Strategic Environmental Assessment (SEA) for the Shenley Park SPD
Appendices
Appendix I: Legal checklist
As discussed in Section 1 above, Schedule 2 of the Environmental Assessment of Plans Regulations 2004 (the Regulations) explains the information that must be contained in the Environmental Report. However, interpretation of Schedule 2 is not straightforward. Table AI.1 links the structure of this report to an interpretation of Schedule 2 requirements, whilst Table AI.2 explains this interpretation. Table AI.3 identifies how and where within this report the requirements have/ will be met.
Table AI.1: Questions answered by this report, in-line with an interpretation of regulatory requirements
|
Questions answered |
As per regulations, the report must include… |
||
|
Introduction |
What's the plan seeking to achieve? |
|
|
|
What's the SEA scope? |
What's the sustainability 'context'? |
|
|
|
What's the sustainability 'baseline'? |
|
||
|
What are the key issues and objectives that should be a focus? |
|
||
|
Part 1 |
What has plan-making / SEA involved up to this point? |
|
|
|
Part 2 |
What are the SEA findings at this current stage? |
|
|
|
Part 3 |
What happens next? |
|
|
Table AI.2: Interpretation of the regulations
Table AI.3: 'Checklist' of how (throughout the SEA process) and where (within this report) regulatory requirements are met
Regulatory requirement
How requirement is met
A) The Environmental Report must present certain information
1. An outline of the contents, main objectives of the plan or programme, and relationship with other relevant plans and programmes;
Section 2 ('What is the plan seeking to achieve') presents this information.
2. The relevant aspects of the current state of the environment and the likely evolution thereof without implementation of the plan or programme;
3. The environmental characteristics of areas likely to be significantly affected;
4. Any existing environmental problems which are relevant to the plan or programme including, in particular, those relating to any areas of a particular environmental importance, such as areas designated pursuant to Directives 79/409/EEC and 92/43/EEC.;
These matters have been considered in detail through scoping work, which has involved dedicated consultation on a Scoping Report.
The 'SEA framework' – the key outcome of scoping – is presented within Section 3 ('What is the scope of the SEA?') and Appendix II discusses key issues.
5. The environmental protection, objectives, established at international, Community or national level, which are relevant to the plan or programme and the way those objectives and any environmental, considerations have been taken into account during its preparation;
The SEA framework is presented within Section 3.
With regards to explaining "how...considerations have been taken into account", Section 7 explains the plan-maker's reasons for supporting the preferred approach', i.e. explains how/ why the preferred approach is justified in light of alternatives.
6. The likely significant effects on the environment, including on issues such as biodiversity, population, human health, fauna, flora, soil, water, air, climatic factors, material assets, cultural heritage including architectural and archaeological heritage, landscape and the interrelationship between the above factors. (Footnote: These effects should include secondary, cumulative, synergistic, short, medium and long-term permanent and temporary, positive and negative effects);
Section 6 presents an assessment of reasonable alternatives, in the form of alternative concept masterplans.
Section 9 presents an assessment of the Draft SPD.
With regards to assessment methodology, Section 8 explains the role of the SEA framework/scope, and the need to consider the potential for various effect characteristics/ dimensions, e.g. timescale.
7. The measures envisaged to prevent, reduce and as fully as possible offset any significant adverse effects on the environment of implementing the plan or programme;
The assessment highlights certain tensions with environmental and wider sustainability objectives, which might potentially be actioned when finalising the plan.
8. An outline of the reasons for selecting the alternatives dealt with, and a description of how the assessment was undertaken including any difficulties (such as technical deficiencies or lack of know-how) encountered in compiling the required information;
Sections 4 and 5 deal with 'reasons for selecting the alternatives dealt with', in that there is an explanation of the reasons for focusing on particular issues and options/alternatives.
Also, Section 7 explains the plan-maker's reasons for selecting the preferred option (in-light of alternatives).
9. Description of measures envisaged concerning monitoring in accordance with Art. 10;
Section 11 presents measures envisaged concerning monitoring.
10. A non-technical summary of the information provided under the above headings
Presented at the start of this report.
B) The Report must be published for consultation alongside the draft plan
Authorities with environmental responsibility and the public, shall be given an early and effective opportunity within appropriate time frames to express their opinion on the Draft Plan or programme and the accompanying environmental report before the adoption of the plan or programme (Art. 6.1, 6.2)
At the current time, this report is published for consultation alongside the Draft SPD, in order to inform the consultation.
C) The report must be taken into account, alongside consultation responses, when finalising the plan
The environmental report prepared pursuant to Article 5, the opinions expressed pursuant to Article 6 and the results of any transboundary consultations entered into pursuant to Article 7 shall be taken into account during the preparation of the plan or programme and before its adoption or submission to the legislative procedure.
This report, and consultation responses received, will be taken into account when finalising the SPD.
Appendix II: SEA scope
The aim here is to summarise key issues / opportunities highlighted through the consultation responses on the SEA scope received by Historic England and Natural England in early 2023.
Historic England:
- Emphasised the importance of the SPD presenting: "Details of how archaeological remains of more than local importance shall be protected and how proposals will minimise harm to the setting of Snelshall Monastery Scheduled Monument."
- Supplementary assessment questions might include:
- Are proposals likely to harm to the setting of adjacent heritage assets?
- Are proposals likely to harm archaeological remains within the site boundary?
- Do proposals respond positively to the location's history and heritage assets?
Natural England:
- The assessment should consider how options help to enhance designated assets/sites in line with good ecological practice, and any avoidance measures should be in line with the mitigation hierarchy (avoid, mitigate, compensate).
- Ancient woodland is a key issue. The site is fortunate to have a stand of ancient replanted woodland to the north. Ancient woodland takes hundreds of years to establish and is defined as an irreplaceable habitat.
- Multi-functional spaces and green infrastructure is key to the achievement of communities objectives; see Natural England's Green Infrastructure Framework.
- In addition to agricultural land, there is a need to consider the value of soils more widely. In order to safeguard soil resources as part of the overall sustainability of the development, it is important that the soil resource is able to retain as many of its important functions as possible. This can be achieved through careful soil management and appropriate, beneficial soil re-use, with consideration on how any adverse impacts on soils can be avoided or minimised. Defra has published a Construction Code of Practice for the Sustainable Use of Soils on Construction Sites. It provides advice on the use and protection of soil in construction projects, including the movement and management of soil resources. The British Society of Soil Science has published the Guidance Note Benefitting from Soil Management in Development and Construction which sets out measures for the protection of soils within the planning system and as part of construction.
