Issues in implementing the SEA Directive

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Issues in implementing the SEA Directive

• Riki Therivel, Levett-Therivel

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• Directive its implementation
• Key issues
• What plans/programmes need SEA
• Links to sustainability (appraisal)
• Baseline data
• Alternatives
• Prediction
• Documenting the findings

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• THE DIRECTIVE AND ITS IMPLEMENTATION

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Directive 2001/42/EC on the assessment of the
effects of certain plans and programmes on the
environment
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Directive 2001/42/EC on the assessment of the
effects of certain plans and programmes on the
environment
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Directive 2001/42/EC on the assessment of the
effects of certain plans and programmes on the
environment
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Directive 2001/42/EC on the assessment of the
effects of certain plans and programmes on the
environment
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1. Preparation of SEA report
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2. Consultation

• Environmental authorities at scoping stage
• Public, environmental authorities and other
  affected Member States on draft plan and SEA
  report

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3. Take SEA report consultation findings into
account

• How environmental considerations were integrated
  into plan
• How SEA report and consultation results were
  taken into account
• Reason for choosing plan in light of other
  reasonable alternatives

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• Agreed July 2001
• Must be implemented by 21 July 2004
• Time to panic!

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Issues paper Draft of draft guidance ODPM etc.
consultation Draft guidance Consultation
until 9 pilots 24 Jan. 03
Draft final guidance
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KEY PRINCIPLES

• SEA/SA is a tool for improving the plan
• aim to make the plan as sustainable as possible
  focus on key env./sust. constraints
• consider different plan options
• be transparent
• apply the precautionary principle

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• KEY ISSUES IN IMPLEMENTING THE DIRECTIVE

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WHAT STRATEGIC ACTIONS NEED SEA?

• plans and programmes that
• are subject to preparation/adoption by an
  authority and
• are required by legislative/administrative
  provisions and
• are likely to have significant environmental
  effects and
• are for agriculture, forestry, fisheries, energy,
  industry, transport, waste management, water
  management, telecommunications, tourism, town and
  country planning or land use and set the
  framework for development consent of projects
  requiring EIA or
• require appropriate assessment under the Habitats
  Directive or
• set the framework for future development consent
  of projects and
• are begun after 21 July 2004 or completed after
  21 July 2006

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In practice this means

• Regional and local land use plans
• Regional/local transport, waste etc. programmes
• Plans/programmes by privatised companies with
  quasi-government functions

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• National-level plans and programmes
• Most agricultural, tourism, telecoms
  plans/programmes

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SUSTAINABILITY V. ENVIRONMENTAL ASSESSMENT

• The objective of this Directive is to provide
  for a high level of protection of the
  environment with a view to promoting sustainable
  development

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• Environmental assessment current problems
  (baseline-led)
• Sustainability assessment future vision
  (objectives-led)
• Set environmental limits and, within that,
  optimise social and economic objectives?

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WHAT BASELINE DATA?

• There is plenty of information out there!
• but it is not always ideal
• up to date
• several years of data
• at right scale
• outcome not input

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Official version

• The environmental report must "include the
  information that may reasonably be required
  taking into account current knowledge and methods
  of assessment, the contents and level of detail
  in the plan or programme, its stage in the
  decision-making process and the extent to which
  certain matters are more appropriately assessed
  at different levels in that process in order to
  avoid duplication" (art. 5.2)

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My version why collect baseline data?

• allow environmental problems to be identified and
  addressed
• provide a baseline for future monitoring
• provide a basis for prediction of effects

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WHAT ALTERNATIVES?

• Environmental report must identify, describe and
  evaluate reasonable alternatives taking into
  account the objectives and the geographical scope
  of the plan or programme (Art. 5.1)

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Hierarchy of alternatives
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WHAT LEVEL OF DETAIL IN PREDICTIONS?

• Typical
• appraisal

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Example conversion of historic agricultural
buildings

• Assume
• 5-10 buildings converted each year
• each building currently generates 3-5
  journeys/day, each journey 3-5 km
• 1/3-2/3 of buildings converted to workshops, the
  rest to storage
• workshops would generate 5-15 journeys/day, each
  journey 8-15 km
• storage would generate 10-20 journeys/day, each
  journey 15-25 km

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• Additional future journeys
• minimum 258 km/day more (125 current, 383
  future).
• maximum 3993km/day more (90 current, 4083
  future).
• 4 assumptions 15-fold difference
• Does it make sense to do this?

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• But
• shows that policy would always lead to more
  journeys
• gives ideas about how to minimise impacts

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DOCUMENTING THE FINDINGS