Biodiversity Net Gain Supplementary Planning Document

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Strategic Environmental Assessment of the Biodiversity Net Gain Supplementary Planning Document

3: The Screening Process

3.1 The screening assessment is undertaken in two parts: the first will assess whether the SPD requires screening for SEA and the second part of the assessment will consider  whether the SPD is likely to have a significant effect on the environment, using criteria drawn from Schedule 1 of the SEA Regulations.

Table 1: Is SEA screening required?

Environmental Regulations Paragraph
detail		 Comment
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 biodiversity net gain
within the adopted Local Plan. This applies to the whole administrative area of Coventry City Council.
Determinations of the responsible
authority“[1]
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.

3.2 Table 2: will the SPD have a significant effect on the environment [2]

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 in itself
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 biodiversity
policies 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 negative transboundary effect as this SPD relates to delivery of Biodiversity and Ecology sites and mitigation in Coventry City Council area. Any negative transboundary effects have already been assessed as part of the Local Plan’s sustainability appraisal, the Habitat Regulations Assessment and the Plan’s examination process. The City Council will continue to work with neighbouring authorities to seek positive cross boundary solutions to relevant biodiversity opportunities.
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.
1. Responsible authority”, in relation to a plan or programme, means the authority by which or on whose behalf it is prepared (Regulation 2(1)(a)) [back]
2. As set out in Schedule 1 of the Environmental Assessment of Plans and Programmes Regulations 2004 [back]

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