international protection status.

The SPD relates to the Coventry City Council area only; as no development

is proposed via the SPD, which elaborates on existing policy, none of these matters are likely to be affected by the SPD. Any site-specific matters would be addressed through a planning application specific to an individual proposal.